Legislature(2013 - 2014)

2013-02-25 House Journal

Full Journal pdf

2013-02-25                     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.                                                                                                 
                                                                                                                                

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    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