Legislature(2009 - 2010)

2009-01-21 House Journal

Full Journal pdf

2009-01-21                     House Journal                      Page 0049
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                          ALASKA STATE LEGISLATURE                                                                           
                                                                                                                                
                  TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday               January 21, 2009                                                     
                                                                                                                                
                                 Second Day                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:01 a.m.                                                                                                          
                                                                                                                                
Roll call showed 37 members present.  Representatives Foster and                                                                
Harris had been excused from a call of the House today.                                                                         
Representative Hawker was absent and his presence was noted later.                                                              
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Thomas                                                                 
Weise of Cathedral of the Nativity.  Representative Dahlstrom moved                                                             
and asked unanimous consent that the invocation be spread on the                                                                
journal.  There being no objection, it was so ordered.                                                                          
                                                                                                                                
     With the deepest respect for the beliefs of all Alaskans, I offer                                                          
     the following prayer.                                                                                                      
                                                                                                                                
     From Psalm 129:  Lift up your hearts to the Most High!  Let                                                                
     the earth ring with songs of praise!  Be glad, O people of the                                                             
     light!  Let your life be impregnated by love's gifts.  Discover                                                            
     in the great silence the mystery of who you are, and be true to                                                            
     yourself.  For wherever you dwell, there is beauty; infinite                                                               
     love is everywhere.  Know that the beauty hidden within your                                                               
     soul is seen by the eyes of your heart.  Let the still small voice                                                         
     of the Beloved guide you by day and comfort you by night;                                                                  
     then you will be blessed and, in turn, you will be a blessing to                                                           
     the world.                                                                                                                 
                                                                                                                                
     Gracious God, you created us and placed us within families to                                                              
     learn how to love and be loved.  We praise you for your                                                                    
     goodness; we thank you for your gifts.  Bless our state with                                                               

2009-01-21                     House Journal                      Page 0050
     your love.  Raise up in Alaska good and holy families, loving                                                              
     husbands and wives, devoted parents and children.  Raise up                                                                
     from our families and friends dedicated and generous leaders                                                               
     who will serve as role models in our communities.  Amen.                                                                   
                                                                                                                                
The Pledge of Allegiance was led by Representative Joule.                                                                       
                                                                                                                                
                        CERTIFICATION OF THE JOURNAL                                                                         
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
journal for the first legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                         MESSAGES FROM THE GOVERNOR                                                                          
                                                                                                                                
A letter dated December 11, 2008, was read stating that, in accordance                                                          
with AS 16.05.221, the Governor submits the following names for                                                                 
legislative confirmation of appointment to the boards and commissions                                                           
noted.                                                                                                                          
                                                                                                                                
The Speaker referred the following to the House Special Committee                                                               
on Fisheries and the Resources Committee:                                                                                       
                                                                                                                                
Board of Fisheries                                                                                                            
     Judge Karl S. Johnstone (Retired)                                                                                          
     Appointed: 12/5/2008  Term Expires: 6/30/2009                                                                              
                                                                                                                                
The Speaker referred the following to the Resources Committee:                                                                  
                                                                                                                                
Board of Game                                                                                                                 
     Stanley "Stosh" Hoffman Jr.                                                                                                
     Appointed: 11/13/2008  Term Expires: 3/1/2011                                                                              
                                                                                                                                
Resumes for the appointments are on file in the Chief Clerk's office.                                                           
                                                                                                                                
                          MESSAGES FROM THE SENATE                                                                           
                                                                                                                                
A message dated January 20, 2009, was read stating the Senate                                                                   
accepted the invitation to meet in joint session in the House Chamber                                                           
at 7:00 p.m., January 22 to hear the Governor's annual State of the                                                             
State Address.                                                                                                                  
                                                                                                                                

2009-01-21                     House Journal                      Page 0051
A message dated January 20, 2009, was read stating the Senate                                                                   
confirmed the following members to the Select Committee on                                                                      
Legislative Ethics:                                                                                                             
                                                                                                                                
     Senator Stevens                                                                                                            
     Senator Wagoner                                                                                                            
     Senator Thomas (Alternate)                                                                                                 
     Senator Wielechowski (Alternate)                                                                                           
                                                                                                                                
                                                                                                                                
                               COMMUNICATIONS                                                                                
                                                                                                                                
The Speaker made the following appointments:                                                                                    
                                                                                                                                
Education Funding District Cost Factor Commission                                                                               
(Legislative Resolve No. 62, SLA 2008)                                                                                          
     Representative Seaton                                                                                                      
     Representative Wilson                                                                                                      
     Representative Hawker                                                                                                      
     Representative Joule                                                                                                       
     Representative Kawasaki                                                                                                    
                                                                                                                                
Alaska Health Care Commission                                                                                                   
     Representative Keller                                                                                                      
                                                                                                                                
The following memorandum dated November 18, 2008, was received                                                                  
from Patty Rose, Enrolling Secretary, Division of Legal and Research                                                            
Services, regarding Chapter 3, SLA 2007,  CSHB 21(STA), Twenty-                                                                 
fifth Alaska State Legislature:                                                                                                 
                                                                                                                                
"I am reporting an error in ch. 3, SLA 2007, that was discovered after                                                          
enrollment and after printing of the 2007 Session Laws and Resolves                                                             
of Alaska and has not been corrected.                                                                                           
                                                                                                                                
In the enrolled measure, the title is set out incorrectly.  The title of the                                                    
measure as it passed the legislature was "An Act relating to the state                                                        
flag; and relating to the proper retirement of an official state                                                              
flag."  In the enrolled measure, the title is "An Act relating to the                                                       
proper retirement of an official state flag."  The words, "relating to                                                        
the state flag; and" were omitted.  This is a clerical error."                                                                  
                                                                                                                                

2009-01-21                     House Journal                      Page 0052
The following were received:                                                                                                    
                                                                                                                                
Alaska Energy Authority                                                                                                         
Certification of Capital Reserve Funds' Requirement                                                                             
December 11, 2008                                                                                                               
(as required by AS 44.83.110)                                                                                                   
                                                                                                                                
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
Division of Insurance                                                                                                           
   th                                                                                                                           
70 Annual Report                                                                                                                
Fiscal Year 2008                                                                                                                
(as required by AS 21.06.110)                                                                                                   
                                                                                                                                
                                                                                                                                
Select Committee on Legislative Ethics                                                                                          
Advisory Opinions Rendered by the Committee                                                                                     
Volume XXX                                                                                                                      
January 1, 2008 - December 31, 2008                                                                                             
(as required by AS 24.60.150)                                                                                                   
                                                                                                                                
Select Committee on Legislative Ethics                                                                                          
Public Decisions Issued by the Committee                                                                                        
Volume XII                                                                                                                      
January 1, 2008 - December 31, 2008                                                                                             
(as required by AS 24.60.150)                                                                                                   
                                                                                                                                
                                                                                                                                
Dept. of Environmental Conservation                                                                                             
Division of Water                                                                                                               
Cruise Ship Dilution Study                                                                                                      
Preliminary Report                                                                                                              
January 12, 2009                                                                                                                
(as required by Chapter No. 29, SLA 2008)                                                                                       
                                                                                                                                
Dept. of Environmental Conservation                                                                                             
National Pollutant Discharge Elimination System                                                                                 
Progress Report                                                                                                                 
January 8, 2009                                                                                                                 
(as required by Chapter No. 95, SLA 2005)                                                                                       
                                                                                                                                

2009-01-21                     House Journal                      Page 0053
Dept. of Health & Social Services                                                                                               
Annual Report                                                                                                                   
Fiscal Year 2008                                                                                                                
                                                                                                                                
Dept. of Law                                                                                                                    
Office of the Attorney General                                                                                                  
Activities of the National Conference of                                                                                        
Commissioners on Uniform State Laws                                                                                             
Annual Report                                                                                                                   
September 25, 2008                                                                                                              
                                                                                                                                
Legislative Affairs Agency                                                                                                      
Division of Legal and Research Services                                                                                         
Report Listing Alaska Statutes with Delayed                                                                                     
Repeals or Delayed Amendments and                                                                                               
Examining Court Decisions and Opinions of                                                                                       
the Attorney General Construing Alaska Statutes                                                                                 
November 2008                                                                                                                   
(as required by AS 24.20.065)                                                                                                   
                                                                                                                                
                                                                                                                                
The following audit reports were received from the Division of                                                                  
Legislative Audit, Legislative Budget & Audit Committee, as required                                                            
by AS 24.20.311:                                                                                                                
                                                                                                                                
2008 Annual Report, Unabridged                                                                                                  
2008 Annual Report, Condensed                                                                                                   
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
Alaska State Board of Public Accountancy                                                                                        
Sunset Review                                                                                                                   
December 1, 2008                                                                                                                
Available at http://www.legaudit.state.ak.us/                                                                                   
                                                                                                                                
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
State Board of Registration for Architects, Engineers, and Land                                                                 
Surveyors                                                                                                                       
September 22, 2008                                                                                                              
                                                                                                                                

2009-01-21                     House Journal                      Page 0054
Dept. of Commerce, Community, & Economic Development                                                                            
Alaska Energy Authority                                                                                                         
Rural Power System Upgrade Program Procurement Issues                                                                           
August 15, 2008                                                                                                                 
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
Board of Veterinary Examiners                                                                                                   
September 22, 2008                                                                                                              
                                                                                                                                
Dept. of Health & Social Services                                                                                               
Division of Public Health                                                                                                       
Training, Policies and Practices Related to                                                                                     
Reporting Suspected Statutory Rape                                                                                              
April 28, 2008                                                                                                                  
                                                                                                                                
Dept. of Natural Resources                                                                                                      
Division of Agriculture                                                                                                         
Agricultural Revolving Loan Fund                                                                                                
Matanuska Maid                                                                                                                  
September 22, 2008                                                                                                              
                                                                                                                                
                         INTRODUCTION OF CITATIONS                                                                           
                                                                                                                                
The following citation was introduced and referred to the Rules                                                                 
Committee for placement on the calendar:                                                                                        
                                                                                                                                
In Memoriam - Nellie "Mrs. Santa Claus" Miller                                                                                  
By Senator Therriault; Representative Coghill                                                                                   
                                                                                                                                
                 INTRODUCTION, FIRST READING, AND REFERENCE                                                                  
                            OF HOUSE RESOLUTIONS                                                                             
                                                                                                                                
HCR 2                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 2 by Representatives                                                                            
Ramras, Millett, Johnson, and Chenault:                                                                                         
                                                                                                                                
     Requesting the governor to provide energy security for all                                                                 
     Alaskans by pursuing development of a natural gas bullet pipeline                                                          
     from the North Slope to the Cook Inlet region; and requesting the                                                          
     governor to identify and negotiate with one or more persons                                                                

2009-01-21                     House Journal                      Page 0055
     capable of producing natural gas from the Gubik area, and other                                                            
     areas on the North Slope if necessary, in sufficient quantities to                                                         
     support a bullet pipeline project.                                                                                         
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources Committee.                                                                                             
                                                                                                                                
HCR 3                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 3 by Representatives                                                                            
Ramras, Millett, Johnson, and Chenault:                                                                                         
                                                                                                                                
     Requesting the governor to provide energy security for all                                                                 
     Alaskans by taking and encouraging all action that would support                                                           
     a natural gas bullet pipeline from the North Slope to the Cook                                                             
     Inlet region, including initiating any necessary negotiations to                                                           
     reopen the Agrium plant in Kenai.                                                                                          
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources Committee.                                                                                             
                                                                                                                                
**The presence of Representative Hawker was noted.                                                                              
                                                                                                                                
HCR 4                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 4 by Representatives                                                                            
Ramras, Millett, Johnson, and Chenault:                                                                                         
                                                                                                                                
     Requesting the governor to provide energy security for Alaskans                                                            
     by taking and encouraging all action to support development of a                                                           
     natural gas bullet pipeline from the North Slope to the Cook Inlet                                                         
     region including advocating an increase in the amount of natural                                                           
     gas that may be exported under authority granted by the United                                                             
     States Department of Energy.                                                                                               
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources Committee.                                                                                             
                                                                                                                                
HCR 5                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 5 by Representatives                                                                            
Ramras, Millett, Johnson, and Chenault:                                                                                         
                                                                                                                                

2009-01-21                     House Journal                      Page 0056
     Requesting the governor to provide energy security for all                                                                 
     Alaskans by working on significant elements and components to                                                              
     support the timely construction of a natural gas bullet pipeline                                                           
     from the North Slope to the Cook Inlet region and to take                                                                  
     necessary action to assist and facilitate the process for a private                                                        
     entity to make a final investment decision to commit to the                                                                
     pipeline before November 1, 2010.                                                                                          
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources Committee.                                                                                             
                                                                                                                                
                 INTRODUCTION, FIRST READING, AND REFERENCE                                                                  
                               OF HOUSE BILLS                                                                                
                                                                                                                                
HB 78                                                                                                                         
HOUSE BILL NO. 78 by Representative Olson, entitled:                                                                            
                                                                                                                                
     "An Act extending the termination date of the Board of Public                                                              
     Accountancy; and providing for an effective date."                                                                         
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 79                                                                                                                         
HOUSE BILL NO. 79 by Representatives Ramras and Millett,                                                                        
entitled:                                                                                                                       
                                                                                                                                
     "An Act establishing a gas royalty and production tax fund,                                                                
     describing its purpose, and authorizing use of fund proceeds to                                                            
     support power cost equalization."                                                                                          
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                                                                                                                
                           LEGISLATIVE CITATIONS                                                                             
                                                                                                                                
Representative Johansen 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:                                                         
                                                                                                                                

2009-01-21                     House Journal                      Page 0057
Honoring - Will Hickman                                                                                                         
By Representatives Thomas, Chenault, Buch, Cissna, Coghill,                                                                     
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner,                                                                 
Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Tuck, Wilson                                                                                                                    
                                                                                                                                
Honoring - Juneau-Douglas High School Boys Swim/Dive Team,                                                                      
2008 State Champions                                                                                                            
By Senator Elton; Representatives Kerttula, Munoz, Chenault,                                                                    
Austerman, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan,                                                                  
Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                                                    
Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                             
Kelly, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, Wilson                                                                                           
                                                                                                                                
                            UNFINISHED BUSINESS                                                                              
                                                                                                                                
Representative Johansen moved that the House confirm the                                                                        
appointment of Representatives Coghill and Gardner and                                                                          
Representatives Gatto and Gara (Alternates) to the Select Committee                                                             
on Legislative Ethics.                                                                                                          
                                                                                                                                
The question being:  "Shall the House confirm the appointment of                                                                
Representatives Coghill and Gardner and Representatives Gatto and                                                               
Gara (Alternates) to the Select Committee on Legislative Ethics?"  The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
Select Committee on Legislative Ethics                                                                                          
Confirm - Representatives Coghill and Gardner                                                                                   
Representatives Gatto and Gara, Alternates                                                                                      
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Coghill, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto,                                                                    
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz,                                                                 
Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas,                                                               
Tuck, Wilson                                                                                                                    
                                                                                                                                

2009-01-21                     House Journal                      Page 0058
Excused:  Foster, Harris                                                                                                        
                                                                                                                                
And so, the appointments were confirmed.                                                                                        
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Chenault - from 7:00 a.m., January 23 to 1:00 p.m.,                                                              
January 24                                                                                                                      
                                                                                                                                
Representative Seaton - from 10:00 a.m., January 31 to noon, plane                                                              
time, February 9                                                                                                                
                                                                                                                                
Representative Thomas - from 10:30 a.m., January 24 to 7:30 p.m.,                                                               
January 25                                                                                                                      
                                                                                                                                
                                                                                                                                
HB 10                                                                                                                         
Representative Dahlstrom added her name as cosponsor to:                                                                        
                                                                                                                                
     HOUSE BILL NO. 10                                                                                                          
     "An Act authorizing a borough to charge a city for costs of                                                                
     collecting certain taxes; relating to a mandatory exemption from                                                           
     municipal property taxes for residences of certain widows or                                                               
     widowers, and to optional exemptions from municipal property                                                               
     taxes for property of certain fraternal organizations, for certain                                                         
     college property, and for certain residential property; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
HB 39                                                                                                                         
Representative Gardner added her name as joint prime sponsor to:                                                                
                                                                                                                                
     HOUSE BILL NO. 39                                                                                                          
     "An Act relating to open meetings guidelines for legislative                                                               
     bodies; and providing for an effective date."                                                                              
                                                                                                                                

2009-01-21                     House Journal                      Page 0059
HB 58                                                                                                                         
Representative Ramras added his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 58                                                                                                          
     "An Act relating to a student loan repayment program for                                                                   
     specified occupations or fields in which a shortage of qualified                                                           
     employees exists."                                                                                                         
                                                                                                                                
HB 70                                                                                                                         
Representative Ramras added his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 70                                                                                                          
     "An Act establishing the farm-to-school program in the                                                                     
     Department of Natural Resources, the Alaska grown fresh fruit                                                              
     and vegetable grant program in the Department of Education and                                                             
     Early Development, the farmers' market technology improvement                                                              
     pilot program in the Department of Environmental Conservation,                                                             
     and the farmers to food banks pilot program in the Department of                                                           
     Commerce, Community, and Economic Development."                                                                            
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 6:00 p.m., January 22, 2009.  There being no                                                                
objection, the House adjourned at 10:25 a.m.                                                                                    
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk