Legislature(2009 - 2010)
2009-02-11 House Journal
Full Journal pdf2009-02-11 House Journal Page 0219 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday February 11, 2009 Twenty-third Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:49 a.m. Roll call showed 34 members present. Representative Kerttula had been excused from a call of the House until plane time today. Representatives Austerman, Foster, Ramras, and Wilson were absent and their presence was noted later. Representative Johansen moved and asked unanimous consent that Representative Hawker be excused from a call of the House from today to morning plane time, February 17. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Kenneth Chadwick of Glacier Valley Baptist Church. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Heavenly Father, I lift my prayer to you, the maker of heaven and earth. I thank you for blessings received. Thank you for these men and women present in this Chamber that serve the people of Alaska. Bless their families who love and support them. Thank you for the wisdom that you have given to them. I ask that you will give to all strength for the doing of what needs to be done this day in order to fully represent their constituency. I ask that you give to them discernment in the doing of their work. I pray that you will 2009-02-11 House Journal Page 0220 give them wisdom in dealing with the business of this day. Help them represent well the people of Alaska and do what is best for all our people. Help them make wise decisions. I pray for all persons in places of political leadership in our nation and state. I pray for Governor Palin and her family. I pray for the unemployed in our state and nation. I pray that they will find work soon. Give us a generous spirit to share with others in their hour of need; give wisdom to us so we can know how best to help them. Help us today to live up to the trust that others have placed in us. I ask all these petitions in the name of Jesus, my Savior and my Lord. Amen. The Pledge of Allegiance was led by Representative Dahlstrom. CERTIFICATION OF THE JOURNAL Representative Johansen moved and asked unanimous consent that the stnd journal for the 21 and 22 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker stated that the House would stand at ease to allow members of the Senate to enter the Chamber; and so, the House stood at ease at 10:53 a.m. AFTER AT EASE The Speaker called the House back to order at 11:01 a.m. **The presence of Representatives Wilson, Foster, Ramras, and Austerman was noted. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Chenault turned the gavel over to President Stevens who called the joint session to order at 11:01 a.m. 2009-02-11 House Journal Page 0221 The purpose of the joint session was to hear the State of the Judiciary Address by the Honorable Dana Fabe, Chief Justice of the Alaska Supreme Court. Senator Ellis moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Stevens appointed Representative Ramras and Senator Wielechowski to escort the Honorable Dana Fabe to the joint session. The Senate Sergeant-at-Arms announced the Chief Justice's entrance into the House Chamber. Chief Justice Fabe was escorted to the rostrum and welcomed by President Stevens. The Chief Justice delivered her address, and it is published in Senate and House Joint Journal Supplement No. 3. Chief Justice Fabe received a standing ovation and was escorted from the Chamber by Representative Ramras and Senator Wielechowski. Senator Ellis moved and asked unanimous consent that the joint session adjourn. There being no objection, President Stevens adjourned the joint session at 11:32 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:37 a.m. 2009-02-11 House Journal Page 0222 COMMUNICATIONS The following were received: Dept. of Administration Violent Crimes Compensation Board Thirty-Fifth Annual Report 2008 (as required by AS 18.67.170) Dept. of Environmental Conservation Alaska Drinking Water and Clean Water Loan Funds Annual Report FY 2008 (as required by AS 37.05.035) REPORTS OF STANDING COMMITTEES HB 49 The Judiciary Committee considered: HOUSE BILL NO. 49 "An Act relating to the prohibition of the exercise of the power of eminent domain against a recreational structure for the purposes of developing a recreational facility or project." and recommends it be replaced with: CS FOR HOUSE BILL NO. 49(JUD) (same title) The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (6): Lynn, Gruenberg, Coghill, Dahlstrom, Gatto, Ramras The following fiscal note(s) apply to CSHB 49(JUD): 1. Zero, Dept. of Transportation & Public Facilities HB 49 was referred to the Rules Committee for placement on the calendar. 2009-02-11 House Journal Page 0223 HB 64 The Labor & Commerce Committee considered: HOUSE BILL NO. 64 "An Act relating to gift certificates and gift cards, and to unclaimed property; and making a violation of certain gift card prohibitions an unlawful trade practice." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (2): Lynn, Buch No recommendation (4): Coghill, Neuman, Chenault, Olson The following fiscal note(s) apply: 1. Zero, Dept. of Law 2. Zero, Dept. of Revenue HB 64 was referred to the Finance Committee. HB 100 The Transportation Committee considered: HOUSE BILL NO. 100 "An Act relating to the Joseph C. Williams, Sr., Coastal Trail." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (6): Johansen, Munoz, Gruenberg, Johnson, Doogan, Wilson The following fiscal note(s) apply: 1. Zero, House Transportation Committee/Dept. of Transportation & Public Facilities HB 100 was referred to the Rules Committee for placement on the calendar. 2009-02-11 House Journal Page 0224 HB 104 The Labor & Commerce Committee considered: HOUSE BILL NO. 104 "An Act adjusting certain fees for treatment or services under the Alaska Workers' Compensation Act to reflect changes in the Consumer Price Index; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (4): Buch, Coghill, Neuman, Olson No recommendation (2): Lynn, Chenault The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development HB 104 was referred to the Rules Committee for placement on the calendar. HB 109 The Education Committee considered: HOUSE BILL NO. 109 "An Act relating to eligibility for the Alaska supplemental education loan program and to the interest rate for a loan made under the Alaska family education loan program; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (7): Keller, Munoz, Buch, Gardner, Edgmon, Wilson, Seaton The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development HB 109 was referred to the Finance Committee. 2009-02-11 House Journal Page 0225 REPORTS OF SPECIAL COMMITTEES HJR 12 The House Special Committee on Military & Veterans' Affairs considered: HOUSE JOINT RESOLUTION NO. 12 Relating to the Ground-based Midcourse Defense System. The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (5): Olson, Lynn, Buch, Ramras, Gatto The following fiscal note(s) apply: 1. Zero, House Special Committee on Military & Veterans' Affairs HJR 12 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: th Honoring - NAACP 100 Anniversary By Senator Davis; Representative Gara INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 7 HOUSE CONCURRENT RESOLUTION NO. 7 by Representatives Dahlstrom, Stoltze, Lynn, Johnson, Ramras, and Millett: Relating to awarding the Alaska Decoration of Honor to certain members of the military. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. 2009-02-11 House Journal Page 0226 HJR 17 HOUSE JOINT RESOLUTION NO. 17 by Representatives Harris, Stoltze, Chenault, Coghill, Foster, Johnson, Lynn, Neuman, Kawasaki, Keller, Ramras, Millett, and Wilson: Urging the United States Congress to reject H.R. 45, the Blair Holt's Firearm Licensing and Record of Sale Act of 2009. was read the first time and referred to the Judiciary Committee. HJR 18 HOUSE JOINT RESOLUTION NO. 18 by Representatives Millett, Stoltze, Lynn, Johnson, Neuman, Keller, Ramras, and Wilson: Urging the United States Congress to refrain from passing legislation that designates land in Area 1002 of the Arctic National Wildlife Refuge as wilderness. was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 123 HOUSE BILL NO. 123 by Representatives Fairclough, Lynn, and Wilson, entitled: "An Act extending the termination date of the Statewide Suicide Prevention Council; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 124 HOUSE BILL NO. 124 by Representative Crawford, entitled: "An Act repealing a prohibition against classified state employees participating in the management of political parties above the precinct level." 2009-02-11 House Journal Page 0227 was read the first time and referred to the State Affairs and Judiciary Committees. HB 125 HOUSE BILL NO. 125 by Representatives Petersen and Gara, entitled: "An Act increasing the minimum hourly wage and creating an annual adjustment to the minimum hourly wage based on the rate of inflation; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 126 HOUSE BILL NO. 126 by Representatives Gara and Crawford, entitled: "An Act relating to continuing the secondary public education of a homeless student; relating to the purpose of certain laws as they relate to children; relating to tuition waivers, loans, and medical assistance for a child placed in out-of-home care by the state; relating to foster care; relating to children in need of aid; relating to foster care transition to independent living; and relating to juvenile programs and institutions." was read the first time and referred to the Education, Health & Social Services, and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Johansen moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Colony High School Marching Band By Senator Menard; Representatives Gatto, Keller, Neuman, Stoltze, Harris, Chenault, Austerman, Cissna, Coghill, Crawford, Dahlstrom, 2009-02-11 House Journal Page 0228 Doogan, Edgmon, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, Wilson UNFINISHED BUSINESS 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 Herron - from 7:00 a.m., February 13 to evening plane time, February 15 Representative Austerman - from 7:00 a.m., February 13 to evening plane time, February 16 Representative Dahlstrom - from 7:00 a.m., February 13 to evening plane time, February 15 Representative Crawford - from evening plane time, February 13 to morning plane time, February 16 Representative Salmon - from 1:00 p.m., February 12 to morning plane time, February 16 Representative Harris - from afternoon plane time, February 13 to morning plane time, February 16 Representative Kawasaki - from 7:00 a.m., February 13 to morning plane time, February 16 Representative Ramras - from evening plane time, February 13 to evening plane time, February 15 Representative Cissna - from noon, February 12 to evening plane time, February 15 2009-02-11 House Journal Page 0229 SPECIAL ORDER OF BUSINESS Representative Johansen moved and asked unanimous consent that the notice and publication requirements be waived and the citation, th Honoring - NAACP 100 Anniversary, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: th Honoring - NAACP 100 Anniversary By Senator Davis; Representatives Gara, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson UNFINISHED BUSINESS The Speaker made the following appointments: House Members on Boards and Commissions, 2009-2010 Alaska Aerospace Development Corporation Board of Directors (AS 14.40.826) Representative Austerman Representative Guttenberg (Alternate) Alaska Statehood Celebration Commission (Chapter No. 122, SLA 2004) Representative Neuman Representative Guttenberg Alaska Seafood Marketing Institute Board of Directors Representative Stoltze Representative Thomas (Alternate) 2009-02-11 House Journal Page 0230 Alaska Commission on Postsecondary Education (AS 14.42.015) Representative Gatto Representative Gardner (Alternate) Education Commission of the States (AS 14.44.060) Representative Gatto Representative Buch (Alternate) Exxon Valdez Oil Spill Trustee Council Representative Seaton Representative Thomas (Alternate) Knik Arm Bridge and Toll Authority (AS 19.75.031) Representative Neuman Representative Harris (Alternate) Pacific Fisheries Legislative Task Force (Legislative Resolve No. 38, SLA 1986) Representative Seaton Representative Austerman Representative Edgmon (Alternate) Pacific NorthWest Economic Region (PNWER) Representative Coghill Representative Edgmon Representative Wilson (Alternate) Representative Holmes (Alternate) Statewide Suicide Prevention Council (AS 44.29.300) Representative Gardner Representative Salmon Western Legislative Forestry Task Force (Legislative Resolve No. 1, SLA 1978) Representative Thomas Representative Johansen 2009-02-11 House Journal Page 0231 Anchorage Economic Development Corporation Representative Johnson Representative Crawford National Conference of State Legislatures (NCSL) Standing Committees Agriculture and Energy Representative Gatto Representative Neuman Representative Johnson Representative Joule Representative Kawasaki Representative Kerttula Representative Crawford Representative Salmon Representative Herron Representative Millett Representative Tuck Representative Edgmon Budgets and Revenue Representative Chenault Representative Fairclough Communications, Financial Services and Interstate Commerce Representative Guttenberg Education Representative Gatto Representative Gardner Representative Joule Representative Petersen Representative Buch Health Representative Cissna Representative Kawasaki 2009-02-11 House Journal Page 0232 Human Services and Welfare Representative Cissna Labor and Economic Development Representative Johnson Representative Millett Representative Ramras Representative Fairclough Representative Crawford Representative Gardner Representative Buch Representative Salmon Law and Criminal Justice Representative Dahlstrom Representative Lynn Representative Coghill Representative Holmes Representative Millett Legislative Effectiveness Representative Gatto Representative Lynn Representative Gardner Redistricting and Elections Representative Olson Representative Herron Representative Holmes Representative Tuck Transportation Representative Johansen Representative Kawasaki Representative Millett Representative Crawford 2009-02-11 House Journal Page 0233 The Council of State Governments (CSG) Governing Board Representative Chenault Representative Guttenberg (Alternate) Annual Meeting Committee Representative Chenault Associates Advisory Committee Representative Chenault Intergovernmental Affairs Committee Representative Chenault International Committee Representative Munoz Committee on Suggested State Legislation Representative Lynn Education Policy Task Force Representative Seaton Energy and Environmental Task Force Representative Kerttula Health Policy Task Force Representative Cissna Public Safety and Justice Task Force Representative Dahlstrom The Council of State Governments - West (CSG-WEST) CSG West Executive Committee Representative Johansen Representative Kerttula Representative Chenault Representative Guttenberg 2009-02-11 House Journal Page 0234 Energy and Environment Committee Representative Gatto Representative Austerman Representative Edgmon Representative Crawford Representative Fairclough Representative Johnson Representative Johansen Representative Kawasaki Representative Olson Representative Neuman Representative Kerttula Representative Holmes Representative Millett Representative Salmon Fiscal Affairs Committee Representative Fairclough Western Legislatures Committee Representative Coghill Representative Holmes Representative Gruenberg Transportation and Trade Committee Representative Thomas Representative Wilson Representative Johansen Representative Ramras Water and Public Lands Committee Representative Johnson Representative Buch Education Committee Representative Wilson Representative Keller Representative Seaton Representative Gardner Representative Tuck 2009-02-11 House Journal Page 0235 Energy Council Executive Committee Representative Johnson Representative Johansen Energy Committee Members Representative Coghill Representative Olson Representative Neuman Representative Joule Representative Fairclough Representative Crawford Representative Dahlstrom Representative Gatto (Alternate) Representative Millett (Alternate) Representative Ramras (Alternate) Representative Gardner (Alternate) Representative Holmes (Alternate) Representative Edgmon (Alternate) Representative Lynn (Alternate) HJR 12 Representatives Gatto, Lynn, Ramras, and Olson added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 12 Relating to the Ground-based Midcourse Defense System. ENROLLMENT HJR 11 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 8:40 a.m., February 11, 2009: 2009-02-11 House Journal Page 0236 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 11(FIN) Relating to the federal stimulus package. Legislative Resolve No. 1 ANNOUNCEMENTS House committee schedules are published under separate cover. Public Office Expense Term (POET) Account (as required by AS 15.13.110) due to APOC: 2/15 ADJOURNMENT Representative Johansen moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 13, 2009. There being no objection, the House adjourned at 12:28 p.m. Suzi Lowell Chief Clerk