Legislature(2009 - 2010)

2009-02-23 House Journal

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2009-02-23                     House Journal                      Page 0299
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                      
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday             February 23, 2009                                                         
                                                                                                                                
                           Thirty-fifth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:02 a.m.                                                                                                          
                                                                                                                                
Roll call showed 40 members present.                                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Doctor                                                                 
Douglas Dye of Chapel by the Lake Community Presbyterian Church.                                                                
Representative Coghill moved and asked unanimous consent that the                                                               
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    I am grateful for the opportunity to pray for you and with the                                                              
    Alaska State House of Representatives.  If you share my faith                                                               
    in Jesus Christ, I invite you to pray with me.  And to all of                                                               
    you, I offer this prayer for your blessing and benefit.                                                                     
                                                                                                                                
    Dear God, my Heavenly Father:  You are the creator and ruler                                                                
    of all the peoples of the earth.  And so we thank you for this                                                              
    good and beautiful land that you have called us to nurture and                                                              
    sustain.                                                                                                                    
                                                                                                                                
    Forgive us our shortcomings when we put ourselves before                                                                    
    the service of others and the benefit of this state, which you                                                              
    have entrusted to our care.                                                                                                 
                                                                                                                                
    Bless Alaska with honest industry and sound learning.  Save                                                                 
    us from our pride and arrogance that we may humbly and                                                                      
    compassionately serve the people of this fair land.  Protect us                                                             

2009-02-23                     House Journal                      Page 0300
    from harm and destructive forces and bind us together as a                                                                  
    people who love and respect each other.                                                                                     
                                                                                                                                
    And I pray you will bless these who hold office as state                                                                    
    representatives, that they may do their work in a spirit of                                                                 
    wisdom and kindness and justice.  Grant them the ability - in                                                               
    the midst of the many competing claims they encounter - to                                                                  
    discern what is the good and the right.  Fill them with patience                                                            
    and courage to follow paths that will bless our people.  Help                                                               
    them to use their authority to serve faithfully and to promote                                                              
    the well being of all Alaskans.  And give to them joy and                                                                   
    satisfaction in the work they do this day.                                                                                  
                                                                                                                                
    All of this I pray in the strong and saving name of Jesus                                                                   
    Christ, my Lord and Savior.  Amen.                                                                                          
                                                                                                                                
The Pledge of Allegiance was led by Representative Crawford.                                                                    
                                                                                                                                
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
                  thstndrdth                                                                                                    
journal for the 30, 31, 32, 33, and 34 legislative days and House                                                               
and Senate Joint Journal Supplement No. 4 be approved as certified by                                                           
the Chief Clerk.  There being no objection, it was so ordered.                                                                  
                                                                                                                                
                                                                                                                                
                      MESSAGES FROM THE GOVERNOR                                                                             
                                                                                                                                
A letter dated February 20, 2009, was read stating that, in accordance                                                          
with AS 44.19.040 and art. III, sec. 13, Constitution of the State of                                                           
Alaska, the Governor submits the following name for legislative                                                                 
confirmation of appointment to the position noted:                                                                              
                                                                                                                                
                                                                                                                                
The Speaker referred the following to the Judiciary Committee:                                                                  
                                                                                                                                
Lieutenant Governor Successor                                                                                                 
    Joseph D. Schmidt                                                                                                           
                                                                                                                                

2009-02-23                     House Journal                      Page 0301
                            COMMUNICATIONS                                                                                   
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Administration                                                                                                         
Office of the Commissioner                                                                                                      
Monetary Terms of Agreement between the State and the International                                                             
Organization of Masters, Mates and Pilots                                                                                       
February 17, 2009                                                                                                               
(as required by AS 23.40.215)                                                                                                   
                                                                                                                                
Dept. of Administration                                                                                                         
Office of the Commissioner                                                                                                      
Monetary Terms of Agreement between the State and the Alaska State                                                              
Employees Association representing the General Government                                                                       
Bargaining Unit and                                                                                                             
Alaska Public Employees Association representing the Supervisory                                                                
Bargaining Unit and the Confidential Bargaining Unit                                                                            
February 17, 2009                                                                                                               
                                                                                                                                
The Speaker referred the monetary terms of agreements to the Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
The House and Senate Judiciary Committees jointly reviewed the                                                                  
qualifications of the following and recommend the appointments be                                                               
forwarded to a joint session for consideration:                                                                                 
                                                                                                                                
                            Dr. David L. Eichler                                                                                
                                                                                                                                
as a member of the Board of Governors of the Alaska Bar.                                                                        
                                                                                                                                
                           Jan S. Ostrovsky                                                                                    
                                                                                                                                
as a member of the Commission on Judicial Conduct.                                                                              
                                                                                                                                
                             William F. Clarke                                                                                  
                       Kathleen R. Tompkins-Miller                                                                              
                                                                                                                                
as members of the Alaska Judicial Council.                                                                                      
                                                                                                                                

