Legislature(2009 - 2010)
2009-04-19 House Journal
Full Journal pdf2009-04-19 House Journal Page 1123 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE - FIRST SESSION Juneau, Alaska Sunday April 19, 2009 Ninetieth Day The House was called to order by Speaker Chenault at 3:08 p.m. Roll call showed 39 members present. Representative Harris was absent and his presence was noted later. The invocation was offered by the Chaplain, Representative Coghill. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. First, I want to let each person in this legislature know that I appreciate them and honor them for their service to our state. I also know that we each have our own spiritual journey so I offer this prayer from my faith in God. My God and Father, I thank you for life, for liberty, for freedom, and this beautiful land to adventure in. I am grateful for each member of this chamber, for their servant's heart, for representing every person in our state, for the relationships we have formed throughout this session. When I think that we are always in the sight of your just and kind eye, I request that you guide us to the most noble in our decision making. I pray for the people of this state, for the needy and well off, for the business owners and employees, for all the many givers that help our home areas great to be a part of. 2009-04-19 House Journal Page 1124 As we return to our homes and families, we look for your blessing and guidance in the continued work before us. We want to do good for the people we represent, and we recognize our need for divine help to perform our duties. We are grateful to be a part of this institution and look to you for grace to help us in our work today. I pray in the name I trust and follow, my Savior Jesus Christ. Amen. The Pledge of Allegiance was led by Representative Wilson. CERTIFICATION OF THE JOURNAL Representative Johansen moved and asked unanimous consent that the th journal for the 89 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 10 A message dated April 18, 2009, was read stating the Senate passed: CS FOR HOUSE JOINT RESOLUTION NO. 10(HSS) Urging the United States Congress to improve health care for veterans. CSHJR 10(HSS) was referred to the Chief Clerk for enrollment. HJR 25 A message dated April 18, 2009, was read stating the Senate passed: CS FOR HOUSE JOINT RESOLUTION NO. 25(ENE) am Urging the United States Congress to classify hydroelectric power as a renewable and alternative energy source. CSHJR 25(ENE) am was referred to the Chief Clerk for enrollment. HB 26 A message dated April 18, 2009, was read stating the Senate passed: 2009-04-19 House Journal Page 1125 HOUSE BILL NO. 26 "An Act repealing the repeal of preventative and restorative adult dental services reimbursement under Medicaid; providing for an effective date by repealing the effective date of sec. 3, ch. 52, SLA 2006; and providing for an effective date." HB 26 was referred to the Chief Clerk for enrollment. HB 78 A message dated April 18, 2009, was read stating the Senate passed: HOUSE BILL NO. 78 "An Act extending the termination date of the Board of Public Accountancy; and providing for an effective date." HB 78 was referred to the Chief Clerk for enrollment. HB 121 A message dated April 18, 2009, was read stating the Senate passed: CS FOR HOUSE BILL NO. 121(FIN) "An Act relating to and authorizing certain municipalities to provide a property tax credit for an improvement that aids in improving air quality." CSHB 121(FIN) was referred to the Chief Clerk for enrollment. HB 141 A message dated April 18, 2009, was read stating the Senate passed: HOUSE BILL NO. 141 "An Act relating to the Interstate Compact for Juveniles; relating to the State Council for Interstate Adult and Juvenile Offender Supervision; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and providing for an effective date." HB 141 was referred to the Chief Clerk for enrollment. HB 221 A message dated April 18, 2009, was read stating the Senate passed: 2009-04-19 House Journal Page 1126 CS FOR HOUSE BILL NO. 221(L&C) "An Act relating to the state's participation in the federal Nationwide Mortgage Licensing System and Registry, and to mortgage lending regulation and licensing; and providing for an effective date." CSHB 221(L&C) was referred to the Chief Clerk for enrollment. HB 222 A message dated April 18, 2009, was read stating the Senate passed: HOUSE BILL NO. 222(title am) "An Act prohibiting discrimination by health care insurers based on genetic information; providing special enrollment requirements related to Medicaid and state child health plan coverage; requiring a health care insurer to offer coverage for the treatment of alcoholism or drug abuse; providing continuity of coverage for college students during medically necessary leaves of absence from college; requiring health care insurers in the group market to provide parity in the application of mental health and substance abuse benefits that comply with federal requirements; amending the definition of 'dentist' to include out-of-state dentists for purposes of certain dental insurance requirements; and providing for an effective date." HB 222(title am) was referred to the Chief Clerk for enrollment. HJR 27 A message dated April 19, 2009, was read stating the Senate passed CSHJR 27(RES) with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 27(2d RES) Relating to sovereign powers of the state. CSHJR 27(RES) is under Unfinished Business. HB 215 A message dated April 19, 2009, was read stating the Senate passed: 2009-04-19 House Journal Page 1127 CS FOR HOUSE BILL NO. 215(EDC) "An Act repealing school experience for salary scales provisions." with the following amendment, and it is transmitted for consideration: CS FOR HOUSE BILL NO. 215(EDC) am S An Act suspending for two years the operation of school experience factors applicable to salary scales provisions." (SCR 11 - title change resolution) CSHB 215(EDC) is under Unfinished Business. SB 96 A message dated April 18, 2009, was read stating the Senate concurred in the House amendment to CSSB 96(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 96(FIN) "An Act relating to nonpayment of child support, to the definition of the term 'state' for the purposes of the Uniform Interstate Family Support Act, to certain judicial and administrative orders for medical support of a child, to periodic review and adjustment of child support orders, to relief from administrative child support orders, to child support arrearages, and to medical support of a child and the Alaska Native family assistance program; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." SB 133 A message dated April 19, 2009, was read stating the Senate concurred in the House amendment to CSSB 133(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 133(FIN) "An Act creating a statewide electronic health information exchange system; and providing for an effective date." SB 148 A message dated April 18, 2009, was read stating the Senate concurred in the House amendment to CSSB 148(JUD), thus adopting: 2009-04-19 House Journal Page 1128 HOUSE CS FOR CS FOR SENATE BILL NO. 148(TRA) "An Act relating to limitation of state liability on certain federal highway programs; and providing for an effective date." SB 183 A message dated April 19, 2009, was read stating the Senate concurred in the House amendment to: SENATE BILL NO. 183 "An Act authorizing the Department of Environmental Conservation to award grants for the control of air emissions or the development and administration of air quality control programs; and providing for an effective date." thus adopting: HOUSE CS FOR SENATE BILL NO. 183(FIN) "An Act amending the qualifications of ocean rangers who monitor marine discharge and pollution requirements aboard large commercial passenger vessels; authorizing the Department of Environmental Conservation to award grants for the control of air emissions or the development and administration of air quality control programs; and providing for an effective date." (HCR 17 - title change resolution) A message dated April 19, 2009, was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 11 SENATE CONCURRENT RESOLUTION NO. 11 by Senator Huggins: 2009-04-19 House Journal Page 1129 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 215, repealing school experience for salary scales provisions. was read the first time and take up later as a Special Order of Business. COMMUNICATIONS Letters of disclosure, as required by AS 24.60, will be published in House Journal Supplement No. 2 and House and Senate Joint Journal Supplement No. 7. INTRODUCTION OF CITATIONS The following citations were introduced and taken up later as a Special Order of Business: Honoring - Senate Sergeant-at-Arms, Senate Assistant Sergeant-at- Arms, Senate Pages By Senators Huggins, Stevens In Memoriam - Joy Cook By Representative Coghill; Senator Therriault INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 4 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 4 by Representative Crawford: Proposing amendments to the Constitution of the State of Alaska relating to the office of attorney general. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. 2009-04-19 House Journal Page 1130 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 246 HOUSE BILL NO. 246 by Representatives Neuman, Johnson, and Keller, entitled: "An Act relating to the licensing and regulation of sport fishing operators and sport fishing guides and licensing and registration of sport fishing vessels; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR In accordance with Rule 30(b) of the Uniform Rules, the Speaker announced that reconsideration was not available on the 90th legislative day. Under Uniform Rule 31(a) the motion to rescind is in order. In accordance with Rule 43(b) of the Uniform Rules, the Speaker announced that engrossment may be waived on the bills on today's calendar. **The presence of Representative Harris was noted. RECONSIDERATION SB 75 Representative Stoltze brought up reconsideration of the vote on HCS CSSB 75(FIN) (page 1112). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 75(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; and providing for an effective date." 2009-04-19 House Journal Page 1131 Representative Gara moved and asked unanimous consent that HCS CSSB 75(FIN) be returned to second reading for the specific purpose of considering Amendment Nos. 2 and 3. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Gara: Add: "Department: Health and Human Services Appropriation: Office of Children's Services Allocation: Education & Training Voucher and Presidential Tuition Waivers; Preparation for Adult Living (PAL); Transitional Housing Assistance $1,090,000, GF, 1004" Delete: "Department: Commerce, Community, and Economic Development Appropriation: Grants to Municipalities Allocation: Port of Anchorage Expansion $1,090,000, GF, 1004" Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. Representative Gara moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Gara: Page 63, following line 31: Insert new subsections to read: "(f) The sum of $1,111,914,700 is appropriated from the general fund to the public education fund (AS 14.17.300). (g) An amount equal to 20 percent of the revenue collected under AS 43.55.011(g) in calendar year 2008, not to exceed $60,000,000, is appropriated from the general fund to the community revenue sharing fund." 2009-04-19 House Journal Page 1132 Page 83, lines 18 - 20: Delete all material and insert: "(c) If the unrestricted state revenue available for appropriation in fiscal year 2010 is insufficient to cover general fund appropriations made for fiscal year 2010, the amount necessary to balance revenue and general fund appropriations is appropriated from the budget reserve fund (AS 37.05.540) to the general fund. (d) If, after the appropriation made in (c) of this section, the unrestricted state revenue available for appropriation in fiscal year 2010 is insufficient to cover the general fund appropriations that take effect in fiscal year 2010, the amount necessary to balance revenue and general fund appropriations is appropriated from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the general fund. (e) The appropriation made by (d) of this section is made under art. IX, sec. 17(c), Constitution of the State of Alaska." Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. Representative Gara moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. The question to be reconsidered: "Shall HCS CSSB 75(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 75(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Chenault, Coghill, Dahlstrom, Edgmon, Fairclough, Foster, Gatto, Harris, Hawker, Herron, Johansen, Johnson, Joule, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Salmon, Seaton, Stoltze, Wilson Nays: Buch, Cissna, Crawford, Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Petersen, Tuck 2009-04-19 House Journal Page 1133 Absent: Thomas And so, HCS CSSB 75(FIN) passed the House on reconsideration. Representative Johansen moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 75(FIN)--RECONSIDERATION Third Reading Effective Date YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Edgmon, Fairclough, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson Nays: Buch, Doogan, Gara, Holmes And so, the effective date clause was adopted. HCS CSSB 75(FIN) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF SENATE BILLS SB 72 The following was read the second time: CS FOR SENATE BILL NO. 72(STA) "An Act relating to use of child safety seats and seat belts." with the: Journal Page TRA RPT HCS(TRA) 3DP 2NR 548 FN1: ZERO(DOT) 549 STA RPT HCS(STA) 3DP 1NR 3AM 924 2009-04-19 House Journal Page 1134 FN1: ZERO(DOT) 924 FIN RPT HCS(FIN) 4DP 4NR 1087 FN1: ZERO(DOT) 1087 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 72(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Holmes, Fairclough, Hawker, Joule, Kelly, Seaton Thomas, and Gruenberg: Page 2, line 15: Delete "and" Insert "or" Representative Holmes moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 72(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 72(FIN) am H was read the third time. The question being: "Shall HCS CSSB 72(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 72(FIN) am H Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, 2009-04-19 House Journal Page 1135 Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Olson, Petersen, Salmon, Seaton, Tuck, Wilson Nays: Gatto, Millett, Neuman, Stoltze, Thomas Absent: Johnson, Ramras And so, HCS CSSB 72(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 1 The following, which was advanced to third reading from the April 18, 2009, calendar (page 1092), was read the third time: CS FOR SENATE BILL NO. 1(FIN) "An Act increasing the minimum hourly wage; and providing for an effective date." Representative Petersen moved and asked unanimous consent that CSSB 1(FIN) 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 Petersen and Gardner: Page 1, lines 3 - 13: Delete all material and insert: "* Section 1. AS 23.10.065(a) is amended to read: (a) Except as provided under (b) of this section and as otherwise provided for in law, for work performed on or after January 1, 2010 [2003], an employer shall pay to each employee wages at a rate of not less than the wage established in this subsection [$7.15 AN HOUR] for hours worked in a pay period, whether the work is measured by time, piece, commission, or otherwise. An employer may not apply tips or gratuities bestowed upon employees as a credit toward payment of the minimum hourly wage required by this section. Tip credit as defined by the Fair Labor Standards Act of 1938 as amended does not apply to 2009-04-19 House Journal Page 1136 the minimum wage established by this section. The minimum hourly wage under this subsection is $7.85 an hour for work performed on or after January 1, 2010; however, for work performed in years after December 31, 2010, the minimum hourly wage under this subsection is the greater of (1) $1 more an hour than the federal minimum wage; or (2) $8.60 an hour for work performed on or after January 1, 2011, and $9.45 an hour for work performed on or after January 1, 2012; thereafter, the department shall, by regulation, not later than September 30 of each calendar year, adjust the minimum hourly wage established in this paragraph for inflation effective for the following calendar year; the adjusted minimum hourly wage shall be the most recent wage under this paragraph adjusted for 100 percent of the rate of inflation based on the Consumer Price Index for all urban consumers for the Anchorage metropolitan area, compiled by the Bureau of Labor Statistics, United States Department of Labor; the department shall round the adjusted minimum hourly wage up to the nearest one cent; the adjusted minimum hourly wage shall apply to work performed beginning on January 1 through December 31 of the year for which it is effective, and the first adjustment takes effect January 1, 2013. * Sec. 2. This Act takes effect January 1, 2010." Representative Petersen moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Olson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 1(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 2009-04-19 House Journal Page 1137 Yeas: Austerman, Buch, Cissna, Crawford, Doogan, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Kawasaki, Kerttula, Lynn, Petersen, Salmon, Tuck Nays: Chenault, Coghill, Dahlstrom, Edgmon, Fairclough, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Millett, Munoz, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson And so, Amendment No. 1 was not adopted. Representative Tuck moved and asked unanimous consent that CSSB 1(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Tuck and Gardner: Page 1, line 7: Delete "and thereafter" Page 1, line 8, following "wage": Insert "for the calendar year beginning January 1, 2010, and not less than $1.10 an hour more than the federal minimum wage after December 31, 2010" Representative Tuck moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Olson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 1(FIN) Second Reading Amendment No. 2 YEAS: 16 NAYS: 21 EXCUSED: 0 ABSENT: 3 Yeas: Buch, Cissna, Crawford, Doogan, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Kawasaki, Kerttula, Lynn, Petersen, Salmon, Tuck 2009-04-19 House Journal Page 1138 Nays: Austerman, Chenault, Coghill, Dahlstrom, Edgmon, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson Absent: Fairclough, Millett, Munoz And so, Amendment No. 2 was not adopted. CSSB 1(FIN) was automatically in third reading. Representatives Ramras and Gara moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall CSSB 1(FIN) pass the House?" The roll was taken with the following result: CSSB 1(FIN) Third Reading Final Passage YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Coghill, Dahlstrom, Edgmon, Fairclough, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson Nays: Buch, Crawford, Doogan, Gardner, Kerttula And so, CSSB 1(FIN) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 1(FIN) was signed by the Speaker and Chief Clerk, and returned to the Senate. 2009-04-19 House Journal Page 1139 SB 59 The Speaker stated that, without objection, the following, which was advanced to third reading from the April 18, 2009, calendar (page 1095), would be returned to the Rules Committee: HOUSE CS FOR CS FOR SENATE BILL NO. 59(TRA) "An Act relating to the operation of low-speed vehicles." SB 88 The following, which was advanced to third reading from the April 18, 2009, calendar (page 1100), was read the third time: SENATE BILL NO. 88 "An Act repealing certain provisions relating to modifying the factors that apply to calculate the amount of power cost equalization; providing for an effective date by repealing the effective date of sec. 3, ch. 2, 4SSLA 2008; and providing for an effective date." The question being: "Shall SB 88 pass the House?" The roll was taken with the following result: SB 88 Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson Nays: Kelly And so, SB 88 passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2009-04-19 House Journal Page 1140 SB 88 was signed by the Speaker and Chief Clerk, and returned to the Senate. SB 116 The following, which was advanced to third reading from the April 18, 2009, calendar (page 1101), was read the third time: CS FOR SENATE BILL NO. 116(FIN) "An Act making a special appropriation for energy assistance for Alaska residents; and providing for an effective date." The question being: "Shall CSSB 116(FIN) pass the House?" The roll was taken with the following result: CSSB 116(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson Absent: Foster And so, CSSB 116(FIN) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 116(FIN) was signed by the Speaker and Chief Clerk, and returned to the Senate. The Speaker stated that, without objection, the House would recess until 6:00 p.m.; and so, the House recessed at 5:12 p.m. 2009-04-19 House Journal Page 1141 AFTER RECESS The Speaker called the House back to order at 6:14 p.m. THIRD READING OF SENATE BILLS (continued) SB 177 The following, which was advanced to third reading from the April 18, 2009, calendar (page 1107), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) "An Act relating to an exception for professional fishing guide services in the Kenai River Special Management Area; relating to the licensing and regulation of sport fishing operators and sport fishing guides and licensing and registration of sport fishing vessels; and providing for an effective date." The question being: "Shall HCS CSSB 177(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 177(FIN) Third Reading Final Passage YEAS: 28 NAYS: 3 EXCUSED: 0 ABSENT: 9 Yeas: Austerman, Buch, Chenault, Doogan, Fairclough, Foster, Gardner, Gatto, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, Wilson Nays: Coghill, Dahlstrom, Stoltze Absent: Cissna, Crawford, Edgmon, Gara, Gruenberg, Kawasaki, Kelly, Kerttula, Munoz Dahlstrom changed from "Yea" to "Nay". And so, HCS CSSB 177(FIN) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2009-04-19 House Journal Page 1142 HCS CSSB 177(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HR 11 The following, which was held from the April 18, 2009, calendar (page 1115), was read the second time: HOUSE RESOLUTION NO. 11 Requesting the Department of Natural Resources and the Department of Revenue to prepare biannual reports to the legislature on the status of the project licensed under the Alaska Gasline Inducement Act. Representative Ramras moved and asked unanimous consent to withdraw HR 11. There being no objection, it was so ordered. THIRD READING OF SENATE RESOLUTIONS SJR 3 The following, which was advanced to third reading from the April 18, 2009, calendar (page 1116), was read the third time: SENATE JOINT RESOLUTION NO. 3 Relating to carrying firearms in national parks. The question being: "Shall SJR 3 pass the House?" The roll was taken with the following result: SJR 3 Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson 2009-04-19 House Journal Page 1143 Nays: Doogan Absent: Gruenberg, Kelly, Kerttula, Munoz Buch changed from "Nay" to "Yea". And so, SJR 3 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. LEGISLATIVE CITATIONS Representative Johansen moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - House Sergeant-at-Arms, House Assistant Sergeant-at- Arms, House Pages By Representatives Coghill, Chenault, Johansen, Austerman, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson Honoring - Valdez Fisheries Development Association's Solomon Falls Seafoods, Alaska Symphony of Seafood Winner By Representatives Harris, Chenault, Austerman, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson; Senator Therriault Honoring - Kenneth and Janetta Hughes By Senator Huggins; Representatives Neuman, Gatto, Keller, Chenault, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson 2009-04-19 House Journal Page 1144 The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 113 A message received at 5:40 p.m., April 19, 2009, was read stating the Senate passed: CS FOR HOUSE BILL NO. 113(FIN) am(brf sup maj fld) "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 113(FIN) "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) CONCUR IN SENATE AMENDMENTS HB 113 Representative Johansen moved and asked unanimous consent that the House consider the Senate message. There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 113(FIN) am(brf sup maj fld), thus adopting SCS CSHB 113(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 113(FIN) am(brf sup maj fld)?" The roll was taken with the following result: 2009-04-19 House Journal Page 1145 SCS CSHB 113(FIN) Concur YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Coghill, Dahlstrom, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson Nays: Buch, Crawford, Doogan, Holmes And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Johansen moved that the appropriations in Section 21 from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska) be adopted. The question being: "Shall the House adopt the appropriations in Section 21 from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska)?" The roll was taken with the following result: SCS CSHB 113(FIN) Concur Constitutional Budget Reserve Appropriations YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Coghill, Dahlstrom, Edgmon, Fairclough, Foster, Gatto, Harris, Hawker, Herron, Johansen, Johnson, Joule, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson Nays: Buch, Cissna, Crawford, Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Petersen, Salmon, Tuck And so, lacking the required 30 votes, the appropriations from the constitutional budget reserve fund in Section 21 were not adopted, and the new title follows: 2009-04-19 House Journal Page 1146 SENATE CS FOR CS FOR HOUSE BILL NO. 113(FIN)(brf sup maj fld H) "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." The Chief Clerk notified the Senate. SCS CSHB 113(FIN)(brf sup maj fld H) was referred to the Chief Clerk for enrollment. HB 199 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1084) on the following: CS FOR HOUSE BILL NO. 199(FIN) am "An Act making appropriations, including supplemental appropriations and capital appropriations; amending appropriations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN) (same title) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 199(FIN) am, thus adopting SCS CSHB 199(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 199(FIN) am?" The roll was taken with the following result: SCS CSHB 199(FIN) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2009-04-19 House Journal Page 1147 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk notified the Senate. SCS CSHB 199(FIN) was referred to the Chief Clerk for enrollment. HB 215 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1127) on the following: CS FOR HOUSE BILL NO. 215(EDC) "An Act repealing school experience for salary scales provisions." and CS FOR HOUSE BILL NO. 215(EDC) am S "An Act suspending for two years the operation of school experience factors applicable to salary scales provisions." (SCR 11 - title change resolution) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 215(EDC), thus adopting CSHB 215(EDC) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 215(EDC)?" The roll was taken with the following result: 2009-04-19 House Journal Page 1148 CSHB 215(EDC) am S Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. The Chief Clerk notified the Senate. CSHB 215(EDC) am S was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 11 Representative Johansen moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 11 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 215, repealing school experience for salary scales provisions. There being no objection, it was so ordered. The question being: "Shall SCR 11 pass the House?" The roll was taken with the following result: SCR 11 Special Order of Business YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, 2009-04-19 House Journal Page 1149 Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, SCR 11 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 63 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1096) on the following: CS FOR HOUSE BILL NO. 63(FIN) "An Act relating to the Council on Domestic Violence and Sexual Assault." and SENATE CS FOR CS FOR HOUSE BILL NO. 63(FIN) "An Act relating to the Council on Domestic Violence and Sexual Assault; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 63(FIN), thus adopting SCS CSHB 63(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 63(FIN)?" The roll was taken with the following result: SCS CSHB 63(FIN) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, 2009-04-19 House Journal Page 1150 Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk notified the Senate. SCS CSHB 63(FIN) was referred to the Chief Clerk for enrollment. HB 177 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1084) on the following: CS FOR HOUSE BILL NO. 177(L&C) "An Act relating to marine products and motorized recreational products; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 177(L&C) "An Act relating to marine products and motorized recreational products; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 177(L&C), thus adopting SCS CSHB 177(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 177(L&C)?" The roll was taken with the following result: 2009-04-19 House Journal Page 1151 SCS CSHB 177(L&C) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. The Chief Clerk notified the Senate. SCS CSHB 177(L&C) was referred to the Chief Clerk for enrollment. HB 102 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1097) on the following: CS FOR HOUSE BILL NO. 102(JUD) "An Act relating to the Uniform Commercial Code, to the general provisions of the Uniform Commercial Code, to documents of title under the Uniform Commercial Code, to the Uniform Electronic Transactions Act, to lease-purchases of personal property, to the contractual duty to act fairly and in good faith, and to carrier, warehouse, and animal care liens; amending Rules 403 and 902, Alaska Rules of Evidence; and providing for an effective date." and 2009-04-19 House Journal Page 1152 SENATE CS FOR CS FOR HOUSE BILL NO. 102(JUD) "An Act relating to the Uniform Commercial Code, to the general provisions of the Uniform Commercial Code, to documents of title under the Uniform Commercial Code, to the Uniform Electronic Transactions Act, to lease-purchases of personal property, to the contractual duty to act fairly and in good faith, and to carrier, warehouse, and livestock care liens; amending Rules 403 and 902, Alaska Rules of Evidence; and providing for an effective date." (SCR 9 - title change resolution) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 102(JUD), thus adopting SCS CSHB 102(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 102(JUD)?" The roll was taken with the following result: SCS CSHB 102(JUD) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. 2009-04-19 House Journal Page 1153 The Chief Clerk notified the Senate. SCS CSHB 102(JUD) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 9 Representative Johansen moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 9 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 102, relating to the Uniform Commercial Code, to the general provisions of the Uniform Commercial Code, to documents of title under the Uniform Commercial Code, to the Uniform Electronic Transactions Act, to lease-purchases of personal property, to the contractual duty to act fairly and in good faith, and to carrier, warehouse, and animal care liens; and amending Rules 403 and 902, Alaska Rules of Evidence. There being no objection, it was so ordered. The question being: "Shall SCR 9 pass the House?" The roll was taken with the following result: SCR 9 Special Order of Business YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, SCR 9 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 2009-04-19 House Journal Page 1154 CONCUR IN SENATE AMENDMENTS HB 175 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1097) on the following: CS FOR HOUSE BILL NO. 175(L&C) "An Act relating to insurance, including treating as confidential certain information submitted to the director of insurance by the National Association of Insurance Commissioners; clarifying conditions for the release of insurer deposits; defining travel insurance that may be sold under a travel insurance limited producer license; establishing criteria for licensing of nonresident independent adjusters as resident adjusters; exempting rewards under a wellness program from treatment as insurance discrimination or rebating; making certain insurance required of the Comprehensive Health Insurance Association permissive rather than mandatory; making certain provisions relating to statements on applications and guaranteed renewability for individual health insurance applicable to hospital and medical service corporations; making public certain forms and related documents filed for approval by a hospital or medical service corporation after the filing becomes effective; relating to deposits of self-funded multiple employer welfare arrangements; repealing reasons that the director of insurance may use to deny or revoke a license; and providing for an effective date." and CS FOR HOUSE BILL NO. 175(L&C) am S "An Act relating to insurance, including treating as confidential certain information submitted to the director of insurance by the National Association of Insurance Commissioners; clarifying conditions for the release of insurer deposits; defining travel insurance that may be sold under a travel insurance limited producer license; exempting rewards under a wellness program from treatment as insurance discrimination or rebating; making certain insurance required of the Comprehensive Health Insurance Association permissive rather than mandatory; making certain provisions relating to statements on applications and guaranteed 2009-04-19 House Journal Page 1155 renewability for individual health insurance applicable to hospital and medical service corporations; making public certain forms and related documents filed for approval by a hospital or medical service corporation after the filing becomes effective; relating to deposits of self-funded multiple employer welfare arrangements; repealing reasons that the director of insurance may use to deny or revoke a license; and providing for an effective date." (SCR 10 - title change resolution) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 175(L&C), thus adopting CSHB 175(L&C) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 175(L&C)?" The roll was taken with the following result: CSHB 175(L&C) am S Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk notified the Senate. CSHB 175(L&C) am S was referred to the Chief Clerk for enrollment. 2009-04-19 House Journal Page 1156 SPECIAL ORDER OF BUSINESS SCR 10 Representative Johansen moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 175, relating to insurance, including treating as confidential certain information submitted to the director of insurance by the National Association of Insurance Commissioners; clarifying conditions for the release of insurer deposits; defining travel insurance that may be sold under a travel insurance limited producer license; establishing criteria for licensing of nonresident independent adjusters as resident adjusters; exempting rewards under a wellness program from treatment as insurance discrimination or rebating; making certain insurance required of the Comprehensive Health Insurance Association permissive rather than mandatory; making certain provisions relating to statements on applications and guaranteed renewability for individual health insurance applicable to hospital and medical service corporations; making public certain forms and related documents filed for approval by a hospital or medical service corporation after the filing becomes effective; relating to deposits of self-funded multiple employer welfare arrangements; and repealing reasons that the director of insurance may use to deny or revoke a license. There being no objection, it was so ordered. The question being: "Shall SCR 10 pass the House?" The roll was taken with the following result: SCR 10 Special Order of Business YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, 2009-04-19 House Journal Page 1157 Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, SCR 10 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 172 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1083) on the following: CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to an investment in the education loan fund; relating to authority for the commissioner of revenue to enter into a bond purchase agreement and letter of credit with the Alaska Student Loan Corporation; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to an investment in the education loan fund; relating to authority for the commissioner of revenue to enter into a bond purchase agreement and letter of credit with the Alaska Student Loan Corporation; relating to a proposal for a program under which the state repays loans to students for costs of postsecondary education; and providing for an effective date." (SCR 8 - title change resolution) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 172(FIN), thus adopting SCS CSHB 172(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 172(FIN)?" The roll was taken with the following result: 2009-04-19 House Journal Page 1158 SCS CSHB 172(FIN) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk notified the Senate. SCS CSHB 172(FIN) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 8 Representative Johansen moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 8 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 172, relating to an investment in the education loan fund; relating to authority for the commissioner of revenue to enter into a bond purchase agreement and letter of credit with the Alaska Student Loan Corporation. There being no objection, it was so ordered. The question being: "Shall SCR 8 pass the House?" The roll was taken with the following result: 2009-04-19 House Journal Page 1159 SCR 8 Special Order of Business YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, SCR 8 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HJR 7 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1095) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 7(RES) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas exploration, development, and production. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 7(RES) (same title) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHJR 7(RES), thus adopting SCS CSHJR 7(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 7(RES)?" The roll was taken with the following result: 2009-04-19 House Journal Page 1160 SCS CSHJR 7(RES) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. The Chief Clerk notified the Senate. SCS CSHJR 7(RES) was referred to the Chief Clerk for enrollment. HJR 27 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1126) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 27(RES) Relating to sovereign powers of the state. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 27(2d RES) (same title) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHJR 27(RES), thus adopting SCS CSHJR 27(2d RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 27(RES)?" The roll was taken with the following result: 2009-04-19 House Journal Page 1161 SCS CSHJR 27(2d RES) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson And so, the House concurred in the Senate amendment. The Chief Clerk notified the Senate. SCS CSHJR 27(2d RES) was referred to the Chief Clerk for enrollment. 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 Austerman - from 7:30 a.m., April 21 to 10:00 p.m., May 10 Representative Gatto - from morning plane time, April 21 to evening plane time, April 25; and from 2:30 a.m., May 4 to 9:30 p.m., May 5 Representative Keller - from 10:00 a.m., April 21 to 10:00 p.m., May 4 Representative Johnson - from 6:00 a.m., April 22 to 10:00 p.m., April 27; and from 5:00 a.m., May 13 to 2:00 a.m., May 16; and from 6:00 a.m., July 17 to 10:00 p.m., July 27 Representative Dahlstrom - from 7:00 a.m., April 22 to 10:00 p.m., April 26 2009-04-19 House Journal Page 1162 Representative Herron - from 7:00 a.m., April 25 to 10:00 p.m., May 9; and from 7:00 a.m., June 10 to 10:00 p.m., June 15 Representative Lynn - from 7:00 a.m., May 15 to 10:00 p.m., May 19; and from 7:00 a.m., July 19 to 10:00 p.m., July 25; and from 7:00 a.m., October 4 to 10:00 p.m., October 10; and from 7:00 a.m., December 8 to 10:00 p.m., December 13 Representative Olson - from 7:00 a.m., July 8 to 10:00 p.m., July 12 Representative Gardner - from 7:00 a.m., October 1 to 10:00 p.m., October 31 CONCUR IN SENATE AMENDMENTS HJR 28 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 1096) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) am Urging the President of the United States and the United States Congress not to adopt any policy, rule, or administrative action or enact legislation that would restrict energy exploration, development, and production in federal and state waters around Alaska, the outer continental shelf within 200 miles of shore, and elsewhere in the continental United States; urging the President of the United States and the United States Congress to encourage and promote continued exploration, development, and production of domestic oil and gas resources. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) (same title) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHJR 28(RES) am, thus adopting SCS CSHJR 28(RES), and recommended that the members vote yes. 2009-04-19 House Journal Page 1163 The question being: "Shall the House concur in the Senate amendment to CSHJR 28(RES) am?" The roll was taken with the following result: SCS CSHJR 28(RES) Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Stoltze, Thomas, Tuck, Wilson Absent: Austerman, Millett, Seaton And so, the House concurred in the Senate amendment. The Chief Clerk notified the Senate. SCS CSHJR 28(RES) was referred to the Chief Clerk for enrollment. 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 Seaton - from 7:00 a.m., May 14 to 10:00 p.m., June 5 Representative Kawasaki - from plane time, October 1 to plane time, October 31 Representative Wilson - from plane time, November 10 to plane time, November 27 * * * * * Senators Paskvan and Huggins entered the Chamber and notified the House that the Senate adjourned. 2009-04-19 House Journal Page 1164 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 Cissna - from plane time, July 1 to plane time, August 5 Representative Munoz - from plane time, July 1 to plane time, July 10; and from plane time, December 10 to plane time, January 5, 2010 Representative Gara - from plane time, June 9 to plane time, July 6 SPECIAL ORDER OF BUSINESS Representative Johansen moved and asked unanimous consent that the House approve the first special order citation calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Senate Sergeant-at-Arms, Senate Assistant Sergeant-at- Arms, Senate Pages By Senators Huggins, Stevens; Representatives Chenault, Austerman, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson In Memoriam - Joy Cook By Representatives Coghill, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson; Senator Therriault UNFINISHED BUSINESS SJR 3 Representative Keller added his name as cross sponsor to: 2009-04-19 House Journal Page 1165 SENATE JOINT RESOLUTION NO. 3 Relating to carrying firearms in national parks. SB 1 Representative Tuck added his name as cross sponsor to: CS FOR SENATE BILL NO. 1(FIN) "An Act increasing the minimum hourly wage; and providing for an effective date." SB 72 Representative Holmes added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 72(FIN) am H "An Act relating to use of child safety seats and seat belts." SJR 16 Reconsideration of the following, which was held to today (page 1117), was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE JOINT RESOLUTION NO. 16(RES) Expressing support for responsible development of the oil and gas resources in federal waters offshore of Alaska's coast as a means to ensure energy independence, security for the nation, and jobs for Alaskans; and urging the United States Congress to provide a means for consistently sharing with all coastal energy-producing states, on an ongoing basis, revenue generated from oil and gas development on the outer continental shelf, to ensure that those states develop, support, and maintain necessary infrastructure and preserve environmental integrity. SB 170 The following, which passed the House and was signed by the Speaker and Chief Clerk (page 1106), was returned to the Senate: CS FOR SENATE BILL NO. 170(FIN) "An Act modifying the Alaska unemployment insurance statutes by redefining the base period for determining eligibility for unemployment benefits; relating to contributions, interest, 2009-04-19 House Journal Page 1166 penalties, and payments under the Alaska Employment Security Act; and providing for an effective date." ENGROSSMENT SB 72 HCS CSSB 72(FIN) am H was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 75 HCS CSSB 75(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 177 HCS CSSB 177(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ENROLLMENT HB 109 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:40 p.m., April 19, 2009: HOUSE BILL NO. 109 "An Act relating to eligibility for the Alaska supplemental education loan program and to the interest rate for a loan made under the Alaska family education loan program; and providing for an effective date." MESSAGES FROM THE GOVERNOR SB 111 A message dated April 19, 2009, was received stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2009-04-19 House Journal Page 1167 SENATE BILL NO. 111 "An Act relating to the duration of a certificate of compliance for an intrastate air service provider; and providing for an effective date." Chapter No. 5, SLA 2009 Effective Date: April 20, 2009 MESSAGES FROM THE SENATE HCR 1 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(L&C) Encouraging the voluntary installation of fire sprinkler systems in residences. CSHCR 1(L&C) was referred to the Chief Clerk for enrollment. HCR 16 A message dated April 19, 2009, was received stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 16 am Requesting the Governor to proclaim September 7, 2009, as Senator Daniel Inouye Day. HCR 16 am was referred to the Chief Clerk for enrollment. HCR 17 A message dated April 19, 2009, was received stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 183, authorizing the Department of Environmental Conservation to award grants for the control of air emissions or the development and administration of air quality control programs. HCR 17 was referred to the Chief Clerk for enrollment. 2009-04-19 House Journal Page 1168 HJR 18 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE JOINT RESOLUTION NO. 18(RES) Urging the United States Congress to refrain from passing legislation that designates land in Area 1002 of the Arctic National Wildlife Refuge as wilderness. CSHJR 18(RES) was referred to the Chief Clerk for enrollment. HB 88 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE BILL NO. 88(FIN) "An Act extending the termination date of the Board of Governors of the Alaska Bar Association to June 30, 2013; and providing for an effective date." CSHB 88(FIN) was referred to the Chief Clerk for enrollment. HB 105 A message dated April 19, 2009, was received stating the Senate passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 105(L&C) "An Act relating to the state training and employment program; and providing for an effective date." CSSSHB 105(L&C) was referred to the Chief Clerk for enrollment. HB 106 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE BILL NO. 106(STA)(title am) "An Act relating to grants to nonprofit regional corporations, and, in certain situations, to municipalities with populations of less than 10,000, for village public safety officers in rural areas; defining 'rural area' for the purpose of the village public safety 2009-04-19 House Journal Page 1169 officer program; and authorizing municipalities to accept grants under, and contract with respect to, the village public safety officer program." CSHB 106(STA)(title am) was referred to the Chief Clerk for enrollment. HB 123 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE BILL NO. 123(FIN) am "An Act relating to the membership and voting privileges of members of the Statewide Suicide Prevention Council; extending the termination date of the Statewide Suicide Prevention Council; and providing for an effective date." CSH 123(FIN) am was referred to the Chief Clerk for enrollment. HB 129 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE BILL NO. 129(RLS) "An Act relating to the authority of the Real Estate Commission to revoke licenses of persons convicted of certain crimes." CSHB 129(RLS) was referred to the Chief Clerk for enrollment. HB 151 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE BILL NO. 151(FIN) "An Act amending the termination date of the statewide boating safety and education program; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date." CSHB 151(FIN) was referred to the Chief Clerk for enrollment. 2009-04-19 House Journal Page 1170 HB 201 A message dated April 19, 2009, was received stating the Senate passed: CS FOR HOUSE BILL NO. 201(JUD) "An Act relating to the expiration date of a concealed handgun permit." CSHB 201(JUD) was referred to the Chief Clerk for enrollment. SB 72 A message dated April 19, 2009, was received stating the Senate concurred in the House amendment to CSSB 72(STA), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 72(FIN) am H "An Act relating to use of child safety seats and seat belts." SB 75 A message dated April 19, 2009, was received stating the Senate concurred in the House amendment to CSSB 75(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 75(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; and providing for an effective date." SB 177 A message dated April 19, 2009, was received stating the Senate concurred in the House amendment to CSSB 177(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) "An Act relating to an exception for professional fishing guide services in the Kenai River Special Management Area; relating to the licensing and regulation of sport fishing operators and sport fishing guides and licensing and registration of sport fishing vessels; and providing for an effective date." 2009-04-19 House Journal Page 1171 ADJOURNMENT Representative Kawasaki moved and asked unanimous consent that the House adjourn until 1:00 p.m., January 19, 2010. There being no objection, the House adjourned at 7:54 p.m. Suzi Lowell Chief Clerk