Legislature(2013 - 2014)
2013-02-25 House Journal
Full Journal pdf2013-02-25 House Journal Page 0365 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday February 25, 2013 Forty-second Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:04 a.m. Roll call showed 36 members present. Representatives Guttenberg, Kerttula, and Neuman had been excused from a call of the House today. Representative Pruitt moved and asked unanimous consent that Representative Kawasaki be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Captain Donald Warriner of The Salvation Army. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray. I want to thank you for the opportunity to live and serve in the beautiful state of Alaska. As we look to the future of this great state, may we work in the spirit of cooperation to find the answer that is best for Alaska and its people. As they look, give them the wisdom to see the answer in this ever- changing world. And through the hard work of these present, bless the people of Alaska. 2013-02-25 House Journal Page 0366 I pray that you will bless each person here in the House and their families as they make sacrifices to serve the great state of Alaska. Once again, thank you for this day; may it bring honor to you. I pray this in Jesus' name. Amen. The Pledge of Allegiance was led by Representative Kreiss-Tomkins. CERTIFICATION OF THE JOURNAL Representative Pruitt moved and asked unanimous consent that the ththst journal for the 39, 40, and 41 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Tuck introduced Caden Vaught, Guest Page, from Anchorage. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Lawrence "Larry" Rooney By Representative Reinbold; Senator Fairclough INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 141 HOUSE BILL NO. 141 by the House Labor and Commerce Committee, entitled: "An Act setting the fee for medical treatment or services performed outside the state under the Alaska Workers' Compensation Act, requiring a provider of medical treatment or services under the Alaska Workers' Compensation Act to submit bills for treatment or services to employers within 180 days after 2013-02-25 House Journal Page 0367 the date the treatment or services are rendered, and limiting the time for appealing an employer's denial or reduction of a bill; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 142 HOUSE BILL NO. 142 by Representative GATTIS, entitled: "An Act increasing the monthly stipend available for students attending a statewide boarding school operated by a school district; 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 69 The following was read the second time: HOUSE BILL NO. 69 "An Act exempting certain firearms and firearm accessories in this state from federal regulation; providing criminal penalties for federal officials who enforce or attempt to enforce a federal law, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NT 6DP 1NR 325 FN1: ZERO(COR) 326 FN2: ZERO(LAW) 326 FN3: ZERO(DPS) 326 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2013-02-25 House Journal Page 0368 CS FOR HOUSE BILL NO. 69(JUD) "An Act exempting certain firearms, firearm accessories, and ammunition in this state from federal regulation; declaring certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in this state; providing criminal penalties for federal officials who enforce or attempt to enforce a federal statute, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 69(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 69(JUD) was read the third time. The question being: "Shall CSHB 69(JUD) pass the House?" The roll was taken with the following result: CSHB 69(JUD) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Nays: Drummond, Gara, Gruenberg, Josephson, Kreiss-Tomkins Excused: Guttenberg, Kawasaki, Kerttula, Neuman And so, CSHB 69(JUD) 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. 2013-02-25 House Journal Page 0369 Representative Tuck gave notice of reconsideration of the vote on CSHB 69(JUD). HOUSE BILLS IN THIRD READING HB 52 The following, which was held from the February 20, 2013, calendar (page 332), was before the House in third reading: HOUSE BILL NO. 52 am "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." Representative Gara moved and asked unanimous consent that HB 52 am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Gara: Page 4, following line 10: Insert a new subsection to read: "(g) After an otherwise eligible individual has been absent from the state as allowed under AS 43.23.008(a)(1)-(16) for more than 180 days in each of the 10 preceding qualifying years, the department shall hold the dividend in trust for the individual. The department shall pay the amount held in trust to the individual when the individual has been present in the state for at least 250 days in a qualifying year." Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Feige objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 2013-02-25 House Journal Page 0370 HB 52 am Second Reading Amendment No. 3 YEAS: 7 NAYS: 29 EXCUSED: 4 ABSENT: 0 Yeas: Drummond, Gara, Gruenberg, Josephson, Kreiss-Tomkins, Tarr, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg, Kawasaki, Kerttula, Neuman And so, Amendment No. 3 was not adopted. HB 52 am was automatically in third reading. The question being: "Shall HB 52 am pass the House?" The roll was taken with the following result: HB 52 am Third Reading Final Passage YEAS: 30 NAYS: 6 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Tarr, Thompson, P.Wilson, T.Wilson Nays: Drummond, Gara, Keller, Seaton, Stoltze, Tuck Excused: Guttenberg, Kawasaki, Kerttula, Neuman And so, HB 52 am 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. 2013-02-25 House Journal Page 0371 HB 52 am was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 4 The following was read the second time: 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. with the: Journal Page JUD RPT CS(JUD) NT 6DP 1NR 249 FN1: ZERO(H.JUD) 249 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 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. There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHJR 4(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHJR 4(JUD) will advance to third reading on the February 27, 2013, calendar. 2013-02-25 House Journal Page 0372 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 - Lester C. Lunceford 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 In Memoriam - Clarence Jackson Sr. By Representatives Kreiss-Tomkins, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Stedman In Memoriam - Martha Delores Olsen Randolph 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 RECONSIDERATION SB 14 Representative Stoltze brought up reconsideration of the vote on SB 14 (page 353). The following was before the House in third reading: 2013-02-25 House Journal Page 0373 SENATE BILL NO. 14 "An Act relating to the term of office of directors of telephone or electric cooperatives." The question to be reconsidered: "Shall SB 14 pass the House?" The roll was taken with the following result: SB 14 Third Reading Final Passage Reconsideration YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Josephson, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Nays: Johnson Excused: Guttenberg, Kawasaki, Kerttula, Neuman And so, SB 14 passed the House on reconsideration, was signed by the Speaker and Chief Clerk, and returned to the Senate. 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 Costello - from 6:00 a.m., March 5 to 8:30 p.m., March 10 (amended from page 356) Representative Holmes - from 6:30 p.m., March 1 to 10:00 p.m., March 3 Representative Feige - from 6:00 p.m., March 1 to 10:00 a.m., March 4 2013-02-25 House Journal Page 0374 HB 88 The following memorandum dated February 22, 2013, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services, regarding: CS FOR HOUSE BILL NO. 88(HSS) "An Act changing the terms 'mental retardation' and 'mentally retarded,' and making conforming changes, in Alaska Statutes." "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 88(HSS), which has been corrected in enrolling: Page 15, line 3: Delete "development" Insert "developmental"" HJR 9 Representative Tarr added her name as cosponsor 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 69 Representative Isaacson added his name as cosponsor to: CS FOR HOUSE BILL NO. 69(JUD) "An Act exempting certain firearms, firearm accessories, and ammunition in this state from federal regulation; declaring certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in this state; providing criminal penalties for federal officials who enforce or attempt to enforce a federal statute, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date." 2013-02-25 House Journal Page 0375 HB 83 Representative Saddler added his name as cosponsor to: HOUSE BILL NO. 83 "An Act relating to certain federal statutes, regulations, presidential executive orders, and secretarial orders; relating to the duties of the attorney general; and providing for an effective date." HB 85 Representative Tarr added her name as cosponsor to: HOUSE BILL NO. 85 "An Act extending the special education service agency; and providing for an effective date." HB 130 Representatives Nageak, Gruenberg, and Drummond added their names as cosponsors to: HOUSE BILL NO. 130 "An Act establishing July 21 each year as Jay Hammond Day." ENGROSSMENT HB 52 HB 52 am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. The following meetings today were changed: Finance Committee CHANGED TO: 2:00 p.m. Judiciary Committee CHANGED TO: 2:00 p.m. 2013-02-25 House Journal Page 0376 Labor & Commerce Committee CHANGED TO: 3:45 p.m. Resources Committee CHANGED TO: 2:00 p.m. ADJOURNMENT Representative Pruitt moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 27, 2013. There being no objection, the House adjourned at 1:39 p.m. Suzi Lowell Chief Clerk