Legislature(2009 - 2010)

2010-02-08 House Journal

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2010-02-08                     House Journal                      Page 1435
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - SECOND SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday               February 8, 2010                                                        
                                                                                                                                
                           Twenty-first Day                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:01 a.m.                                                                                                          
                                                                                                                                
Roll call showed 36 members present.  Representatives Herron and                                                                
Seaton had been excused from a call of the House today.                                                                         
Representative Guttenberg was excused until 1:00 p.m. and his                                                                   
presence was noted later.                                                                                                       
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Representative Gatto be excused from a call of the House today.                                                                 
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Tari Stage-Harvey                                                            
of Shepherd of the Valley Lutheran Church.  Representative P. Wilson                                                            
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
    With the deepest respect for the religious beliefs of all                                                                   
    Alaskans, I offer the following prayer.                                                                                     
                                                                                                                                
    Loving God, you have gathered us together across all human                                                                  
    divisions and bound us as one people.  Strengthen us now by                                                                 
    your presence that our thoughts and actions may be rooted in                                                                
    your love for us.  Give us hearts that seek your justice, lives                                                             
    that pursue your peace, and arms that work your will.  We                                                                   
    thank you for your servants gathered here.  Guide them in all                                                               
    their business today so they may listen to one another, laugh                                                               
    with each other, and seek to do justice for all your people.  In                                                            
    Jesus' name.  Amen.                                                                                                         
                                                                                                                                

2010-02-08                     House Journal                      Page 1436
The Pledge of Allegiance was led by Representative Crawford.                                                                    
                                                                                                                                
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
                    ththth                                                                                                      
journal for the 18, 19, and 20 legislative days be approved as                                                                  
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Olson introduced Destini Riley, Guest Page, from                                                                 
Ninilchik.                                                                                                                      
                                                                                                                                
Representative Harris introduced Teanna Hutchison, Guest Page, from                                                             
Valdez.                                                                                                                         
                                                                                                                                
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 146                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 146                                                                                                          
    "An Act relating to transfer restrictions on trust interests."                                                              
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 146(JUD)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Gruenberg, Gatto, Ramras                                                                                          
                                                                                                                                
No recommendation (4):  Lynn, Herron, Dahlstrom, Holmes                                                                         
                                                                                                                                

2010-02-08                     House Journal                      Page 1437
The following fiscal note(s) apply to CSHB 146(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
HB 146 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 235                                                                                                                        
The Education Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 235                                                                                                          
    "An Act relating to professional student exchange program                                                                   
    availability and conditions for loan forgiveness."                                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 235(EDC)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Munoz, Vice Chair, with the                                                             
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (1):  Munoz                                                                                                             
                                                                                                                                
No recommendation (3):  Buch, Edgmon, P. Wilson                                                                                 
                                                                                                                                
The following fiscal note(s) apply to CSHB 235(EDC):                                                                            
                                                                                                                                
1.  Fiscal, Dept. of Education & Early Development                                                                              
                                                                                                                                
HB 235 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 295                                                                                                                        
The Education Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 295                                                                                                          
    "An Act relating to the grant of certain state land to the University                                                       
    of Alaska; relating to the duties of the Board of Regents; relating                                                         
    to deposits made to the Alaska permanent fund received from                                                                 
    certain lands conveyed to the University of Alaska; ratifying and                                                           

2010-02-08                     House Journal                      Page 1438
    reauthorizing certain prior conveyances of land to the University                                                           
    of Alaska; making conforming amendments; and providing for an                                                               
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 295(EDC)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Munoz, Vice Chair, with the                                                             
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (1):  P. Wilson                                                                                                         
                                                                                                                                
No recommendation (3):  Buch, Edgmon, Munoz                                                                                     
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 295(EDC):                                                                            
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
2.  Indeterminate, Dept. of Natural Resources                                                                                   
3.  Fiscal, University of Alaska                                                                                                
                                                                                                                                
HB 295 was referred to the Community & Regional Affairs                                                                         
Committee.                                                                                                                      
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 331                                                                                                                        
HOUSE BILL NO. 331 by Representatives Munoz, Kerttula,                                                                          
Kawasaki, Tuck, and Gruenberg, entitled:                                                                                        
                                                                                                                                
    "An Act relating to funding for youth courts; and relating to                                                               
    accounting for criminal fines."                                                                                             
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                

2010-02-08                     House Journal                      Page 1439
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 274                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 274                                                                                                          
    "An Act establishing August 7 as Purple Heart Day."                                                                         
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 MLV RPT 6DP                                                       1399                                                         
 FN1: ZERO(MLV)                                                    1400                                                         
 STA REFERRAL WAIVED                                               1426                                                         
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
HB 274 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
HB 274 was read the third time.                                                                                                 
                                                                                                                                
The question being:  "Shall HB 274 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 274                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom,                                                                  
Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gruenberg,                                                                 
Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                             
Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen,                                                                 
Ramras, Salmon, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson                                                                       
                                                                                                                                
Excused:  Gatto, Guttenberg, Herron, Seaton                                                                                     
                                                                                                                                
And so, HB 274 passed the House and was referred to the Chief Clerk                                                             
for engrossment.                                                                                                                
                                                                                                                                

2010-02-08                     House Journal                      Page 1440
                         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 - Wesley Voley, First Place - Alaska Music Teachers                                                                    
National Association Competition                                                                                                
By Representatives Salmon, Chenault, Buch, Cissna, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Seaton, Stoltze,                                                               
Thomas, Tuck, P. Wilson, T. Wilson; Senator Kookesh                                                                             
                                                                                                                                
Honoring - Wanda Chin                                                                                                           
By Representatives Guttenberg, Chenault, Buch, Cissna, Crawford,                                                                
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                     
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson; Senator Thomas                                                                              
                                                                                                                                
                                                                                                                                
Honoring - John Walsh, 2009 Emil Usibelli Award Winner                                                                          
By Representatives Guttenberg, Chenault, Buch, Cissna, Crawford,                                                                
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                     
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson; Senator Thomas                                                                              
                                                                                                                                
Honoring - John Fox, 2009 Emil Usibelli Award Winner                                                                            
By Representatives Guttenberg, Chenault, Buch, Cissna, Crawford,                                                                
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                     
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson; Senator Thomas                                                                              
                                                                                                                                

2010-02-08                     House Journal                      Page 1441
Honoring - Richard Siefert, 2009 Emil Usibelli Award Winner                                                                     
By Representatives Guttenberg, Chenault, Buch, Cissna, Crawford,                                                                
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                     
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson; Senator Thomas                                                                              
                                                                                                                                
Honoring - The 2009 UAF Nanooks Women's Basketball Team                                                                         
By Representatives Guttenberg, Chenault, Buch, Cissna, Crawford,                                                                
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                     
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson; Senator Thomas                                                                              
                                                                                                                                
In Memoriam - Enid Elsie 'Barbara' Nesbett                                                                                      
By Representatives Johnson, Chenault, Buch, Cissna, Crawford,                                                                   
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                              
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson                                                                                              
                                                                                                                                
In Memoriam - Honorary Traditional Chief Joe Beetus                                                                             
By Representatives Salmon, Chenault, Buch, Cissna, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Seaton, Stoltze,                                                               
Thomas, Tuck, P. Wilson, T. Wilson; Senator Kookesh                                                                             
                                                                                                                                
In Memoriam - Rev. Mardow Solomon Sr.                                                                                           
By Representatives Salmon, Chenault, Buch, Cissna, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Seaton, Stoltze,                                                               
Thomas, Tuck, P. Wilson, T. Wilson; Senator Kookesh                                                                             
                                                                                                                                

2010-02-08                     House Journal                      Page 1442
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
following member be excused from a call of the House.  There being                                                              
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Joule - from morning plane time, February 10 to                                                                  
morning plane time, February 11                                                                                                 
                                                                                                                                
**The presence of Representative Guttenberg, who was excused (page                                                              
1427), was noted.                                                                                                               
                                                                                                                                
HB 241                                                                                                                        
Representative Keller added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 241                                                                                                          
    "An Act relating to certain investments of the Alaska permanent                                                             
    fund, the state's retirement systems, the State of Alaska                                                                   
    Supplemental Annuity Plan, and the deferred compensation                                                                    
    program for state employees in companies that do business in                                                                
    Iran, and restricting those investments; and providing for an                                                               
    effective date."                                                                                                            
                                                                                                                                
HB 271                                                                                                                        
Representative Lynn added his name as cosponsor to:                                                                             
                                                                                                                                
    HOUSE BILL NO. 271                                                                                                          
    "An Act relating to the offenses of driving while under the                                                                 
    influence of an alcoholic beverage, inhalant, or controlled                                                                 
    substance and refusal to submit to a chemical test."                                                                        
                                                                                                                                
HB 274                                                                                                                        
Representatives Gruenberg and Stoltze added their names as                                                                      
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE BILL NO. 274                                                                                                          
    "An Act establishing August 7 as Purple Heart Day."                                                                         
                                                                                                                                
HB 319                                                                                                                        
Representative Keller added his name as cosponsor to:                                                                           
                                                                                                                                

2010-02-08                     House Journal                      Page 1443
    HOUSE BILL NO. 319                                                                                                          
    "An Act relating to firearms."                                                                                              
                                                                                                                                
SJR 22                                                                                                                        
Representative Kawasaki added his name as cross sponsor to:                                                                     
                                                                                                                                
    CS FOR SENATE JOINT RESOLUTION NO. 22(RES)                                                                                  
    Opposing litigation that seeks to eliminate the Kenai, Kasilof, and                                                         
    Chitina sockeye salmon personal use dip net fisheries.                                                                      
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 274                                                                                                                        
HB 274 was engrossed, signed by the Speaker and Chief Clerk, and                                                                
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 10:30 a.m., February 10, 2010.  There being no                                                              
objection, the House adjourned at 11:31 a.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk