Legislature(2011 - 2012)
2012-04-05 House Journal
Full Journal pdf2012-04-05 House Journal Page 2201 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday April 5, 2012 Eightieth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:40 a.m. Roll call showed 38 members present. Representative Neuman was absent and later excused. Representative Austerman moved and asked unanimous consent that Representative Hawker be excused from a call of the House from today to 2:00 p.m., April 9 (amended from page 2117). There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Nancy Campbell of the Gospel Outreach Christian Center. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. I will lift up my eyes to the hills from whence comes my help? My help comes from the Lord who made heaven and earth. (Psalm 121:1, 2) So I sought for a man among them who would make a wall and stand in the gap before me on behalf of the land. (Ezekiel 22:30) Lift the weariness off of these legislators. Cause a refreshing wind to blow upon them. Give them strength when they need it. I pray for resolution where there does not seem to be a way. All the decisions they need to make as this session 2012-04-05 House Journal Page 2202 winds down, give them clarity of thought. Bring your healing touch to those who are ill. Protect their families. Bless them this day, Lord. In Jesus' name. Amen. The Pledge of Allegiance was led by Representative Austerman. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that th the journal for the 79 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 284 A message dated April 4, 2012, and received at 12:29 p.m., was read stating the Senate passed CSHB 284(FIN) with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, amending appropriations, and making reappropriations; and providing for an effective date." The message further stated that under Rule 43(b) of the Uniform Rules engrossment had been waived and Certified Amendment No. 2 was attached (Senate Journal page 2050). A message dated April 4, 2012, and received at 3:22 p.m., was read stating the Senate engrossed SCS CSHB 284(FIN) am S. CSHB 284(FIN) is under Unfinished Business. HB 285 A message dated April 4, 2012, and received at 12:56 p.m., was read stating the Senate passed CSHB 285(FIN) with the following amendment, and it is transmitted for consideration: 2012-04-05 House Journal Page 2203 SENATE CS FOR CS FOR HOUSE BILL NO. 285(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." CSHB 285(FIN) is under Unfinished Business. Messages dated April 4, 2012, were read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 27 CS FOR SENATE BILL NO. 27(HSS) by the Senate Health and Social Services Committee, entitled: "An Act relating to flame retardants and to the manufacture, sale, and distribution of products containing flame retardants; relating to a multistate chemicals clearinghouse; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 91 CS FOR SENATE BILL NO. 91(FIN) by the Senate Finance Committee, entitled: "An Act amending the termination date of the licensing of sport fishing operators and sport fishing guides; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 151 CS FOR SENATE BILL NO. 151(JUD) by the Senate Judiciary Committee, entitled: 2012-04-05 House Journal Page 2204 "An Act relating to mitigation at sentencing in a criminal case for a defendant found by the court to have been affected by a fetal alcohol spectrum disorder." was read the first time and referred to the Judiciary and Finance Committees. SB 159 CS FOR SENATE BILL NO. 159(RES) by the Senate Resources Committee, entitled: "An Act establishing the Susitna State Forest; urging the Governor to acquire forest land that is currently in the Tongass National Forest; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Resources Committees. SB 179 SENATE BILL NO. 179 by Senators Davis, Wielechowski, Dyson, Kookesh, Ellis, Meyer, Menard, Paskvan, McGuire, Stedman, Thomas, Olson, Wagoner, and Stevens, entitled: "An Act relating to missing vulnerable adult prompt response and notification plans." was read the first time and referred to the State Affairs and Judiciary Committees. COMMUNICATIONS The following were received: Alaska Bar Association 2011 Annual Report Alaska Rural Justice and Law Enforcement Commission Report to the United States Congress and the Alaska State Legislature January 2012 2012-04-05 House Journal Page 2205 REPORTS OF STANDING COMMITTEES HB 190 The Finance Committee considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190 "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190(FIN) (same title) The report was signed by Representatives Stoltze and Thomas, Co- chairs, with the following individual recommendations: Do pass (6): Fairclough, T. Wilson, Costello, Edgmon, Stoltze, Thomas No recommendation (4): Guttenberg, Joule, Neuman, Doogan The following fiscal note(s) apply to CSSSHB 190(FIN): 1. Zero, Dept. of Revenue SSHB 190 was referred to the Rules Committee for placement on the calendar. HB 255 The Finance Committee considered: HOUSE BILL NO. 255 "An Act prohibiting the driver of a motor vehicle from reading or typing a text message or other nonvoice message or communication on a cellular telephone, computer, or personal data assistant while driving a motor vehicle." 2012-04-05 House Journal Page 2206 and recommends it be replaced with: CS FOR HOUSE BILL NO. 255(JUD) "An Act relating to screen devices in motor vehicles; prohibiting the driver of a motor vehicle from reading or typing a text message or other nonvoice message or communication on a cellular telephone, computer, or personal data assistant while driving a motor vehicle; and providing for an effective date." The report was signed by Representatives Stoltze and Thomas, Co- chairs, with the following individual recommendations: Do pass (6): Fairclough, Gara, Doogan, Edgmon, Costello, Thomas No recommendation (2): T. Wilson, Stoltze The following fiscal note(s) apply to CSHB 255(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Corrections 3. Zero, Alaska Court System 6. Zero, House Finance Committee/Dept. of Administration 7. Zero, Dept. of Law HB 255 was referred to the Rules Committee for placement on the calendar. HB 369 The Education Committee considered: HOUSE BILL NO. 369 "An Act relating to student participation in sports." and recommends it be replaced with: CS FOR HOUSE BILL NO. 369(EDC) "An Act relating to student participation in interscholastic activities; and providing for an effective date." The report was signed by Representative Dick, Chair, with the following individual recommendations: 2012-04-05 House Journal Page 2207 Do pass (2): Feige, Dick No recommendation (2): P. Wilson, Pruitt Amend (3): Cissna, Seaton, Kawasaki The following fiscal note(s) apply to CSHB 369(EDC): 1. Zero, Dept. of Education & Early Development HB 369 was referred to the Rules Committee for placement on the calendar. SB 82 The Judiciary Committee considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82(JUD) "An Act relating to the procedures and jurisdiction of the Department of Health and Social Services for the care of children who are in state custody; relating to court jurisdiction and findings pertaining to children who are in state custody; and modifying the licensing requirements for foster care." and recommends it be replaced with: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 82(HSS) (same title) The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (7): Gruenberg, Keller, Thompson, Lynn, Holmes, Pruitt, Gatto The following fiscal note(s) apply to HCS CSSSSB 82(HSS): 2. Zero, Dept. of Health & Social Services: CSSSSB 82(JUD) was referred to the Rules Committee for placement on the calendar. 2012-04-05 House Journal Page 2208 SB 104 The Labor & Commerce Committee considered: CS FOR SENATE BILL NO. 104(JUD) "An Act relating to manufactured homes, including manufactured homes permanently affixed to land, to the conversion of manufactured homes to real property, to the severance of manufactured homes from real property, to the titling, conveyance, and encumbrance of manufactured homes, and to manufacturers' certificates of origin for vehicles; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (3): Thompson, Miller, Holmes No recommendation (3): Johnson, Saddler, Olson The following fiscal note(s) apply: 2. Zero, Dept. of Administration CSSB 104(JUD) was referred to the State Affairs Committee. Representative Austerman moved and asked unanimous consent that Representative Neuman be excused from a call of the House today. There being no objection, it was so ordered. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sergeant Chris Holland By Representatives Munoz, Keller, Kerttula; Senator Egan Honoring - Sharon Howerton-Clark By Representatives Seaton, Stoltze; Senator Stevens 2012-04-05 House Journal Page 2209 Honoring - Richard "Dick" Griffith By Representatives Saddler, Gara Honoring - Jonathan Walther, Winner, 2011 Siemens Award for Advanced Placement By Representatives Tuck, Holmes Honoring - Farthest North Girl Scouts Council, 2012 Women of Distinction By Representative Kawasaki; Senator Paskvan Honoring - The Farthest North Girl Scout Council and 100 Years of the Girl Scouts of the USA By Representatives Kawasaki, Miller Honoring - Fairbanks Memorial Hospital By Representative Kawasaki Honoring - Rick Clair and Lynda Giguere By Senators Meyer, Huggins Honoring - Agnes Sweetsir By Senator Kookesh; Representative Dick th Honoring - Loren and Darlene Stephens on Their 60 Wedding Anniversary By Senator Egan; Representatives Kerttula, Munoz Honoring - Nunaka Valley Little League Junior Softball Team, 2011 Alaska State and Western Regional Champions By Senator Wielechowski; Representative Petersen Honoring - Snow City Cafe By Senator French In Memoriam - Paul Ackerman By Representative Kawasaki In Memoriam - Gene Thomas Lorenson By Representative Austerman; Senator Stevens 2012-04-05 House Journal Page 2210 In Memoriam - James and Mary Garoutte By Representative Austerman; Senator Stevens In Memoriam - Raymond Kendall Fletcher By Representative Austerman; Senator Stevens In Memoriam - Melinda Layfield By Representative Tuck In Memoriam - Brett Arthur Redick By Representative Millett In Memoriam - Nora Billy By Senator Kookesh; Representative Dick In Memoriam - Ernest "Ernie" M. Chase By Senator Kookesh; Representative Dick CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 50 The following was read the second time: HOUSE BILL NO. 50 "An Act relating to the purchase of alcoholic beverages at a club and to access by certain persons under 21 years of age to a club's licensed premises when alcoholic beverages are present." with the: Journal Page L&C RPT 5DP 2NR 747 FN1: ZERO(H.L&C) 747 JUD RPT CS(JUD) 6DP 1950 FN2: ZERO(H.JUD/ALL DEPTS) 1951 Representative Austerman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2012-04-05 House Journal Page 2211 CS FOR HOUSE BILL NO. 50(JUD) (same title) There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that CSHB 50(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 50(JUD) was read the third time. The question being: "Shall CSHB 50(JUD) pass the House?" The roll was taken with the following result: CSHB 50(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Hawker, Neuman Absent: Millett And so, CSHB 50(JUD) passed the House. Representative Kerttula later gave notice of reconsideration of the vote on CSHB 50(JUD), and reconsideration was taken up then. HB 218 The following was read the second time: HOUSE BILL NO. 218 "An Act prohibiting an insurer from using a drug formulary system of specialty tiers under certain circumstances." 2012-04-05 House Journal Page 2212 with the: Journal Page HSS RPT 2DP 4NR 1895 FN1: ZERO(CED) 1896 L&C RPT CS(L&C) NT 3DP 4NR 2067 FN1: ZERO(CED) 2067 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. 218(L&C) "An Act prohibiting an insurer from using a drug formulary system of specialty tiers under certain circumstances; and providing for an effective date." There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that CSHB 218(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 218(L&C) was read the third time. The question being: "Shall CSHB 218(L&C) pass the House?" The roll was taken with the following result: CSHB 218(L&C) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Hawker, Neuman 2012-04-05 House Journal Page 2213 Absent: Gatto And so, CSHB 218(L&C) 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 218(L&C) was referred to the Chief Clerk for engrossment. Representative Austerman moved and asked unanimous consent that Representative Gatto be excused from a call of the House for the remainder of the day. There being no objection, it was so ordered. HB 258 The following was read the second time: HOUSE BILL NO. 258 "An Act directing the Department of Transportation and Public Facilities to develop and implement standards and operating procedures allowing for the use in the construction and maintenance of transportation projects and public facilities and in the construction of projects by public and private entities of gravel or aggregate materials that contain a limited amount of naturally occurring asbestos, and authorizing use on an interim basis of those materials for certain transportation projects and public facilities; relating to certain claims arising out of or in connection with the use of gravel or aggregate materials containing a limited amount of naturally occurring asbestos; and providing for an effective date." with the: Journal Page TRA RPT CS(TRA) NT 7DP 1771 FN1: ZERO(LWF) 1772 FN2: (DEC) 1772 FN3: (DHS) 1772 FIN RPT CS(FIN) NT 6DP 2NR 2AM 2086 FN1: ZERO(LWF) 2087 FN3: (DHS) 2087 2012-04-05 House Journal Page 2214 FN4: ZERO(LAW) 2087 FN5: ZERO(DNR) 2087 FN6: (DEC) 2087 FN7: (DOT) 2087 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. 258(FIN) "An Act directing the Department of Transportation and Public Facilities to develop and implement standards and operating procedures, to evaluate site-specific use plans, and to designate project areas concerning gravel or other aggregate material containing naturally occurring asbestos; authorizing use on an interim basis of gravel or other aggregate material containing naturally occurring asbestos for certain transportation projects and public facilities; providing immunity for the state and for landowners, extractors, suppliers, transporters, and contractors for certain actions or claims arising in connection with the use of gravel or aggregate material containing naturally occurring asbestos in certain areas; requiring contractors to report certain asbestos-related data to the Department of Transportation and Public Facilities; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Kerttula, Gara, and Kawasaki: Page 6, line 18: Delete "A" Insert "After at least two public hearings held by the municipality or community and for which notice to the public has been provided, a" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Joule objected. 2012-04-05 House Journal Page 2215 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 258(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 24 EXCUSED: 3 ABSENT: 0 Yeas: Cissna, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Petersen, Tuck, P.Wilson Nays: Austerman, Chenault, Costello, Dick, Doogan, Edgmon, Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Olson, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, T.Wilson Excused: Gatto, Hawker, Neuman And so, Amendment No. 1 was not adopted. Representative Austerman moved and asked unanimous consent that CSHB 258(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 258(FIN) was read the third time. The question being: "Shall CSHB 258(FIN) pass the House?" The roll was taken with the following result: CSHB 258(FIN) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Nays: Gara, Kerttula 2012-04-05 House Journal Page 2216 Excused: Gatto, Hawker, Neuman And so, CSHB 258(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 258(FIN) was referred to the Chief Clerk for engrossment. HB 310 The following was read the second time: 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." with the: Journal Page HSS RPT CS(HSS) 5DP 1NR 1733 FN1: (DHS) 1734 FIN RPT CS(FIN) 4DP 4NR 2AM 2178 FN2: (DHS) 2178 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. 310(FIN) (same title) There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that CSHB 310(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2012-04-05 House Journal Page 2217 CSHB 310(FIN) was read the third time. The question being: "Shall CSHB 310(FIN) pass the House?" The roll was taken with the following result: CSHB 310(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker, Neuman And so, CSHB 310(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 310(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 20 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 20 Relating to awarding the Alaska Decoration of Honor to certain members of the military. with the: Journal Page MLV RPT 5DP 2181 FN1: ZERO(S.STA) 2182 2012-04-05 House Journal Page 2218 The question being: "Shall SCR 20 pass the House?" The roll was taken with the following result: SCR 20 Second Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker, Neuman Absent: Edgmon, Kawasaki, Seaton And so, SCR 20 passed the House. Representative Kerttula later gave notice of reconsideration of the vote on SCR 20, and reconsideration was taken up then. 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 - Geran Tarr, 2012 Top Forty Under 40 By Representatives Cissna, Chenault, Costello, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Kerttula, Miller, Millett, Olson, Petersen, Seaton, Thomas, Thompson, Tuck; Senator Davis Honoring - Vernon Stickman By Representatives Dick, Chenault, Cissna, Costello, 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; Senator Kookesh 2012-04-05 House Journal Page 2219 Honoring - Al Wright By Representatives Dick, Chenault, Cissna, Costello, 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; Senator Kookesh Honoring - Returned Peace Corps Volunteers By Representatives Petersen, 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, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Marlene Johnson By Senator Kookesh; Representatives Thomas, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Clarence Lee Alexander By Senator Kookesh; 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 Honoring - William "Mick" H. Hawley, 44 Years of Service with the Department of Law By Senator French; Representatives Gruenberg, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson 2012-04-05 House Journal Page 2220 Honoring - Allen Thornhill for His Dedication to Spenard By Senator French; Representatives Doogan, Chenault, Cissna, Costello, Dick, 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 Honoring - Bob and Carrie Uhl, 2012 UA Meritorious Service Award By Senator Olson; Representatives Joule, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, 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 In Memoriam - Sheila Jo Spangler By Representatives Herron, Chenault, 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 In Memoriam - Kenny Wayne Jiles By Representatives Herron, Chenault, 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 In Memoriam - Jason P. Qalriaq Twitchell By Representatives Herron, Chenault, 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 2012-04-05 House Journal Page 2221 In Memoriam - William G. Pete, Jr. By Representatives Joule, Herron, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Hoffman In Memoriam - Clifford Lee Soots By Representatives Herron, Chenault, 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 In Memoriam - David Mik'ngayaq Alexie By Representatives Herron, Chenault, 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 In Memoriam - Stephen Emerson Wright By Representatives Kerttula, Munoz, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Miller, Millett, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Egan In Memoriam - Chuck and Charmaine Smith By Representatives Kerttula, Munoz, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Miller, Millett, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Egan 2012-04-05 House Journal Page 2222 In Memoriam - Margaret "Maggie" Dolchok By Senator Wagoner; Representatives Olson, 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, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Agnes "Gwen" Derkevorkian By Senator Wagoner; Representatives Olson, 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, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Anita Eleanor Lafferty By Senators Kookesh, Egan; Representatives Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Joseph Uyaquq Lomack By Senator Hoffman; Representatives Herron, Chenault, 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 In Memoriam - Doris Alberta Walker-Porter By Senator Wagoner; 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 2012-04-05 House Journal Page 2223 In Memoriam - Donna Mae Katelnikoff-Yovino By Senator Stevens; Representatives Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson RECONSIDERATION HB 50 Representative Kerttula gave notice of reconsideration of the vote on CSHB 50(JUD) (page 2211). Representative Kerttula moved and asked unanimous consent that reconsideration of CSHB 50(JUD) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 50(JUD) "An Act relating to the purchase of alcoholic beverages at a club and to access by certain persons under 21 years of age to a club's licensed premises when alcoholic beverages are present." The question to be reconsidered: "Shall CSHB 50(JUD) pass the House?" The roll was taken with the following result: CSHB 50(JUD) Third Reading Final Passage Reconsideration YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker, Neuman 2012-04-05 House Journal Page 2224 Absent: Edgmon, Feige, Seaton And so, CSHB 50(JUD) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SCR 20 Representative Kerttula gave notice of reconsideration of the vote on SCR 20 (page 2218). Representative Kerttula moved and asked unanimous consent that reconsideration of SCR 20 be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in second reading: SENATE CONCURRENT RESOLUTION NO. 20 Relating to awarding the Alaska Decoration of Honor to certain members of the military. The question to be reconsidered: "Shall SCR 20 pass the House?" The roll was taken with the following result: SCR 20 Second Reading Final Passage Reconsideration YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker, Neuman Absent: Edgmon, Seaton And so, SCR 20 passed the House on reconsideration, was signed by the Speaker and Chief Clerk, and returned to the Senate. 2012-04-05 House Journal Page 2225 UNFINISHED BUSINESS HB 369 The Speaker added a Labor & Commerce Committee referral for the following: HOUSE BILL NO. 369 "An Act relating to student participation in sports." HB 369 was removed from the Rules Committee and referred to the Labor & Commerce Committee. CONCUR IN SENATE AMENDMENTS HB 284 Representative Austerman moved and asked unanimous consent that the House consider the Senate message (page 2202) on the following: CS FOR HOUSE BILL NO. 284(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, amending appropriations, and making reappropriations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) am S (same title) There being no objection, it was so ordered. Representative Austerman moved that the House concur in the Senate amendment to CSHB 284(FIN), thus adopting SCS CSHB 284(FIN) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 284(FIN)?" The roll was taken with the following result: 2012-04-05 House Journal Page 2226 SCS CSHB 284(FIN) am S Concur YEAS: 0 NAYS: 37 EXCUSED: 3 ABSENT: 0 Nays: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker, Neuman And so, the House failed to concur in the Senate amendment. The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Thomas, Chair Representative Stoltze Representative Gara HB 285 Representative Austerman moved and asked unanimous consent that the House consider the Senate message (page 2202) on the following: CS FOR HOUSE BILL NO. 285(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 285(FIN) (same title) 2012-04-05 House Journal Page 2227 There being no objection, it was so ordered. Representative Austerman moved that the House concur in the Senate amendment to CSHB 285(FIN), thus adopting SCS CSHB 285(FIN), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 285(FIN)?" The roll was taken with the following result: SCS CSHB 285(FIN) Concur YEAS: 0 NAYS: 37 EXCUSED: 3 ABSENT: 0 Nays: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker, Neuman And so, the House failed to concur in the Senate amendment. The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Thomas, Chair Representative Stoltze Representative Gara 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: 2012-04-05 House Journal Page 2228 Representative Feige - from 6:00 p.m., April 6 to 10:00 p.m., April 8 Representative Millett - from 7:00 a.m., April 7 to 9:00 p.m., April 8 Representative Johansen - from 4:00 a.m., April 7 to 2:45 a.m., April 8 HB 50 Representatives Kawasaki, Gara, Lynn, and Johnson added their names as cosponsors to: CS FOR HOUSE BILL NO. 50(JUD) "An Act relating to the purchase of alcoholic beverages at a club and to access by certain persons under 21 years of age to a club's licensed premises when alcoholic beverages are present." HB 79 Representative Feige added his name as cosponsor to: HOUSE BILL NO. 79 "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." HB 258 Representatives Johnson and Pruitt added their names as cosponsors to: CS FOR HOUSE BILL NO. 258(FIN) "An Act directing the Department of Transportation and Public Facilities to develop and implement standards and operating procedures, to evaluate site-specific use plans, and to designate project areas concerning gravel or other aggregate material containing naturally occurring asbestos; authorizing use on an interim basis of gravel or other aggregate material containing naturally occurring asbestos for certain transportation projects and public facilities; providing immunity for the state and for landowners, extractors, suppliers, transporters, and contractors for certain actions or claims arising in connection with the use of 2012-04-05 House Journal Page 2229 gravel or aggregate material containing naturally occurring asbestos in certain areas; requiring contractors to report certain asbestos-related data to the Department of Transportation and Public Facilities; and providing for an effective date." HB 310 Representatives Gardner, Millett, and Pruitt added their names as cosponsors to: CS FOR HOUSE BILL NO. 310(FIN) "An Act temporarily reinstating the child and adult immunization program in the Department of Health and Social Services; and providing for an effective date." SCR 20 Representatives Tuck, Kawasaki, Munoz, Johnson, Holmes, Millett, Kerttula, Gardner, Fairclough, Costello, Thomas, Guttenberg, T. Wilson, Pruitt, and Seaton added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 20 Relating to awarding the Alaska Decoration of Honor to certain members of the military. SJR 16 Representative Miller added his name as cross sponsor to: SENATE JOINT RESOLUTION NO. 16 Urging the United States Congress to approve legislation allowing members of the military to receive promised retirement benefits. SB 27 Representatives Kawasaki and Holmes added their names as cross sponsors to: CS FOR SENATE BILL NO. 27(HSS) "An Act relating to flame retardants and to the manufacture, sale, and distribution of products containing flame retardants; relating to a multistate chemicals clearinghouse; and providing for an effective date." 2012-04-05 House Journal Page 2230 SB 82 Representative Gara added his name as cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82(JUD) "An Act relating to the procedures and jurisdiction of the Department of Health and Social Services for the care of children who are in state custody; relating to court jurisdiction and findings pertaining to children who are in state custody; and modifying the licensing requirements for foster care." SB 98 Representative Gara added his name as cross sponsor to: CS FOR SENATE BILL NO. 98(JUD) "An Act relating to biometric information." SB 130 Representatives Edgmon, Kerttula, Cissna, Kawasaki, Foster, Herron, and Dick added their names as cross sponsors to: CS FOR SENATE BILL NO. 130(STA) "An Act establishing the Alaska Native Language Preservation and Advisory Council and relating to the preservation, restoration, and revitalization of Alaska Native languages." ENGROSSMENT HB 50 CSHB 50(JUD) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 218 CSHB 218(L&C) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 258 CSHB 258(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2012-04-05 House Journal Page 2231 HB 310 CSHB 310(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: House Special Committee on Military & Veterans' Affairs CHANGED TO: 1:45 p.m. ADJOURNMENT Representative Austerman moved and asked unanimous consent that the House adjourn until 10:30 a.m., April 6, 2012. There being no objection, the House adjourned at 1:03 p.m. Suzi Lowell Chief Clerk