Legislature(2013 - 2014)

2013-02-11 House Journal

Full Journal pdf

2013-02-11                     House Journal                      Page 0247
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-EIGHTH LEGISLATURE - FIRST SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday             February 11, 2013                                                         
                                                                                                                                
                           Twenty-eighth Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:05 a.m.                                                                                                          
                                                                                                                                
Roll call showed 35 members present.  Representatives Costello,                                                                 
Guttenberg, Kerttula, and Nageak had been excused from a call of the                                                            
House today.  Representative Kawasaki was absent and his presence                                                               
was noted later.                                                                                                                
                                                                                                                                
                                                                                                                                
The invocation was offered by the Chaplain, Father Pat Travers, Pastor                                                          
of St. Paul the Apostle Catholic Church.  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 to a time of prayer and reflection.  Let us pray.                                                              
                                                                                                                                
    Almighty God, as our elected representatives gather this                                                                    
    morning to consider the laws that should govern our State of                                                                
    Alaska, we ask that you grant them the wisdom and strength                                                                  
    to carry out their great responsibilities.  Help our lawmakers                                                              
    to follow the example of you, the supreme lawmaker, in                                                                      
    enacting laws that are just and that foster the common good of                                                              
    all Alaskans.  Grant each of them the patience, good will, and                                                              
    generosity that are so necessary in the lawmaking process.                                                                  
    Bless also their family members and loved ones who so                                                                       
    generously share in their service to our people.                                                                            
                                                                                                                                

2013-02-11                     House Journal                      Page 0248
    We ask your blessings upon all the government leaders of our                                                                
    state and nation and of our local communities.  Help them to                                                                
    exercise their authority in a spirit of service to those they have                                                          
    been chosen to govern.  Bless also all of the men and women                                                                 
    in our armed forces, all police officers, firefighters, and other                                                           
    first responders, especially those who find themselves in                                                                   
    harm's way today.  May they and their families always enjoy                                                                 
    your strength and protection.                                                                                               
                                                                                                                                
    We ask your blessings also on all the people of our state.                                                                  
    Grant us happiness and prosperity, and inspire us to use the                                                                
    many gifts you have given us to build a better society and a                                                                
    better world.  May we work always for peace and justice here                                                                
    in our great land and throughout the world, especially for                                                                  
    those peoples who have experienced war, violence, terror, and                                                               
    natural disasters.  We remember in a special way the people                                                                 
    of Kake as they mourn the death of Mackenzie Howard.  May                                                                   
    our solidarity with them affirm our common humanity in a                                                                    
    world in which we depend so much on one another.  We make                                                                   
    this prayer in your holy name.  Amen.                                                                                       
                                                                                                                                
The Pledge of Allegiance was led by Representative Neuman.                                                                      
                                                                                                                                
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
                    ththth                                                                                                      
journal for the 25, 26, and 27 legislative days be approved as                                                                  
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
                                                                                                                                
Representative Munoz introduced Ian Warner, Guest Page, from La                                                                 
Serena, Chile.                                                                                                                  
                                                                                                                                
Representative Gara introduced Ben Rouzan, Guest Page, from                                                                     
Anchorage.                                                                                                                      
                                                                                                                                

2013-02-11                     House Journal                      Page 0249
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
The Labor & Commerce Committee reviewed the qualifications of the                                                               
following and recommends the appointment be forwarded to a joint                                                                
session for consideration:                                                                                                      
                                                                                                                                
                             Dianne Blumer                                                                                     
                                                                                                                                
as Commissioner of the Dept. of Labor & Workforce Development.                                                                  
                                                                                                                                
The report was signed by Representative Olson, Chair; and                                                                       
Representatives Reinbold, Saddler, Millett, and Josephson.                                                                      
                                                                                                                                
HJR 4                                                                                                                         
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 4                                                                                                
    Urging the President of the United States to rescind 23 executive                                                           
    orders related to regulation of firearms; and urging the United                                                             
    States Congress to refrain from passing legislation that restricts                                                          
    the right of individuals to keep and bear arms.                                                                             
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE JOINT RESOLUTION NO. 4(JUD)                                                                                    
    Urging the President of the United States to rescind 23 executive                                                           
    orders, executive actions, and executive recommendations, related                                                           
    to regulation of firearms; and urging the United States Congress to                                                         
    refrain from passing legislation that restricts the right of                                                                
    individuals to keep and bear arms.                                                                                          
                                                                                                                                
The report was signed by Representative Keller, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Millett, Pruitt, Lynn, Foster, LeDoux, Keller                                                                     
                                                                                                                                
No recommendation (1):  Gruenberg                                                                                               
                                                                                                                                
The following fiscal note(s) apply to CSHJR 4(JUD):                                                                             
                                                                                                                                

2013-02-11                     House Journal                      Page 0250
1.  Zero, House Judiciary Committee                                                                                             
                                                                                                                                
HJR 4 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
HB 24                                                                                                                         
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 24                                                                                                           
    "An Act relating to self-defense in any place where a person has a                                                          
    right to be."                                                                                                               
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 24(JUD)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Keller, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Millett, Gruenberg, Pruitt, Lynn, Foster, LeDoux, Keller                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 24(JUD):                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Administration                                                                                               
3.  Zero, Dept. of Law                                                                                                          
4.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
HB 24 was referred to the Finance Committee.                                                                                    
                                                                                                                                
**The presence of Representative Kawasaki was noted.                                                                            
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
In Memoriam - Dorothy Rose Chapman                                                                                              
By Senator Stevens; Representative Austerman                                                                                    
                                                                                                                                

2013-02-11                     House Journal                      Page 0251
In Memoriam - John Roy Winther, Jr.                                                                                             
By Senator Stedman; Representative P. Wilson                                                                                    
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 108                                                                                                                        
HOUSE BILL NO. 108 by Representative P. WILSON, entitled:                                                                       
                                                                                                                                
    "An Act relating to electronic citations; creating the electronic                                                           
    citation fund; and providing for an effective date."                                                                        
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 109                                                                                                                        
HOUSE BILL NO. 109 by Representative SEATON, entitled:                                                                          
                                                                                                                                
    "An Act naming bridge number 670, over the Kasilof River on the                                                             
    Sterling Highway, the Michael G. Wiley Bridge."                                                                             
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
HB 110                                                                                                                        
HOUSE BILL NO. 110 by Representatives SEATON and Gara,                                                                          
entitled:                                                                                                                       
                                                                                                                                
    "An Act prohibiting the use of barbed hooks in certain freshwater                                                           
    areas."                                                                                                                     
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Fisheries and the Resources Committee.                                                                                          
                                                                                                                                
HB 111                                                                                                                        
HOUSE BILL NO. 111 by Representatives KERTTULA, Gara, Tuck,                                                                     
Kawasaki, and Tarr, entitled:                                                                                                   
                                                                                                                                
    "An Act relating to the oil and gas production tax; relating to oil                                                         
    and gas production tax credits; amending the minimum tax on oil                                                             

2013-02-11                     House Journal                      Page 0252
    and gas production; relating to the determination of the production                                                         
    tax value of oil and gas; relating to the financing of oil processing                                                       
    facilities on the North Slope by the Alaska Industrial                                                                      
    Development and Export Authority; and providing for an effective                                                            
    date."                                                                                                                      
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 112                                                                                                                        
HOUSE BILL NO. 112 by Representative STOLTZE, entitled:                                                                         
                                                                                                                                
    "An Act repealing the film production tax credit; providing for an                                                          
    effective date by repealing the effective dates of secs. 31 - 33, ch.                                                       
    51, SLA 2012; and providing for an effective date."                                                                         
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 15                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 15                                                                                                           
      "An Act relating to commercial motor vehicle requirements."                                                              
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 TRA RPT 5DP                                                         228                                                        
 FN1: ZERO(ADM)                                                      228                                                        
 FN2: ZERO(DOT)                                                      228                                                        
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that HB 15                                                              
be considered engrossed, advanced to third reading, and placed on                                                               
final passage.  There being no objection, it was so ordered.                                                                    
                                                                                                                                
HB 15 was read the third time.                                                                                                  

2013-02-11                     House Journal                      Page 0253
The question being:  "Shall HB 15 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HB 15                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Drummond, Edgmon, Feige, Foster,                                                                    
Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes,                                                               
Isaacson, Johnson, Josephson, Kawasaki, Keller, Kreiss-Tomkins,                                                                 
LeDoux, Lynn, Millett, Munoz, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson                                                              
                                                                                                                                
Excused:  Costello, Guttenberg, Kerttula, Nageak                                                                                
                                                                                                                                
And so, HB 15 passed the House and was referred to the Chief Clerk                                                              
for engrossment.                                                                                                                
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Pruitt 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 - Dr. Steve Atwater, 2013 Alaska Superintendent of the                                                                 
Year                                                                                                                            
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
Honoring - Dr. Pete and Karolee Hansen                                                                                          
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson; Senator Micciche                                                                          
                                                                                                                                

2013-02-11                     House Journal                      Page 0254
Honoring - Soldotna Chamber of Commerce, 2012 Community                                                                         
Service Awards                                                                                                                  
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Leonard "Bud" Keener                                                                                              
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Barry Eldridge                                                                                                    
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Penelope Gale Malmquist                                                                                           
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Deborah Coghill                                                                                                   
By Representatives Olson, Chenault, Costello, Drummond, Edgmon,                                                                 
Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                             
Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki,                                                                
Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                 
Nageak, Neuman, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                

2013-02-11                     House Journal                      Page 0255
In Memoriam - James Daniel Ducey                                                                                                
By Senator Huggins; Representatives Neuman, Stoltze, Chenault,                                                                  
Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson,                                                                  
Johnson, Josephson, Kawasaki, Keller, Kerttula, Kreiss-Tomkins,                                                                 
LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Tarr, Thompson, Tuck, P. Wilson, T. Wilson                                                                     
                                                                                                                                
                                                                                                                                
In Memoriam - William Edward Burton                                                                                             
By Senator Stevens; Representatives Austerman, Chenault, Costello,                                                              
Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg,                                                                       
Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson,                                                                  
Johnson, Josephson, Kawasaki, Keller, Kerttula, Kreiss-Tomkins,                                                                 
LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt,                                                                    
Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson,                                                            
T. Wilson                                                                                                                       
                                                                                                                                
                                                                                                                                
                          SENSE OF THE HOUSE                                                                                 
                                                                                                                                
The Sense of the House, which was postponed from February 8, 2013                                                               
(page 236), was before the House with a pending motion to adopt.                                                                
                                                                                                                                
Representative Stoltze restated the motion to adopt the Sense of the                                                            
House.  There being no objection, the Sense of the House was                                                                    
adopted.                                                                                                                        
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Pruitt 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 Chenault - from 7:00 p.m., February 28 to 10:00 p.m.,                                                            
March 3                                                                                                                         
                                                                                                                                
Representative Costello - from 5:30 p.m., February 22 to 8:00 a.m.,                                                             
February 25                                                                                                                     
                                                                                                                                

2013-02-11                     House Journal                      Page 0256
Representative Feige - from:                                                                                                    
    6:00 p.m., February 22 to 10:00 a.m., February 25;                                                                          
    6:00 a.m., March 5 to 9:30 p.m., March 10; and                                                                              
    6:00 p.m., March 15 to 10:00 a.m., March 18                                                                                 
                                                                                                                                
Representative Herron - from 5:00 p.m., February 20 to 9:00 p.m.,                                                               
February 23; and from 2:00 p.m., March 5 to 11:20 p.m., March 9                                                                 
                                                                                                                                
Representative Millett - from 6:00 p.m., February 22 to 10:30 a.m.,                                                             
February 25                                                                                                                     
                                                                                                                                
Representative Olson - from 8:00 p.m., February 26 to 9:30 a.m.,                                                                
March 1                                                                                                                         
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HJR 5                                                                                                                         
Representative P. Wilson added her name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 5                                                                                                
    Opposing the United States Food and Drug Administration's                                                                   
    preliminary finding relating to genetically engineered salmon;                                                              
    urging further examination of genetically engineered salmon;                                                                
    opposing AquaBounty's petition to produce genetically engineered                                                            
    salmon; and proposing, if AquaBounty's petition is approved, that                                                           
    its product should be labeled as "genetically modified."                                                                    
                                                                                                                                
                                                                                                                                
HB 15                                                                                                                         
Representatives Olson, LeDoux, Josephson, Johnson, and Gattis added                                                             
their names as cosponsors to:                                                                                                   
                                                                                                                                
    HOUSE BILL NO. 15                                                                                                           
      "An Act relating to commercial motor vehicle requirements."                                                              
                                                                                                                                
HB 40                                                                                                                         
On February 8, 2013, Representative Tuck added his name as                                                                      
cosponsor to:                                                                                                                   
                                                                                                                                

2013-02-11                     House Journal                      Page 0257
    CS FOR HOUSE BILL NO. 40(CRA)                                                                                               
    "An Act establishing a municipal tax exemption for certain farm                                                             
    structures."                                                                                                                
                                                                                                                                
HB 46                                                                                                                         
Representative Keller added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 46                                                                                                           
    "An Act relating to regulations adopted by the Department of                                                                
    Administration waiving the commercial motor vehicle driving                                                                 
    skills test for certain drivers with military commercial motor                                                              
    vehicle experience."                                                                                                        
                                                                                                                                
HB 103                                                                                                                        
Representative Kreiss-Tomkins added his name as cosponsor to:                                                                   
                                                                                                                                
    HOUSE BILL NO. 103                                                                                                          
    "An Act setting special registration fees for alternative fuel                                                              
    vehicles; and providing for an effective date."                                                                             
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 15                                                                                                                         
HB 15 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 Pruitt moved and asked unanimous consent that the                                                                
House adjourn until 10:30 a.m., February 13, 2013.  There being no                                                              
objection, the House adjourned at 11:50 a.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk