Legislature(2011 - 2012)

2012-04-19 House Journal

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2012-04-19                     House Journal                      Page 2595
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                        TWENTY-SEVENTH LEGISLATURE                                                                           
                                                                                                                                
                           THIRD SPECIAL SESSION                                                                             
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Thursday                  April 19, 2012                                                     
                                                                                                                                
                                Second Day                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:10 a.m.                                                                                                          
                                                                                                                                
Roll call showed 33 members present.  Representatives Costello,                                                                 
Edgmon, Feige, Guttenberg, Olson, and Thomas had been excused                                                                   
from a call of the House today.  There was one vacancy.                                                                         
                                                                                                                                
The invocation was offered by the Chaplain, Rabbi Dov Gartenberg of                                                             
Congregation Sukkat Shalom.  Representative P. Wilson moved and                                                                 
asked unanimous consent that the invocation be spread on the journal.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
         Today is Holocaust Remembrance Day.  I would like to read                                                             
     two passages:                                                                                                              
                                                                                                                                
     In the presence of eyes                                                                                                    
     which witnessed the slaughter,                                                                                             
     which saw the oppression                                                                                                   
     the heart could not bear,                                                                                                  
     and as witness the heart                                                                                                   
     that once taught compassion                                                                                                
     until the days came to pass                                                                                                
     that crushed human feeling,                                                                                                
     I have taken an oath:  To remember it all,                                                                                 
     to remember - not once to forget!                                                                                          
     Forget not one thing to the last generation                                                                                

2012-04-19                     House Journal                      Page 2596
     when degradation shall cease,                                                                                              
     to the last, to its ending,                                                                                                
     when the rod of instruction                                                                                                
     shall have come to conclusion.                                                                                             
     An oath:  Not in vain passed over the night of terror.                                                                     
     An oath:  No morning shall see me at flesh-pots again.                                                                     
     An oath:  Lest from this we learned nothing.                                                                               
                                                      --Abraham Shlonsky                                                        
                                                                                                                                
     Fully Compassionate God on high:                                                                                           
                                                                                                                                
     To our six million brothers and sisters murdered because they                                                              
     were Jews, grant clear and certain rest with You in the lofty                                                              
     heights of the sacred and pure whose brightness shines like                                                                
     the very glow of heaven.                                                                                                   
                                                                                                                                
          Source of mercy:  Forever enfold them in the embrace of                                                              
     Your wings; secure their souls in eternity.                                                                                
                                                                                                                                
     Adonai:  they are Yours.  They will rest in peace.  Amen.                                                                  
                                                                                                                                
The Pledge of Allegiance was led by Representative Gruenberg.                                                                   
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the journal for the first legislative day of the third special session be                                                       
approved as certified by the Chief Clerk.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
The Speaker stated that the House would stand at ease; and so, the                                                              
House stood at ease at 11:16 a.m.                                                                                               
                                                                                                                                
**Representative Austerman, who was excused (page 2590), left the                                                               
Chamber.                                                                                                                        
                                                                                                                                
                               AFTER AT EASE                                                                                 
                                                                                                                                
The Speaker called the House back to order at 11:57 a.m.                                                                        
                                                                                                                                

2012-04-19                     House Journal                      Page 2597
The Speaker stated that, without objection, the House would revert to:                                                          
                                                                                                                                
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HB 359                                                                                                                        
A message dated April 19, 2012, was read stating the Senate passed                                                              
CSHB 359(FIN) am with the following amendment, and it is                                                                        
transmitted for consideration:                                                                                                  
                                                                                                                                
     CS FOR HOUSE BILL NO. 359(FIN) am S                                                                                        
     "An Act relating to conspiracy to commit human trafficking in the                                                          
     first degree or sex trafficking in the first degree; relating to the                                                       
     crime of distribution of indecent material to minors, the crime of                                                         
     online enticement of a minor, the crime of prostitution, and the                                                           
     crime of sex trafficking; relating to forfeiture of property used in                                                       
     prostitution offenses; relating to testimony by video conference;                                                          
     adding Rule 38.3, Alaska Rules of Criminal Procedure; and                                                                  
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
                        CONCUR IN SENATE AMENDMENTS                                                                          
                                                                                                                                
HB 359                                                                                                                        
Representative P. Wilson, Acting Majority Leader, moved and asked                                                               
unanimous consent that the House consider the Senate message.                                                                   
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative P. Wilson moved that the House concur in the Senate                                                              
amendment to CSHB 359(FIN) am, thus adopting CSHB 359(FIN)                                                                      
am S, and recommended that the members vote yes.                                                                                
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to CSHB 359(FIN) am?"  The roll was taken with the                                                                    
following result:                                                                                                               
                                                                                                                                
CSHB 359(FIN) am S                                                                                                              
Concur                                                                                                                          
                                                                                                                                
YEAS:  31   NAYS:  0   EXCUSED:  7   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                

2012-04-19                     House Journal                      Page 2598
Yeas:  Chenault, Cissna, Doogan, Fairclough, Foster, Gara, Gardner,                                                             
Gruenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                    
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson,                                                           
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Austerman, Costello, Edgmon, Feige, Guttenberg, Olson,                                                                
Thomas                                                                                                                          
                                                                                                                                
Absent:  Dick                                                                                                                   
                                                                                                                                
And so, the House concurred in the Senate amendment.                                                                            
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the roll call on the passage of the bill be considered the roll call on the                                                     
court rule change.  There being no objection, it was so ordered.                                                                
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the roll call on the passage of the bill be considered the roll call on the                                                     
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
CSHB 359(FIN) am S was referred to the Chief Clerk for enrollment.                                                              
                                                                                                                                
                                                                                                                                
                            UNFINISHED BUSINESS                                                                              
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the following members be excused from a call of the House.  There                                                               
being no objection, the members were excused as noted:                                                                          
                                                                                                                                
Representative Joule - from 6:00 a.m., April 25 to 10:00 p.m.,                                                                  
April 27                                                                                                                        
                                                                                                                                
Representative Johnson - from 5:00 p.m., April 19 to 10:00 a.m.,                                                                
April 25 (amended from page 2589)                                                                                               
                                                                                                                                
Representative Millett - from 11:45 a.m., April 23 to 10:00 p.m.,                                                               
April 25; and from 6:45 p.m., April 26 to 7:15 p.m., April 29                                                                   
                                                                                                                                
Representative Tuck - from 11:45 a.m., April 20 to 9:45 a.m., April 28                                                          
                                                                                                                                

2012-04-19                     House Journal                      Page 2599
Representative P. Wilson - from 6:00 a.m., May 3 to 1:30 p.m., May 7                                                            
(amended from page 2451)                                                                                                        
                                                                                                                                
                                                                                                                                
                                ENROLLMENT                                                                                   
                                                                                                                                
HB 258                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 10:03 a.m.,                                                            
April 19, 2012, with a Legislative letter of intent (Senate Journal page                                                        
2230):                                                                                                                          
                                                                                                                                
     SENATE CS FOR 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."                                                                   
                                                                                                                                
The following memorandum dated April 18, 2012, was received from                                                                
Patty Rose, Enrolling Secretary, Division of Legal and Research                                                                 
Services.                                                                                                                       
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest errors in SCS                                                                
CSHB 258(FIN), which have been corrected in enrolling:                                                                          
                                                                                                                                
Page 2, line 21:                                                                                                                
     Delete "AS 44.42.410(a) and (d)"                                                                                           
     Insert "AS 44.42.410(a) and (e)"                                                                                           
                                                                                                                                

2012-04-19                     House Journal                      Page 2600
Page 3, line 4:                                                                                                                 
     Delete "AS 44.42.400(a) or (b)"                                                                                            
     Insert "AS 44.42.400(b) or (c)"                                                                                            
                                                                                                                                
Page 7, line 6, following "or":                                                                                                 
     Insert "other"                                                                                                             
                                                                                                                                
Page 8, line 14, following "containing":                                                                                        
     Insert "naturally occurring"                                                                                               
                                                                                                                                
Page 8, line 21, following "specific":                                                                                          
     Insert "use"                                                                                                               
                                                                                                                                
Page 9, line 13, following "or":                                                                                                
     Insert "other"                                                                                                             
                                                                                                                                
Page 10, line 20, following "in":                                                                                               
     Insert "the"                                                                                                               
                                                                                                                                
Page 10, line 31, through page 11, line 1:                                                                                      
     Delete "AS 44.42.400(a) and (b)"                                                                                           
     Insert "AS 44.42.400(b) and (c)"                                                                                           
                                                                                                                                
Page 11, line 21:                                                                                                               
     Delete "AS 44.42.400(a) and (b)"                                                                                           
     Insert "AS 44.42.400(b) and (c)""                                                                                          
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the House adjourn until 11:00 a.m., April 23, 2012.  There being no                                                             
objection, the House adjourned at 12:15 p.m.                                                                                    
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk