Legislature(2009 - 2010)

2009-03-02 House Journal

Full Journal pdf

2009-03-02                     House Journal                      Page 0367
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                 TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                    
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday                   March 2, 2009                                                      
                                                                                                                                
                             Forty-second Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:02 a.m.                                                                                                          
                                                                                                                                
Roll call showed 34 members present.  Representatives Joule and                                                                 
Olson had been excused from a call of the House today.                                                                          
Representatives Edgmon, Foster, Gara, and Seaton were absent and                                                                
their presence was noted later.                                                                                                 
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend George                                                                 
Silides of Holy Trinity Episcopal Church.  Representative Coghill                                                               
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
     With deepest respect for the religious traditions of all                                                                   
     Alaskans, I offer this prayer.                                                                                             
                                                                                                                                
     God, the giver of every good and perfect gift, we give you                                                                 
     thanks for the land and sea and sky and for the promise of this                                                            
     new day.  Help us to see the abundance all about us and to                                                                 
     distinguish between what we want and what we need.  We                                                                     
     give you thanks for the strength we have with which to strive                                                              
     and for the strength we do not have which keeps us humble                                                                  
     and more willing to receive help at others' hands.                                                                         
                                                                                                                                
     We ask your blessing upon these servants of the people and                                                                 
     upon all who support them in their work.  May wise counsel                                                                 
     free of vanity or pettiness instruct them.  Trusting in you, may                                                           
     we fear not the arrows of ill-fortune that fly by day or the                                                               

2009-03-02                     House Journal                      Page 0368
     pestilence which stalks by night.  Grant us courage to meet                                                                
     the challenges of our life and work with hearts undismayed                                                                 
     and with faith that does not waver.  And where injustice or                                                                
     calamity befalls another, give us the same ardor to right their                                                            
     cause as we would our own.  May we then, by your grace,                                                                    
     consecrate ourselves anew to the work our forebears began                                                                  
     with a constant aim and effort to bring ever nearer the day of                                                             
     liberty and justice for all.  Amen.                                                                                        
                                                                                                                                
The Pledge of Allegiance was led by Representative Gatto.                                                                       
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
                     ththst                                                                                                     
journal for the 39, 40, and 41 legislative days be approved as                                                                  
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 147                                                                                                                        
The Education Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 147                                                                                                         
     "An Act repealing the minimum expenditure for instruction                                                                  
     requirements for public schools."                                                                                          
                                                                                                                                
The report was signed by Representative Seaton, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Wilson, Buch, Seaton                                                                                              
                                                                                                                                
Do not pass (2):  Keller, Gardner                                                                                               
                                                                                                                                
No recommendation (1):  Munoz                                                                                                   
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, House Education Committee                                                                                             
                                                                                                                                

2009-03-02                     House Journal                      Page 0369
HB 147 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 - Maribeth Buechel                                                                                                     
By Senator Hoffman; Representative Edgmon                                                                                       
                                                                                                                                
In Memoriam - Ruth Tatqavin Sampson                                                                                             
By Representative Joule; Senator Olson                                                                                          
                                                                                                                                
**The presence of Representative Seaton was noted.                                                                              
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 22                                                                                                                        
HOUSE JOINT RESOLUTION NO. 22 by Representatives Seaton                                                                         
and Gruenberg:                                                                                                                  
                                                                                                                                
     Urging the United States Senate to ratify the United Nations                                                               
       Convention on the Law of the Sea (the Law of the Sea Treaty).                                                           
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 105                                                                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 105 by                                                                                    
Representative Coghill, entitled:                                                                                               
                                                                                                                                
     "An Act relating to the state training and employment program;                                                             
     and providing for an effective date."                                                                                      
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                

2009-03-02                     House Journal                      Page 0370
HB 162                                                                                                                        
HOUSE BILL NO. 162 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act establishing the Southeast State Forest and relating to the                                                        
     Southeast State Forest; and providing for an effective date."                                                              
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Natural Resources                                                                                            
                                                                                                                                
                                                                                                                                
The Governor's transmittal letter dated February 25, 2009, follows:                                                             
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill establishing the Southeast State                                                         
Forest and relating to the Southeast State Forest.  This legislation is                                                         
one important piece of our overall strategy to revitalize the timber                                                            
industry and expand wood energy in Southeast Alaska.                                                                            
                                                                                                                                
                                                                                                                                
This bill designates approximately 25,291 acres of state land as the                                                            
Southeast State Forest.  These lands are presently used for timber                                                              
harvest, but they are designated "General Use" land, and there is no                                                            
certainty that they will continue to be available for forest management                                                         
in future decades.  Establishing a Southeast State Forest enables the                                                           
division of forestry in the Department of Natural Resources to manage                                                           
this land to increase long-term timber supply for local processors and                                                          
wood energy needs, provide near-term jobs in thinning, and retain the                                                           
land in state ownership for multiple uses.                                                                                      
                                                                                                                                
In Southern Southeast (SSE) Alaska, demand for state timber exceeds                                                             
supply.  Most SSE timber is on federal land, but federal timber sales                                                           
have declined drastically.  Local mills now depend heavily on state                                                             

2009-03-02                     House Journal                      Page 0371
timber for survival.  The state is committed to finding long-term                                                               
solutions through cooperative efforts to increase economically feasible                                                         
federal timber sales, and maximizing the sustainable supply of timber                                                           
from the small state timber base.                                                                                               
                                                                                                                                
                                                                                                                                
Second-growth stands that have been thinned have higher volumes per                                                             
acre, less impact on wildlife, and shorter rotations.  However, thinning                                                        
is a long-term investment, and is only cost-effective if the land will                                                          
continue to be available for forest management.  A Southeast State                                                              
Forest will retain the land for long-term forest management, and                                                                
provide 8 - 10 jobs annually during the thinning season.                                                                        
                                                                                                                                
                                                                                                                                
The proposed Southeast State Forest includes 20 parcels totaling                                                                
approximately 25,291 acres.  Parcels are General Use lands on Prince                                                            
of Wales (8,708 acres), Tuxekan (200 acres), Kosciusko (2,680 acres),                                                           
Heceta (2,010 acres), Revilla (324 acres), and Gravina islands (5,878                                                           
acres), and on the mainland at Crittenden Creek and Bradfield Canal                                                             
(5,490 acres).                                                                                                                  
                                                                                                                                
                                                                                                                                
This land would be managed under the State Forest statutes located at                                                           
AS 41.17.200 - 41.17.230.  It would continue to be open for multiple                                                            
use, including wildlife harvest and recreational activities.  Current                                                           
Department of Natural Resources area plans will continue to direct                                                              
management until a specific plan, involving interagency and public                                                              
review, for the forest is adopted.  Of these designated lands,                                                                  
approximately 655 acres will be offered for harvest in the near term                                                            
(within the next two years).  The remainder will be scheduled for                                                               
harvest later, in accordance with the adopted management plan.                                                                  
                                                                                                                                
                                                                                                                                
Because the City and Borough of Wrangell has not yet selected its full                                                          
municipal entitlement, and some of the designated lands fall within its                                                         
municipal boundaries, the bill provides that selections may still be                                                            
made from those lands.  If new municipalities are recognized, this bill                                                         
will not affect their entitlement amounts, but will prevent these                                                               
designated lands from being selected.                                                                                           
                                                                                                                                

2009-03-02                     House Journal                      Page 0372
This bill is an important part of Alaska's effort to maintain timber as                                                         
part of the southeast economy.  I urge your prompt and favorable                                                                
action on this measure.                                                                                                         
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
HB 163                                                                                                                        
HOUSE BILL NO. 163 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act clarifying the purpose of the Alaska Natural Gas                                                                   
     Development Authority; and relating to definitions of certain                                                              
     terms in AS 41.41."                                                                                                        
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources and Finance Committees.                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Natural Resources                                                                                            
2.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
The Governor's transmittal letter dated February 27, 2009, follows:                                                             
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill clarifying the purpose of the                                                            
Alaska Natural Gas Development Authority; and relating to definitions                                                           
of certain terms in AS 41.41.                                                                                                   
                                                                                                                                
The Alaska Natural Gas Development Authority (ANGDA) is a                                                                       
corporation that was established in 2003 through a 2002 ballot                                                                  
initiative.  The authority was created with the intent of "developing,                                                          
constructing, managing, and operating a gas pipeline from the North                                                             
Slope of Alaska and a spur line to the Southcentral Alaska natural gas                                                          
distribution grid"  (Section 1, 2002 Ballot Measure No. 3).                                                                     
                                                                                                                                

2009-03-02                     House Journal                      Page 0373
The current law could be interpreted to limit ANGDA's primary                                                                   
mission to a pipeline from Prudhoe Bay to serve overseas export                                                                 
markets, with the possibility of a spur line to service Southcentral                                                            
Alaska.  Given Alaska's energy needs, the bill would clarify ANGDA's                                                            
mission to include providing for natural gas from sources anywhere                                                              
within the state to markets within Alaska.  Amendments to the                                                                   
definition of "project" and the addition of a definition for "North                                                             
Slope" would make it clear that a pipeline can extend from recent finds                                                         
in the Brooks Range foothills and other regions within the state and                                                            
that the gas may broadly serve Alaskan markets.                                                                                 
                                                                                                                                
With more flexibility regarding a pipeline's source of natural gas and                                                          
the markets for the gas, ANGDA will be in a better position to fulfill                                                          
its mission of developing an in-state gas line that best serves the                                                             
people of Alaska.  This proposed legislation, together with a separate                                                          
submittal today proposing to amend how rights-of-way for oil and gas                                                            
pipelines are regulated, will form the initial statutory framework for                                                          
the development of in state gasline for use by Alaskans.  Additionally,                                                         
the key action to bring a long term stable supply of Alaska gas to                                                              
Alaska consumers will be an action plan, and the people that                                                                    
implement that plan to jump start work immediately on an instate gas                                                            
pipeline.                                                                                                                       
                                                                                                                                
The action plan will include evaluation of options for routes, gas                                                              
resources and potential industrial and residential users;                                                                       
commencement of right-of-way and permitting work; preliminary                                                                   
engineering; and a firm timetable for accomplishing this work.  We                                                              
will provide details of this action plan in the next week.                                                                      
                                                                                                                                
I urge your prompt and favorable action on the bill.                                                                            
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
HB 164                                                                                                                        
HOUSE BILL NO. 164 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                

2009-03-02                     House Journal                      Page 0374
     "An Act relating to noncompetitive leases of state land and for                                                            
     rights-of-way for oil or natural gas pipelines that originate and                                                          
     terminate within the state and to the regulation and certification of                                                      
     those pipelines; relating to conditional certification for certain new                                                     
     natural gas pipelines; relating to definitions of "common carrier"                                                         
     and "firm transportation service" in the Pipeline Act."                                                                    
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources and Finance Committees.                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Zero, Dept. of Natural Resources                                                                                            
                                                                                                                                
The Governor's transmittal letter dated February 27, 2009, follows:                                                             
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to noncompetitive leases                                                        
of state land and for rights-of-way for oil or natural gas pipelines that                                                       
originate and terminate within the state and to the regulation and                                                              
certification of those pipelines; relating to conditional certification for                                                     
certain new natural gas pipelines; and relating to definitions of                                                               
"common carrier," and "firm transportation service" in the Pipeline                                                             
Act, AS 42.06.  The major provisions of the bill relate to covenants                                                            
attached to state right-of-way leases by the Department of Natural                                                              
Resources (DNR), certification by the Regulatory Commission of                                                                  
Alaska (RCA), and expanding the definition of "common carrier" with                                                             
respect to North Slope natural gas pipelines to include carriers that                                                           
offer both firm and interruptible transportation service.                                                                       
                                                                                                                                
Under current law, natural gas pipelines that cross state land, and                                                             
require a state right-of-way under the Alaska Right-of-Way Leasing                                                              
Act, AS 38.35, are subject to the covenants listed in AS 38.35.120.                                                             
The covenants include a requirement that those pipelines operate as                                                             
"common carriers."  Generally, common carrier pipelines must                                                                    
accommodate all shippers upon reasonable request, may not show                                                                  
undue preference or discrimination among similarly situated shippers,                                                           

2009-03-02                     House Journal                      Page 0375
and, if shippers' requests for service exceed the capacity of the                                                               
pipeline, must prorate shipper nominations.  These requirements can                                                             
foreclose pipeline carriers and shippers from fashioning long-term                                                              
capacity commitments.                                                                                                           
                                                                                                                                
Allowing common carriers to offer firm transportation service that is                                                           
not subject to prorated reductions can stimulate pipeline development                                                           
under certain circumstances.  The assurance of unimpeded access to                                                              
capacity is a strong inducement to shippers, and will anchor pipeline                                                           
construction and expansion.  Conversely, the lack of assurance to                                                               
access may discourage development.                                                                                              
                                                                                                                                
Sections 1 and 2 of the bill are technical conforming amendments.                                                               
                                                                                                                                
Section 3 of the bill would require that natural gas pipelines that                                                             
originate and terminate in the state, and that require a state right-of-                                                        
way lease, will meet conditions that favor expansion, and offer                                                                 
expansion rates that promote new entrants into the line.  This section is                                                       
modeled on many of the conditions required of applicants under                                                                  
AS 43.90.130 of the Alaska Gasline Inducement Act (AGIA).  For                                                                  
example, lessees would have to commit to periodic binding open                                                                  
seasons, commit to expanding on commercially reasonable terms, and                                                              
commit to rolled-in rates on expansions, subject to a ceiling of 15                                                             
percent of negotiated rates.  Lessees would also have to agree to hire                                                          
Alaska residents and contract with Alaska businesses to the extent                                                              
permitted by law, and commit to negotiate a project labor agreement to                                                          
the extent permitted by law.                                                                                                    
                                                                                                                                
Section 4 of the bill contains definitions of "commercially reasonable                                                          
terms" and "reasonable engineering increment" in order to make more                                                             
precise the expansion terms in sec. 3 of the bill.                                                                              
                                                                                                                                
Section 5 of the bill would clarify that the "open season" required of                                                          
North Slope natural gas pipeline carriers by the Pipeline Act applies                                                           
only to the extent that lease covenants under the Alaska Right-of-Way                                                           
Leasing Act do not contain "open season" provisions.  The RCA is                                                                
already empowered under AS 42.06.140(a)(2) to enforce lease                                                                     
covenants, including those that contain an "open season" process, so                                                            
compliance with the "open season" process in AS 42.06.240(f) would                                                              
be redundant.                                                                                                                   
                                                                                                                                

2009-03-02                     House Journal                      Page 0376
Section 6 of the bill would provide for conditional certification by the                                                        
RCA for pipelines that are in the public interest, and that otherwise                                                           
meet the requirements for granting a certificate of public convenience                                                          
and necessity, but that have not yet obtained financing or do not                                                               
possess firm transportation commitments, or both.  This provision                                                               
could, in some circumstances, provide greater predictability as to the                                                          
timing and outcome of the regulatory process, and may reduce the cost                                                           
and facilitate the development of a project by assuring potential                                                               
shippers and financing partners of ultimate regulatory approval.                                                                
                                                                                                                                
Section 7 of the bill would clarify that the RCA can require an                                                                 
exclusively in-state natural gas pipeline carrier to extend or enlarge its                                                      
facilities under standards found in the Alaska Right-of-Way Leasing                                                             
Act.  This would enable the RCA to enforce access to pipeline                                                                   
facilities for all prospective shippers as required by DNR in the leasing                                                       
process.                                                                                                                        
                                                                                                                                
Section 9 of the bill would modify the definition of "common carrier"                                                           
as it pertains to natural gas pipelines to include firm transportation                                                          
service and interruptible transportation service.  Coupled with sec. 8 of                                                       
the bill, which would redefine "firm transportation service," this                                                              
provision would allow, but would not require, natural gas pipeline                                                              
carriers to offer, and shippers to arrange, for firm transportation                                                             
service that would not be subject to curtailment except in the case of                                                          
reduced pipeline capacity.  Currently, common carriers may offer firm                                                           
transportation service, but if total tendered shipments exceed pipeline                                                         
capacity, shipments by all shippers must be curtailed pro rata.                                                                 
                                                                                                                                
This proposed legislation, together with a separate submittal today                                                             
proposing to broaden the responsibilities of the Alaska Natural Gas                                                             
Development Authority (ANGDA), will form the initial statutory                                                                  
framework for the development of in state gasline for use by Alaskans.                                                          
Additionally, the key action to bring a long term stable supply of                                                              
Alaska gas to Alaska consumers will be an action plan, and the people                                                           
that implement that plan to jump start work immediately on an instate                                                           
gas pipeline.                                                                                                                   
                                                                                                                                
The action plan will include evaluation of options for routes, gas                                                              
resources and potential industrial and residential users;                                                                       
commencement of right of way and permitting work; preliminary                                                                   

2009-03-02                     House Journal                      Page 0377
engineering; and a firm timetable for accomplishing this work.  We                                                              
will provide details of this action plan within the next week.                                                                  
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
HB 165                                                                                                                        
HOUSE BILL NO. 165 by Representative Coghill, entitled:                                                                         
                                                                                                                                
     "An Act increasing the compensation of members of the Alaska                                                               
     Public Offices Commission; and providing for an effective date."                                                           
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
**The presence of Representative Edgmon was noted.                                                                              
                                                                                                                                
HB 166                                                                                                                        
HOUSE BILL NO. 166 by Representatives Thomas, Johansen,                                                                         
Wilson, Kerttula, Austerman, and Munoz, entitled:                                                                               
                                                                                                                                
     "An Act relating to the Southeast energy fund."                                                                            
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Finance Committee.                                                                                               
                                                                                                                                
**The presence of Representative Gara was noted.                                                                                
                                                                                                                                
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                                                                                                                
                       SECOND READING OF HOUSE BILLS                                                                         
                                                                                                                                
HB 63                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                

2009-03-02                     House Journal                      Page 0378
     HOUSE BILL NO. 63                                                                                                          
     "An Act relating to the Council on Domestic Violence and Sexual                                                            
     Assault."                                                                                                                  
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 STA RPT CS(STA) 7DP                                                    243                                                     
 FN1: ZERO(COR)                                                         244                                                     
 FN2: (DPS)                                                             244                                                     
 FIN RPT CS(FIN) 9DP                                                    347                                                     
 FN1: ZERO(COR)                                                         348                                                     
 FN2: (DPS)                                                             348                                                     
 FN3: ZERO(DHS)                                                         348                                                     
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 63(FIN)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
CSHB 63(FIN) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 63(FIN) was read the third time.                                                                                           
                                                                                                                                
**The presence of Representative Foster was noted.                                                                              
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 63(FIN) pass the House?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 63(FIN)                                                                                                                    
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2009-03-02                     House Journal                      Page 0379
Yeas:  Austerman, Buch, Chenault, Cissna, Coghill, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                            
Munoz, Neuman, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas,                                                               
Tuck, Wilson                                                                                                                    
                                                                                                                                
Excused:  Joule, Olson                                                                                                          
                                                                                                                                
And so, CSHB 63(FIN) passed the House and was referred to the                                                                   
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                       THIRD READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 49                                                                                                                         
The following, which was advanced to third reading from the February                                                            
27, 2009, calendar (page 356), was read the third time:                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 49(JUD)                                                                                              
     "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."                                                                            
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
CSHB 49(JUD) be returned to second reading for the specific purpose                                                             
of considering Amendment No. 1.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered  by Representatives Holmes and                                                                       
Johnson:                                                                                                                        
                                                                                                                                
Page 1, lines 11 - 14:                                                                                                          
 Delete "In this subsection, "recreational structure" means a                                                               
permanent structure that is used by the owner or beneficiary of a                                                           
trust holding legal title to the structure as a dwelling for seasonal                                                       
recreational purposes."                                                                                                     
                                                                                                                                
Page 2, following line 15:                                                                                                      
 Insert a new bill section to read:                                                                                             
"* Sec. 3. AS 09.55.240(h) is amended by adding a new paragraph to                                                            
read:                                                                                                                           

2009-03-02                     House Journal                      Page 0380
              (6)  "recreational structure" means a permanent structure                                                         
     that                                                                                                                       
                  (A)  is used by the owner or beneficiary of a trust                                                           
         holding legal title to the structure as a dwelling for seasonal                                                        
         recreational purposes, as opposed to a rental, storage, or other                                                       
         commercial space; and                                                                                                  
                  (B)  may not have been constructed, placed, or                                                                
         occupied for the purpose of avoiding eminent domain                                                                    
         proceedings."                                                                                                          
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
The question being:  "Shall CSHB 49(JUD) am pass the House?"  The                                                               
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 49(JUD) am                                                                                                                 
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Coghill, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                            
Munoz, Neuman, Petersen, Ramras, Seaton, Stoltze, Thomas, Tuck,                                                                 
Wilson                                                                                                                          
                                                                                                                                
Excused:  Joule, Olson                                                                                                          
                                                                                                                                
Absent:  Salmon                                                                                                                 
                                                                                                                                
And so, CSHB 49(JUD) am passed the House and was referred to the                                                                
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                           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:                                                         
                                                                                                                                

2009-03-02                     House Journal                      Page 0381
Honoring - AWARE Women of Distinction                                                                                           
By Representatives Kerttula, Munoz, Chenault, Austerman, Buch,                                                                  
Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough,                                                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                                            
Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn,                                                               
Millett, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                              
Thomas, Tuck, Wilson; Senator Elton                                                                                             
                                                                                                                                
                                                         th                                                                     
Honoring - Senior Airman James Derrickson Jr., 354 Security Forces                                                              
Squadron, Eielson AFB Airman of the Year                                                                                        
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                    th                                                                                          
Honoring - Debra Mettille, 354 Force Support Squadron, Eielson                                                                  
AFB Civilian Program Manager of the Year                                                                                        
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                                        th                                                                      
Honoring - Staff Sergeant Robert Hammack, 354 Medical Group,                                                                    
Eielson AFB Honor Guardsman of the Year                                                                                         
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                           th                                                                                   
Honoring - Captain Oscar Olipane, 354 Medical Systems Squadron,                                                                 
Eielson AFB Flight Commander of the Year                                                                                        
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                                                

2009-03-02                     House Journal                      Page 0382
Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                             
Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen,                                                                 
Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson                                                                           
                                                                                                                                
                                                     th                                                                         
Honoring - Master Sergeant Brian Fairchild, 354 Medical Operations                                                              
Squadron, Eielson AFB Senior NCO of the Year                                                                                    
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                                         th                                                                     
Honoring - Technical Sergeant Heath Tempel, 354 Civil Engineer                                                                  
Squadron, Eielson AFB NCO of the Year                                                                                           
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                                          th                                                                    
Honoring - First Sergeant Michelle Vanderbunt, 354 Force Support                                                                
Squadron, Eielson AFB First Sergeant of the Year                                                                                
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                    th                                                                                          
Honoring - Jimmie Denton, 354 Civil Engineer Squadron, Eielson                                                                  
AFB Civilian Supervisor of the Year                                                                                             
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                

2009-03-02                     House Journal                      Page 0383
Honoring - Patricia Ward, 354 Force Support Squadron, Eielson AFB                                                               
Civilian Technician of the Year                                                                                                 
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                 rd                                                                                             
Honoring - Shirl Hafner, 353 Combat Training Squadron, Eielson                                                                  
AFB Civilian Specialist of the Year                                                                                             
By Senator Therriault; Representatives Harris, Chenault, Austerman,                                                             
Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon,                                                                     
Fairclough, Foster, 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                                                                           
                                                                                                                                
                                                                                                                                
                            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 Crawford - from 2:00 p.m., March 2 to noon, plane                                                                
time, March 8                                                                                                                   
                                                                                                                                
Representative Kawasaki - from morning plane time, March 3 to                                                                   
morning plane time, March 8                                                                                                     
                                                                                                                                
Representative Tuck - from 8:00 a.m., March 3 to noon, plane time,                                                              
March 8                                                                                                                         
                                                                                                                                
Representative Edgmon - from morning plane time, March 3 to                                                                     
morning plane time, March 9                                                                                                     
                                                                                                                                
Representative Buch - from 8:00 a.m., March 3 to noon, plane time,                                                              
March 8                                                                                                                         
                                                                                                                                

2009-03-02                     House Journal                      Page 0384
Representative Ramras - from 8:00 a.m., March 3 to evening plane                                                                
time, March 8                                                                                                                   
                                                                                                                                
Representative Holmes - from morning plane time, March 3 to                                                                     
evening plane time, March 8                                                                                                     
                                                                                                                                
Representative Johnson - from 6:00 a.m., March 3 to evening plane                                                               
time, March 8                                                                                                                   
                                                                                                                                
Representative Kerttula - from 5:00 a.m., March 6 to 9:30 a.m., plane                                                           
time, March 10                                                                                                                  
                                                                                                                                
Representative Millett - from 7:00 a.m., March 3 to 1:30 p.m., plane                                                            
time, March 9                                                                                                                   
                                                                                                                                
Representative Wilson - from 2:00 p.m., March 3 to evening plane                                                                
time, March 11                                                                                                                  
                                                                                                                                
Representative Johansen - from 7:00 a.m., March 3 to afternoon plane                                                            
time, March 9                                                                                                                   
                                                                                                                                
                                                                                                                                
Representative Salmon - from 12:45 p.m., March 4 to morning plane                                                               
time, March 9                                                                                                                   
                                                                                                                                
Representative Harris - from evening plane time, March 4 to morning                                                             
plane time, March 9                                                                                                             
                                                                                                                                
Representative Coghill - from 7:00 a.m., March 4 to 2:00 p.m.,                                                                  
March 8                                                                                                                         
                                                                                                                                
Representative Doogan - from afternoon plane time, March 4 to                                                                   
evening plane time, March 8                                                                                                     
                                                                                                                                
Representative Chenault - from 2:15 p.m., March 4 to 1:30 p.m.,                                                                 
March 8                                                                                                                         
                                                                                                                                
Representative Neuman - from morning plane time, March 4 to                                                                     
afternoon plane time, March 8                                                                                                   
                                                                                                                                

2009-03-02                     House Journal                      Page 0385
Representative Fairclough - from morning plane time, March 4 to                                                                 
evening plane time, March 8                                                                                                     
                                                                                                                                
Representative Petersen - from 6:00 a.m., March 4 to evening plane                                                              
time, March 8                                                                                                                   
                                                                                                                                
Representative Gardner - from afternoon plane time, March 2 to                                                                  
afternoon plane time, March 8                                                                                                   
                                                                                                                                
Representative Gara - from 5:00 p.m., March 4 to evening plane time,                                                            
March 8                                                                                                                         
                                                                                                                                
Representative Olson - from afternoon plane time, March 5 to evening                                                            
plane time, March 8                                                                                                             
                                                                                                                                
Representative Austerman - from 12:30 p.m., March 5 to evening                                                                  
plane time, March 8                                                                                                             
                                                                                                                                
Representative Gatto - from 11:00 a.m., March 5 to evening plane                                                                
time, March 11                                                                                                                  
                                                                                                                                
HJR 10                                                                                                                        
The Speaker waived the State Affairs Committee referral for the                                                                 
following at the request of Representative Lynn, Chair:                                                                         
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 10                                                                                              
     Urging the United States Congress to improve health care for                                                               
     veterans.                                                                                                                  
                                                                                                                                
HJR 10 was removed from the State Affairs Committee and referred to                                                             
the Health & Social Services Committee.                                                                                         
                                                                                                                                
HB 99                                                                                                                         
The Speaker waived the State Affairs Committee referral for the                                                                 
following at the request of Representative Lynn, Chair:                                                                         
                                                                                                                                
     HOUSE BILL NO. 99                                                                                                          
     "An Act relating to providing a death certificate for a deceased                                                           
     veteran without charge; relating to a program to honor the                                                                 
     memory of a deceased veteran; and providing for an effective                                                               
     date."                                                                                                                     

2009-03-02                     House Journal                      Page 0386
HB 99 was removed from the State Affairs Committee and referred to                                                              
the Finance Committee.                                                                                                          
                                                                                                                                
                                                                                                                                
HCR 10                                                                                                                        
Representative Kelly added his name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 10                                                                                         
     Urging the Governor to file an action to restrain the United States                                                        
     Department of the Interior, National Park Service, from intruding                                                          
     on the sovereign right of the state to exercise jurisdiction over                                                          
     navigable water and submerged land and urging the Governor to                                                              
     allocate sufficient resources to the Department of Law, the                                                                
     Department of Natural Resources, and the Department of Fish and                                                            
     Game to defend the state's right to manage the public use of its                                                           
     navigable water.                                                                                                           
                                                                                                                                
HB 13                                                                                                                         
Representative Lynn removed his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 13                                                                                                          
     "An Act relating to property crimes."                                                                                      
                                                                                                                                
                                                                                                                                
HB 49                                                                                                                         
Representatives Lynn and Tuck added their names as cosponsors to:                                                               
                                                                                                                                
     CS FOR HOUSE BILL NO. 49(JUD) am                                                                                           
     "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."                                                                            
                                                                                                                                
HB 63                                                                                                                         
Representatives Kerttula, Johnson, Neuman, Millett, Buch, and Tuck                                                              
added their names as cosponsors to:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 63(FIN)                                                                                              
     "An Act relating to the Council on Domestic Violence and Sexual                                                            
     Assault."                                                                                                                  
                                                                                                                                

2009-03-02                     House Journal                      Page 0387
                                ENGROSSMENT                                                                                  
                                                                                                                                
HB 49                                                                                                                         
CSHB 49(JUD) am was engrossed, signed by the Speaker and Chief                                                                  
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
HB 63                                                                                                                         
CSHB 63(FIN) was engrossed, signed by the Speaker and Chief Clerk,                                                              
and transmitted to the Senate for consideration.                                                                                
                                                                                                                                
                        ENGROSSMENT AND ENROLLMENT                                                                           
                                                                                                                                
HR 6                                                                                                                          
The following was engrossed and enrolled, signed by the Speaker and                                                             
Chief Clerk, and the engrossed and enrolled copies were transmitted to                                                          
the Office of the Governor at 3:55 p.m., February 27, 2009:                                                                     
                                                                                                                                
     CS FOR HOUSE RESOLUTION NO. 6(FIN)                                                                                         
     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 advance mental health                                                                
     services and employment opportunities that protect and enhance                                                             
     the lives of those who benefit from the mental health trust.                                                               
                                                                                                                                
     House Resolve No. 6                                                                                                        
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 10:00 a.m., March 5, 2009, for a technical session.                                                         
There being no objection, the House adjourned at 11:54 a.m.                                                                     
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk