Legislature(2013 - 2014)

2013-02-18 House Journal

Full Journal pdf

2013-02-18                     House Journal                      Page 0307
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-EIGHTH LEGISLATURE - FIRST SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Monday              February 18, 2013                                                         
                                                                                                                                
                           Thirty-fifth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:04 a.m.                                                                                                          
                                                                                                                                
Roll call showed 38 members present.  Representatives Drummond                                                                  
and Reinbold had been excused from a call of the House today.                                                                   
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Dr. Phil                                                               
Campbell of Northern Light United 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.                                                                      
                                                                                                                                
    Gracious Creator of All That Is,                                                                                            
                                                                                                                                
    On this President's Day and two days after Elizabeth                                                                        
    Peratrovich Day, I give thanks for the voices that guide us.  I                                                             
    am grateful for the voices of those elected to lead.  I am also                                                             
    thankful for voices of citizens-those who with courage speak                                                                
    truth to power.                                                                                                             
                                                                                                                                
    May this chamber be filled with voices-voices that speak                                                                    
    with truth, compassion, and insight.  Bestow also on this                                                                   
    chamber the capacity to listen to the end that all voices are                                                               
    heard and all perspectives considered.  May the speaking and                                                                
    listening done today show forth hope and produce justice,                                                                   
    show forth respect and produce love for this great state and all                                                            
    who dwell herein.  Amen.                                                                                                    
                                                                                                                                
The Pledge of Allegiance was led by Representative Lynn.                                                                        
                                                                                                                                

2013-02-18                     House Journal                      Page 0308
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
                   ndrdth                                                                                                       
journal for the 32, 33, and 34 legislative days be approved as                                                                  
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                            COMMUNICATIONS                                                                                   
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Education & Early Development                                                                                          
Annual Report                                                                                                                   
February 15, 2013                                                                                                               
(as required by AS 14.03.078)                                                                                                   
                                                                                                                                
Dept. of Law                                                                                                                    
Task Force on the Crimes of Human Trafficking, Promoting                                                                        
Prostitution, and Sex Trafficking                                                                                               
Final Report and Recommendations                                                                                                
February 15, 2013                                                                                                               
(as required by Chapter No. 70, SLA 2012)                                                                                       
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Delta Elementary School, 2012 National Title I                                                                       
Distinguished School                                                                                                            
By Representative Feige; Senator Bishop                                                                                         
                                                                                                                                
In Memoriam - Hazel Rosendahl                                                                                                   
By Representatives Isaacson, T. Wilson                                                                                          
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 8                                                                                                                          
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 8 by                                                                                      
Representatives T. WILSON and NEUMAN, entitled:                                                                                 
                                                                                                                                

2013-02-18                     House Journal                      Page 0309
    "An Act requiring legislative approval for the Department of                                                                
    Natural Resources to implement a hunting guide concession                                                                   
    program or otherwise limit the number of individuals authorized                                                             
    to conduct big game commercial guiding on state land."                                                                      
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 125                                                                                                                        
HOUSE BILL NO. 125 by Representatives HOLMES and Kerttula,                                                                      
entitled:                                                                                                                       
                                                                                                                                
    "An Act prohibiting a health care insurer from denying coverage                                                             
    for an additional limited quantity of prescription topical eye                                                              
    medication under certain circumstances."                                                                                    
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
HB 126                                                                                                                        
HOUSE BILL NO. 126 by Representatives KERTTULA and Tuck,                                                                        
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to new defined benefit tiers in the public                                                                 
    employees' retirement system and the teachers' retirement system;                                                           
    providing certain employees an opportunity to choose between the                                                            
    defined benefit and defined contribution plans of the public                                                                
    employees' retirement system and the teachers' retirement system;                                                           
    and providing for an effective date."                                                                                       
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 127                                                                                                                        
HOUSE BILL NO. 127 by the House Rules Committee by request,                                                                     
entitled:                                                                                                                       
                                                                                                                                
    "An Act clarifying that the Alaska Bar Association is an agency                                                             
    for purposes of investigations by the ombudsman; relating to                                                                
    compensation of the ombudsman and to employment of staff by                                                                 

2013-02-18                     House Journal                      Page 0310
    the ombudsman under personal service contracts; providing that                                                              
    certain records of communications between the ombudsman and                                                                 
    an agency are not public records; relating to disclosure by an                                                              
    agency to the ombudsman of communications subject to attorney-                                                              
    client and attorney work-product privileges; relating to informal                                                           
    and formal reports of opinions and recommendations issued by the                                                            
    ombudsman; relating to the privilege of the ombudsman not to                                                                
    testify and creating a privilege under which the ombudsman is not                                                           
    required to disclose certain documents; relating to procedures for                                                          
    procurement by the ombudsman; relating to the definition of                                                                 
    'agency' for purposes of the Ombudsman Act and providing                                                                    
    jurisdiction of the ombudsman over persons providing certain                                                                
    services to the state by contract; and amending Rules 501 and 503,                                                          
    Alaska Rules of Evidence."                                                                                                  
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
HB 128                                                                                                                        
HOUSE BILL NO. 128 by Representatives KAWASAKI, Kerttula,                                                                       
and Tuck, entitled:                                                                                                             
                                                                                                                                
    "An Act relating to prekindergarten programs within a school                                                                
    district; relating to pre-elementary students and pre-elementary                                                            
    schools; providing for the establishment of a statewide early                                                               
    childhood education plan; and providing for an effective date."                                                            
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 30                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 30                                                                                                           
    "An Act relating to performance reviews, audits, and termination                                                            
    of executive and legislative branch agencies, the University of                                                             

2013-02-18                     House Journal                      Page 0311
    Alaska, and the Alaska Court System; and providing for an                                                                   
    effective date."                                                                                                            
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 FIN RPT CS(FIN) 8DP 2AM                                            265                                                         
 FN1: ZERO(GOV)                                                     266                                                         
 FN2: ZERO(LEG)                                                     266                                                         
 FN3: (LEG)                                                         266                                                         
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 30(FIN)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered by Representative Josephson:                                                                        
                                                                                                                                
Page 5, line 21, following "least important":                                                                                   
    Insert ";                                                                                                                   
             (5)  the review team shall not under (2) of this subsection                                                        
    consider or report on reductions or eliminations to the formula                                                             
    constituting the base student allocation"                                                                                   
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Costello objected.                                                                                               
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 30(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  7   NAYS:  31   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2013-02-18                     House Journal                      Page 0312
Yeas:  Gara, Gruenberg, Josephson, Kawasaki, Kerttula, Tarr, Tuck                                                               
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson,                                                                  
Johnson, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                  
Nageak, Neuman, Olson, Pruitt, Saddler, Seaton, Stoltze, Thompson,                                                              
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Drummond, Reinbold                                                                                                    
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered by Representative Gara:                                                                             
                                                                                                                                
Page 5, following line 21:                                                                                                      
    Insert a new subsection to read:                                                                                            
         "(d)  The agency shall indicate in writing which criteria it is                                                        
    using when the agency identifies and prepares information for the                                                           
    review team."                                                                                                               
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Costello objected.                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 30(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Gara, Gruenberg, Isaacson, Josephson, Kawasaki, Kerttula,                                                                
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Johnson,                                                                   
Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson,                                                                    
Pruitt, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                  
                                                                                                                                
Excused:  Drummond, Reinbold                                                                                                    
                                                                                                                                

2013-02-18                     House Journal                      Page 0313
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
CSHB 30(FIN) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 30(FIN) was read the third time.                                                                                           
                                                                                                                                
The question being:  "Shall CSHB 30(FIN) pass the House?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 30(FIN)                                                                                                                    
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gara,                                                              
Gattis, Gruenberg, Guttenberg, Herron, Higgins, Holmes, Hughes,                                                                 
Isaacson, Johnson, Josephson, Kawasaki, Keller, Kerttula,                                                                       
Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman,                                                                   
Olson, Pruitt, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck,                                                                  
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Drummond, Reinbold                                                                                                    
                                                                                                                                
Absent:  Hawker                                                                                                                 
                                                                                                                                
And so, CSHB 30(FIN) passed the House.                                                                                          
                                                                                                                                
Representative Pruitt 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 30(FIN) was referred to the Chief Clerk for engrossment.                                                                   
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
House approve the citation on the calendar.  There being no objection,                                                          
the following citation was approved and sent to enrolling:                                                                      
                                                                                                                                

2013-02-18                     House Journal                      Page 0314
In Memoriam - Carol Brenckle                                                                                                    
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, Tarr, Thompson,                                                              
Tuck, P. Wilson, T. Wilson; Senator Micciche                                                                                    
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 50                                                                                                                         
Representative Gara moved and asked unanimous consent to remove                                                                 
his name as first joint prime sponsor and add it as first cosponsor to:                                                         
                                                                                                                                
    HOUSE BILL NO. 50                                                                                                           
    "An Act authorizing the Alaska Housing Finance Corporation to                                                               
    allow certain commercial uses in a multi-unit residential housing                                                           
    development owned or financed by the corporation and limiting                                                               
    the Alcoholic Beverage Control Board's issuance of certain                                                                  
     licenses to premises in the residential housing development."                                                             
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Costello moved and asked unanimous consent to be the                                                             
prime sponsor of HB 50.  There being no objection, it was so ordered.                                                           
                                                                                                                                
HB 50 was reprinted today.  The sponsors are:  Representatives                                                                  
COSTELLO, Gara, and P. Wilson.                                                                                                  
                                                                                                                                
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 Edgmon - from 11:30 a.m., March 7 to 10:30 a.m.,                                                                 
March 11                                                                                                                        
                                                                                                                                
Representative Higgins - from 6:00 a.m., March 6 to 7:00 p.m.,                                                                  
March 11                                                                                                                        
                                                                                                                                

2013-02-18                     House Journal                      Page 0315
Representative Johnson - from 11:30 a.m., March 6 to 10:30 a.m.,                                                                
March 11; and from 11:30 a.m., March 29 to 10:30 a.m., April 1                                                                  
                                                                                                                                
Representative Millett - from 6:00 p.m., March 5 to 10:30 p.m.,                                                                 
March 11                                                                                                                        
                                                                                                                                
Representative Thompson - from 11:00 a.m., March 6 to 10:30 a.m.,                                                               
March 11; and from 11:00 a.m., March 15 to 10:30 a.m., March 18                                                                 
                                                                                                                                
HCR 4                                                                                                                         
Representative Gruenberg added his name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 4                                                                                           
    Proclaiming May 15 to be Hmong-American Veterans Memorial                                                                   
    Day.                                                                                                                        
                                                                                                                                
HJR 4                                                                                                                         
Representatives Herron and Isaacson added their names as cosponsors                                                             
to:                                                                                                                             
                                                                                                                                
    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.                                                                             
                                                                                                                                
HJR 9                                                                                                                         
Representatives Munoz and Kreiss-Tomkins added their names as                                                                   
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 9                                                                                                
    Supporting the continued and increased exploration, extraction,                                                             
    processing, and production of rare earth elements in the state; and                                                         
    urging the United States Congress to support efforts of the state to                                                        
    develop rare earth elements in the state for the benefit of the                                                             
    economic and national security of the United States.                                                                        
                                                                                                                                
HB 30                                                                                                                         
Representative Tuck added his name as cosponsor to:                                                                             
                                                                                                                                

2013-02-18                     House Journal                      Page 0316
    CS FOR HOUSE BILL NO. 30(FIN)                                                                                               
    "An Act relating to performance reviews, audits, and termination                                                            
    of executive and legislative branch agencies, the University of                                                             
    Alaska, and the Alaska Court System; and providing for an                                                                   
    effective date."                                                                                                            
                                                                                                                                
HB 32                                                                                                                         
Representative Josephson added his name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE BILL NO. 32                                                                                                           
    "An Act providing for the issuance of one business license for                                                              
    multiple lines of business; and providing for reissuance of a                                                               
    business license to correct a mistake on the license."                                                                      
                                                                                                                                
HB 50                                                                                                                         
Representative Millett added her name as cosponsor to:                                                                          
                                                                                                                                
    HOUSE BILL NO. 50                                                                                                           
    "An Act authorizing the Alaska Housing Finance Corporation to                                                               
    allow certain commercial uses in a multi-unit residential housing                                                           
    development owned or financed by the corporation and limiting                                                               
    the Alcoholic Beverage Control Board's issuance of certain                                                                  
     licenses to premises in the residential housing development."                                                             
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 30                                                                                                                         
CSHB 30(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.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
House adjourn until 10:30 a.m., February 20, 2013.  There being no                                                              
objection, the House adjourned at 12:25 p.m.                                                                                    
                                                                                                                                
                                           Suzi Lowell                                                                          
                                           Chief Clerk