2009-02-23                     House Journal                      Page 0302
                        Dr. Regina C. Chennault                                                                                
                                                                                                                                
as a member of the Violent Crimes Compensation Board.                                                                           
                                                                                                                                
The report was signed by Representatives Coghill, Gruenberg, Lynn,                                                              
and Holmes; and Senators French (Chair), Elton, Wielechowski, and                                                               
Therriault.                                                                                                                     
                                                                                                                                
HB 90                                                                                                                         
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 90                                                                                                           
    "An Act relating to bonding limitations and confidentiality of                                                              
    records and information of the Alaska Industrial Development and                                                            
    Export Authority; and providing for an effective date."                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 90(L&C)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Holmes, Coghill, Buch, Lynn, Olson                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 90(L&C):                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 90 was referred to the Finance Committee.                                                                                    
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - University of Alaska Fairbanks Trio Programs                                                                         
By Senator Paskvan; Representative Guttenberg                                                                                   
                                                                                                                                

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In Memoriam - Dr. Roger Gollub                                                                                                  
By Representative Gardner; Senator Ellis                                                                                        
                                                                                                                                
In Memoriam - Chief Philip Rounds                                                                                               
By Representatives Kawasaki, Guttenberg                                                                                         
                                                                                                                                
In Memoriam - Llewellyn "Lew" M. Williams Jr.                                                                                   
By Representative Johansen; Senator Stedman                                                                                     
                                                                                                                                
In Memoriam - Walt Sheridan                                                                                                     
By Senator Elton; Representatives Kerttula, Munoz                                                                               
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HR 7                                                                                                                          
HOUSE RESOLUTION NO. 7 by Representatives Fairclough and                                                                        
Wilson:                                                                                                                         
                                                                                                                                
    Requesting the United States Congress to permanently repeal the                                                             
    federal unified gift and estate tax.                                                                                        
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
HJR 19                                                                                                                        
HOUSE JOINT RESOLUTION NO. 19 by Representatives                                                                                
Austerman, Harris, and Gara:                                                                                                    
                                                                                                                                
    Recognizing the 20th anniversary of the Exxon Valdez oil spill                                                              
    and supporting the continued practice of accompanying each oil                                                              
    tanker through Prince William Sound with at least a two vessel                                                              
    escort.                                                                                                                     
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
HJR 20                                                                                                                        
HOUSE JOINT RESOLUTION NO. 20 by Representatives                                                                                
Fairclough and Keller:                                                                                                          
                                                                                                                                

2009-02-23                     House Journal                      Page 0304
    Urging the United States Congress to end daylight saving time.                                                             
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs and Labor & Commerce Committees.                                                                                        
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 141                                                                                                                        
HOUSE BILL NO. 141 by Representative Coghill, entitled:                                                                         
                                                                                                                                
    "An Act relating to the Interstate Compact for Juveniles; relating                                                          
    to the State Council for Interstate Adult and Juvenile Offender                                                             
    Supervision; amending Rules 4 and 24(b), Alaska Rules of Civil                                                              
    Procedure; and providing for an effective date."                                                                            
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Judiciary Committees.                                                                                                       
                                                                                                                                
HB 142                                                                                                                        
HOUSE BILL NO. 142 by Representative Kerttula, entitled:                                                                        
                                                                                                                                
    "An Act amending the boundaries of the Stan Price State Wildlife                                                            
    Sanctuary and relating to bear viewing in the sanctuary."                                                                   
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
HB 143                                                                                                                        
HOUSE BILL NO. 143 by the House Special Committee on Fisheries,                                                                 
entitled:                                                                                                                       
                                                                                                                                
    "An Act repealing the termination of licensing and regulation of                                                            
    sport fishing operators and sport fishing guides and licensing and                                                          
    registration of sport fishing vessels; and providing for an effective                                                       
    date."                                                                                                                      
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Fisheries and the Resources Committee.                                                                                          
                                                                                                                                

2009-02-23                     House Journal                      Page 0305
HB 144                                                                                                                        
HOUSE BILL NO. 144 by Representative Ramras, entitled:                                                                          
                                                                                                                                
    "An Act relating to the Uniform Probate Code, including wills,                                                              
    trusts, nonprobate transfers, augmented estates, personal                                                                   
    representatives, and trustees; and amending Rules 3 and 8, Alaska                                                           
    Rules of Civil Procedure, Rule 1, Alaska Rules of Probate                                                                   
    Procedure, and Rule 37.5, Alaska Rules of Administration."                                                                  
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Judiciary Committees.                                                                                                           
                                                                                                                                
HB 145                                                                                                                        
HOUSE BILL NO. 145 by Representative Lynn, entitled:                                                                            
                                                                                                                                
    "An Act relating to the regulation of residential real property                                                             
    mortgage lending, including the licensing of mortgage lenders,                                                              
    mortgage brokers, and mortgage loan originators and compliance                                                              
    with certain federal laws relating to residential mortgage lending;                                                         
    and providing for an effective date."                                                                                       
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 146                                                                                                                        
HOUSE BILL NO. 146 by Representative Ramras, entitled:                                                                          
                                                                                                                                
    "An Act relating to transfer restrictions on trust interests."                                                              
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Judiciary Committees.                                                                                                           
                                                                                                                                
HB 147                                                                                                                        
HOUSE BILL NO. 147 by the House Education Committee, entitled:                                                                  
                                                                                                                                
    "An Act repealing the minimum expenditure for instruction                                                                   
    requirements for public schools."                                                                                           
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                

2009-02-23                     House Journal                      Page 0306
HB 148                                                                                                                        
HOUSE BILL NO. 148 by Representatives Gara, Thomas, Holmes,                                                                     
Salmon, Seaton, Wilson, Petersen, Kerttula, Buch, Tuck, Crawford,                                                               
Kawasaki, and Gruenberg, entitled:                                                                                              
                                                                                                                                
    "An Act relating to a state energy use reduction plan and energy                                                            
    efficiency improvement contracts and to energy audits of public                                                             
    buildings conducted by the Department of Transportation and                                                                 
    Public Facilities; relating to agency capital budget requests;                                                              
    establishing an energy efficiency grant fund in the Alaska Housing                                                          
    Finance Corporation; and providing for an effective date."                                                                  
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the State Affairs and Finance Committees.                                                                            
                                                                                                                                
                                                                                                                                
                  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:                                                         
                                                                                                                                
Honoring - Hjalmar "Ofi" Olson                                                                                                  
By Representatives Edgmon, Chenault, Austerman, Buch, Coghill,                                                                  
Crawford, Dahlstrom, Doogan, Fairclough, Gara, Gardner, Gatto,                                                                  
Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, Wilson; Senator Hoffman                                                                                           
                                                                                                                                
Honoring - Lynn Marie Barnes                                                                                                    
By Senator Elton; Representatives Kerttula, Munoz, Chenault, Buch,                                                              
Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, 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                                                                                                            
                                                                                                                                

2009-02-23                     House Journal                      Page 0307
Honoring - Juneau-Douglas High School Home Builders 2009                                                                        
National Regional Construction Competition                                                                                      
By Senator Elton; Representatives Kerttula, Munoz, Chenault,                                                                    
Austerman, Buch, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                  
Fairclough, 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                                                                                           
                                                                                                                                
Honoring - Alaska Vocational Institute                                                                                          
By Senator Elton; Representatives Kerttula, Munoz, Chenault,                                                                    
Austerman, Buch, Crawford, Dahlstrom, Doogan, Edgmon,                                                                           
Fairclough, 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                                                                                           
                                                                                                                                
                                                                                                                                
In Memoriam - Dearl Wayne Gladden                                                                                               
By Representatives Chenault, Buch, Coghill, Crawford, Dahlstrom,                                                                
Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto,                                                                       
Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
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 Olson - from evening plane time, February 25 to                                                                  
evening plane time, March 2                                                                                                     
                                                                                                                                
Representative Dahlstrom - from 7:00 p.m., February 25 to                                                                       
10:00 p.m., March 8                                                                                                             
                                                                                                                                

2009-02-23                     House Journal                      Page 0308
HB 104                                                                                                                        
Reconsideration of the following was not taken up on this legislative                                                           
day and will be available February 25, 2009, pursuant to Uniform Rule                                                           
30(d):                                                                                                                          
                                                                                                                                
    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."                                                                 
                                                                                                                                
                                                                                                                                
HR 6                                                                                                                          
Representative Hawker added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE RESOLUTION NO. 6                                                                                                      
    Encouraging the Alaska Mental Health Trust Authority to develop                                                             
    its land and resources to the fullest extent possible consistent with                                                       
    its legal and moral responsibility to provide jobs and protect and                                                          
    enhance the lives of those who benefit from the mental health                                                               
    trust.                                                                                                                      
                                                                                                                                
                                                                                                                                
HJR 3                                                                                                                         
Representative Seaton added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 3                                                                                                
    Proposing an amendment to the Constitution of the State of                                                                  
    Alaska requiring an affirmative vote of the people before any form                                                          
    of gambling for profit may be authorized in Alaska and setting                                                              
    other requirements.                                                                                                         
                                                                                                                                
                                                                                                                                
HB 134                                                                                                                        
Representative Hawker added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 134                                                                                                          
    "An Act relating to the terms and conditions of commercial vessel                                                           
    permits for the discharge of graywater, treated sewage, and other                                                           
    waste water; and providing for an effective date."                                                                          
                                                                                                                                

2009-02-23                     House Journal                      Page 0309
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 11:00 a.m., February 25, 2009.  There being no                                                              
objection, the House adjourned at 11:44 a.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk