Legislature(2011 - 2012)
2012-03-26 House Journal
Full Journal pdf2012-03-26 House Journal Page 2007 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday March 26, 2012 Seventieth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:04 a.m. Roll call showed 39 members present. Representative Gatto had been excused from a call of the House today. The invocation was offered by the Chaplain, Captain Donald Warriner of the Juneau Salvation Army. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray. I want to thank you for the opportunity to live and serve in the beautiful state of Alaska. From the first days of our country till today we have relied on people just like the ones present now in the House to make the city, state, and country we live in a better place. Give them the wisdom and strength to make the decisions that will continue to make the state of Alaska a great place to live and work. Help them to find the best solution in all that they do. I pray that you will bless each person here in the House and their families as they make sacrifices to serve the great state of Alaska. Once again thank you for this day, may it bring honor to you. I pray this in Jesus' name. Amen. 2012-03-26 House Journal Page 2008 The Pledge of Allegiance was led by Representative Pruitt. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that ththth the journal for the 67, 68, and 69 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 307 The following letter, dated March 23, 2012, was received: "Dear Speaker Chenault: On this date, I have signed the following bill passed by the second session of the Twenty-Seventh Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 307(FIN) "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; repealing appropriations; making appropriations to capitalize funds; and providing for an effective date." Chapter No. 5, SLA 2012 [Effective Date: See Chapter] As passed, the supplemental appropriations for Fiscal Year 2012 total $72,707,300, including $57,948,300 in unrestricted general funds, to address unanticipated costs in the current year. The legislation provides $5 million for disaster relief and authorizes expenditures related to the 2011 West Coast Storm Disaster, the 2011 Kenai Peninsula Windstorm, and the 2012 Prince William Sound Storm. Also included is $300,000 for the Alaska Department of Military and Veterans Affairs to counter the U.S. Department of 2012-03-26 House Journal Page 2009 Defense plans to reduce military spending through a Base Realignment and Closure Commission. Thank you for early passage of this supplemental appropriation bill. Sincerely, /s/ Sean Parnell Governor" SB 173 A message dated March 23, 2012, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 173 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Chapter No. 6, SLA 2012 Effective Date: March 24, 2012 MESSAGES FROM THE SENATE HJR 29 A message dated March 23, 2012, was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 29 Urging the United States Department of the Interior, Bureau of Land Management, to plug legacy wells properly and to reclaim the legacy well sites as soon as possible in order to protect the environment in the Arctic region. with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RES) am S Urging the United States Department of the Interior, Bureau of Land Management, to plug legacy wells properly and to reclaim 2012-03-26 House Journal Page 2010 the legacy well sites as soon as possible in order to protect the environment in the Arctic region; and requesting the Office of the Governor to increase nationwide awareness about legacy wells and well sites. (SCR 25 - title change resolution) HJR 29 is under Unfinished Business. Messages dated March 23, 2012, were read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 by the Senate Resources Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 29, urging the United States Department of the Interior, Bureau of Land Management, to plug legacy wells properly and to reclaim the legacy well sites as soon as possible in order to protect the environment in the Arctic region. was read the first time. SJR 11 SENATE JOINT RESOLUTION NO. 11 am by Senator Davis: Urging members of the Alaska delegation in Congress to support efforts by the National Women's History Museum to secure property in Washington, D.C., near the National Mall, as a permanent location for the National Women's History Museum. was read the first time and referred to the State Affairs Committee. 2012-03-26 House Journal Page 2011 REPORTS OF STANDING COMMITTEES SB 199 The Education Committee considered: SENATE BILL NO. 199 "An Act relating to the vocational and technical instruction funding factor for public school funding." The report was signed by Representative Dick, Chair, with the following individual recommendations: Do pass (6): Cissna, P. Wilson, Pruitt, Seaton, Kawasaki, Dick The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development SB 199 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lathrop High School, 2012 GCI Alaska Academic Decathlon Winner By Representative Thompson; Senator Paskvan Honoring - Monroe High School, 2012 GCI Alaska Academic Decathlon Winner By Representative Thompson; Senator Paskvan Honoring - Reverend Anna Frank By Senator Kookesh; Representative Dick Honoring - Christopher Kavanaugh By Senator Stevens; Representative Austerman 2012-03-26 House Journal Page 2012 Honoring - General Phillip E. Oates By Senator Stevens; Representative Seaton Honoring - Alyeska Pipeline Service Company, One of the 2012 World's Most Ethical Companies By Senator Coghill; Representative Feige In Memoriam - Melissa Lea (Missi) Cowell LaBean By Senator Coghill; Representative T. Wilson In Memoriam - Cue Bifelt By Senator Kookesh CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 9 The following was read the second time: 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." with the: Journal Page RES RPT CS(RES) NT 4DP 2DNP 1NR 2AM 1728 LETTER OF INTENT WITH RES REPORT 1729 FN1: (REV) 1729 FIN RPT CS(FIN) NT 6DP 1DNP 3NR 1AM 1977 RESOURCES LETTER OF INTENT WITH FIN REPORT 1978 FN2: (REV) 1978 Representative Austerman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2012-03-26 House Journal Page 2013 CS FOR HOUSE BILL NO. 9(FIN) "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 an action or decision related to 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 or a successor in interest 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 regulation by the Regulatory Commission of Alaska of an in-state natural gas pipeline that is expressly authorized to provide transportation as a contract carrier; relating to the Alaska Natural Gas Development Authority; relating to the procurement of certain services by the 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." There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that CSHB 9(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 9(FIN) will advance to third reading on tomorrow's calendar. HB 78 The following was read the second time: 2012-03-26 House Journal Page 2014 HOUSE BILL NO. 78 "An Act establishing a loan repayment program and employment incentive program for certain health care professionals employed in the state; and providing for an effective date." with the: Journal Page HSS RPT CS(HSS) 3DP 1NR 507 FN1: ZERO(EED) 507 FN2: (DHS) 507 FIN RPT CS(FIN) 11DP 1907 FN3: ZERO(EED) 1907 FN4: (DHS) 1907 Representative Austerman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 78(FIN) (same title) There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that CSHB 78(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 78(FIN) was read the third time. The question being: "Shall CSHB 78(FIN) pass the House?" The roll was taken with the following result: CSHB 78(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, 2012-03-26 House Journal Page 2015 Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto And so, CSHB 78(FIN) passed the House. Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 78(FIN) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 340 The following, which was advanced to third reading from the March 23, 2012, calendar (page 1991), was read the third time: HOUSE BILL NO. 340 "An Act relating to the reservation of certain mining claims from all uses incompatible with the purposes for establishing the Petersville Recreational Mining Area." The question being: "Shall HB 340 pass the House?" The roll was taken with the following result: HB 340 Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson Nays: Tuck Excused: Gatto 2012-03-26 House Journal Page 2016 Absent: Johansen, Millett And so, HB 340 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE RESOLUTIONS HJR 32 The following, which was advanced to third reading from the March 23, 2012, calendar (page 1993), was read the third time: CS FOR HOUSE JOINT RESOLUTION NO. 32(RES) Urging the United States Congress to remove wood bison from protection under the Endangered Species Act of 1973 and to grant control of wood bison in Alaska to the state. The question being: "Shall CSHJR 32(RES) pass the House?" The roll was taken with the following result: CSHJR 32(RES) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto Absent: Joule And so, CSHJR 32(RES) 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: 2012-03-26 House Journal Page 2017 Honoring - 4 Airborne Combat Team 25 Infantry Division, Operation Iraqi Freedom, October 2006 - November 2007 By Representatives Thomas, 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, Thompson, Tuck, P. Wilson, T. Wilson; Senator Huggins Honoring - Bethel Regional Middle School Warriors, 2012 Small School State Wrestling Champions By Representatives Herron, Chenault, Austerman, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Hoffman Honoring - Sitka High School, 2012 DDF State Champions By Representatives P. Wilson, 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, T. Wilson; Senator Stedman Honoring - Clem Tillion By Senator Stevens; Representatives Seaton, 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, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson Honoring - David Boxley, Tsimshian Artist, Eagle Clan By Senator Kookesh; Representatives Thomas, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, 2012-03-26 House Journal Page 2018 Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Robert Hess By Senators Ellis, McGuire; Representatives Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS Representative Austerman moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Tuck - from 6:45 p.m., April 6 to 10:00 p.m., April 8 Representative Guttenberg - from noon, April 16 to 9:30 p.m., April 19 Representative Gatto - through March 30, 2012 (amended from 1923) RECONSIDERATION HB 264 Representative Kerttula brought up reconsideration of the vote on CSHB 264(CRA) (page 1990). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 264(CRA) "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." 2012-03-26 House Journal Page 2019 The question to be reconsidered: "Shall CSHB 264(CRA) pass the House?" The roll was taken with the following result: CSHB 264(CRA) Third Reading Final Passage Reconsideration YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson Nays: T.Wilson Excused: Gatto Absent: Joule, Thomas And so, CSHB 264(CRA) passed the House on reconsideration. Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 264(CRA) was referred to the Chief Clerk for engrossment. SB 86 Representative Kerttula brought up reconsideration of the vote on CSSB 86(JUD)(efd am) (page 1992). The following was again before the House in third reading: CS FOR SENATE BILL NO. 86(JUD)(efd am) "An Act relating to the protection of property of persons under disability and minors; relating to the crime of violating a protective order concerning certain vulnerable persons; relating to aggravating factors at sentencing for offenses concerning a victim 2012-03-26 House Journal Page 2020 65 years or older; relating to the protection of vulnerable adults; making conforming amendments; amending Rules 12(h) and 45(a), Alaska Rules of Criminal Procedure, Rule 77, Alaska Rules of Civil Procedure, Rule 17, Alaska Rules of Probate Procedure, and Rule 9, Alaska Rules of Administration; and providing for an effective date." The question to be reconsidered: "Shall CSSB 86(JUD)(efd am) pass the House?" The roll was taken with the following result: CSSB 86(JUD)(efd am) Third Reading Final Passage Reconsideration YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto Absent: Joule, Thomas And so, CSSB 86(JUD)(efd am) passed the House on reconsideration. Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 86(JUD)(efd am) was signed by the Speaker and Chief Clerk and returned to the Senate. 2012-03-26 House Journal Page 2021 UNFINISHED BUSINESS HJR 16 Representative Millett added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 16 Proposing amendments to the Constitution of the State of Alaska relating to state aid for education. HJR 32 Representative Chenault added his name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 32(RES) Urging the United States Congress to remove wood bison from protection under the Endangered Species Act of 1973 and to grant control of wood bison in Alaska to the state. HB 9 Representatives Johnson and Costello added their names as cosponsors to: CS FOR HOUSE BILL NO. 9(FIN) "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 an action or decision related to 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 or a successor in interest 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 regulation by the Regulatory 2012-03-26 House Journal Page 2022 Commission of Alaska of an in-state natural gas pipeline that is expressly authorized to provide transportation as a contract carrier; relating to the Alaska Natural Gas Development Authority; relating to the procurement of certain services by the 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." HB 78 Representatives Kawasaki, Holmes, Kerttula, Costello, Johnson, Olson, Lynn, and Cissna added their names as cosponsors to: CS FOR HOUSE BILL NO. 78(FIN) "An Act establishing a loan repayment program and employment incentive program for certain health care professionals employed in the state; and providing for an effective date." HB 340 Representative Keller added his name as cosponsor to: HOUSE BILL NO. 340 "An Act relating to the reservation of certain mining claims from all uses incompatible with the purposes for establishing the Petersville Recreational Mining Area." ENGROSSMENT HJR 32 CSHJR 32(RES) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 78 CSHB 78(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 264 CSHB 264(CRA) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2012-03-26 House Journal Page 2023 HB 340 HB 340 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 27, 2012. There being no objection, the House adjourned at 12:20 p.m. Suzi Lowell Chief Clerk