Legislature(2009 - 2010)
2010-03-23 House Journal
Full Journal pdf2010-03-23 House Journal Page 1827 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE - SECOND SESSION Juneau, Alaska Tuesday March 23, 2010 Sixty-fourth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:37 a.m. Roll call showed 35 members present. Representative Gatto had been excused from a call of the House today. Representatives Herron and Kelly were absent and their presence was noted later. Representative Dahlstrom was absent and later excused. Representative Johansen moved and asked unanimous consent that Representative Salmon be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, David Dierdorff of Juneau Unitarian Universalist Fellowship. Representative Gruenberg moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Please join me in reverence, each in your own way. Great unknowable Spirit of Life, you have manifested yourself to us in many tongues, many forms, and at many times in our history. You have always taught us love, no matter the tongue; have always taught us respect, no matter the form; and have always taught us charity and tolerance, no matter the time. We have ignored or misused these messages too often. 2010-03-23 House Journal Page 1828 Help the men and women of the House today as they work to solve the problems of governing our great land. Help them to remember what is important and what is fleeting; what must be solved and what can wait another day; what is the work of government and what is the work of our civic institutions and homes and churches. Finally, help them to bridge the gaps that divide them. Their time in this building is finite, just as our time on earth. Help them find the wisdom and courage to serve the common good. So be it. Amen. The Pledge of Allegiance was led by Representative Kerttula. CERTIFICATION OF THE JOURNAL Representative Johansen moved and asked unanimous consent that the rd journal for the 63 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Neuman introduced Kasey Newman, Guest Page, from Willow. MESSAGES FROM THE GOVERNOR HB 274 A message dated March 22, 2010, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 274 "An Act establishing August 7 as Purple Heart Day." Chapter No. 2, SLA 2010 Effective Date: June 20, 2010 2010-03-23 House Journal Page 1829 MESSAGES FROM THE SENATE HJR 24 A message dated March 22, 2010, was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 24 Urging the United States Congress and the United States Department of Agriculture to extend the basic housing allowance exclusion to all military families for purposes of the school nutrition program. HJR 24 was referred to the Chief Clerk for enrollment. A message dated March 22, 2010, was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 209 SENATE BILL NO. 209 by Senator Menard, entitled: "An Act providing the Alaska State Council on the Arts the authority to adopt regulations relating to its statutory powers and duties; and providing for an effective date." was read the first time and referred to the Education Committee. REPORTS OF STANDING COMMITTEES HB 202 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 202 "An Act relating to state and municipal building code requirements for fire sprinkler systems in certain residential buildings." and recommends it be replaced with: 2010-03-23 House Journal Page 1830 CS FOR HOUSE BILL NO. 202(CRA) "An Act relating to municipal building code requirements for fire sprinkler systems in certain residential buildings." The report was signed by Representatives Herron and Munoz, Co- chairs, with the following individual recommendations: Do pass (2): Herron, Munoz No recommendation (2): Harris, Gardner The following fiscal note(s) apply to CSHB 202(CRA): 1. Zero, Dept. of Public Safety HB 202 was referred to the Labor & Commerce Committee. **The presence of Representative Kelly was noted. HB 314 The Finance Committee considered: HOUSE BILL NO. 314 "An Act relating to fees and charges for medical treatment or services, the crime of unsworn falsification, investigations, and penalties as they relate to workers' compensation; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 314(FIN) "An Act relating to fees and charges for medical treatment or services, civil damages, and penalties as they relate to workers' compensation; and providing for an effective date." The report was signed by Representative Stoltze, Co-chair, with the following individual recommendations: Do pass (6): Gara, Thomas, N. Foster, Kelly, Fairclough, Stoltze 2010-03-23 House Journal Page 1831 No recommendation (3): Doogan, Austerman, Salmon The following fiscal note(s) apply to CSHB 314(FIN): 1. Zero, Dept. of Law 2. Fiscal, Dept. of Labor & Workforce Development HB 314 was referred to the Rules Committee for placement on the calendar. HB 363 The Labor & Commerce Committee considered: HOUSE BILL NO. 363 "An Act relating to the membership of the Alaska Industrial Development and Export Authority." and recommends it be replaced with: CS FOR HOUSE BILL NO. 363(L&C) (same title) The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Neuman, Lynn, Buch, T. Wilson, Olson No recommendation (1): Holmes The following fiscal note(s) apply to CSHB 363(L&C): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 363 was referred to the Rules Committee for placement on the calendar. HB 377 The Labor & Commerce Committee considered: 2010-03-23 House Journal Page 1832 HOUSE BILL NO. 377 "An Act exempting certain volunteer work by amateur sports officials from certain requirements of the Alaska Employment Security Act." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Buch, Lynn, Holmes, T. Wilson, Olson The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development HB 377 was referred to the Rules Committee for placement on the calendar. HB 383 The Labor & Commerce Committee considered: HOUSE BILL NO. 383 "An Act relating to the powers and duties of the Department of Natural Resources, including transferring certain powers and duties to the Department of Commerce, Community, and Economic Development." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (1): T. Wilson No recommendation (4): Lynn, Buch, Holmes, Olson Amend (1): Neuman The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Natural Resources 2010-03-23 House Journal Page 1833 HB 383 was referred to the Resources Committee. HB 412 The Labor & Commerce Committee considered: HOUSE BILL NO. 412 "An Act establishing the Alaska microloan revolving fund; making loans for commercial purposes from the fund; and relating to the fund and loans; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Lynn, Neuman, Holmes, T. Wilson, Olson No recommendation (1): Buch The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 412 was referred to the Finance Committee. **The presence of Representative Herron was noted. HB 334 The Rules Committee considered: HOUSE BILL NO. 334 "An Act establishing child custody, modification, and visitation standards for a military parent who is deployed; and amending Rule 99, Alaska Rules of Civil Procedure." and recommends it be replaced with: CS FOR HOUSE BILL NO. 334(RLS) "An Act establishing child custody, modification, and visitation standards for a military parent; and amending Rules 77 and 99, Alaska Rules of Civil Procedure." 2010-03-23 House Journal Page 1834 The report was signed by Representative Dahlstrom, Chair, with the following individual recommendations: Do pass (6): Millett, Kerttula, Olson, Herron, Neuman, Dahlstrom Amend (1): Gardner The following fiscal note(s) apply to CSHB 334(RLS): 1. Zero, Alaska Court System HB 334 was returned to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 389 The House Special Committee on Fisheries considered: HOUSE BILL NO. 389 "An Act relating to loans made to commercial fishermen under the Commercial Fishing Loan Act for energy efficiency upgrades; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 389(FSH) "An Act relating to loans made to commercial fishermen under the Commercial Fishing Loan Act for product quality improvements and energy efficiency upgrades; and providing for an effective date." The report was signed by Representative Edgmon, Chair, with the following individual recommendations: Do pass (3): Munoz, Buch, Edgmon No recommendation (2): Kawasaki, Keller 2010-03-23 House Journal Page 1835 The following fiscal note(s) apply to CSHB 389(FSH): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 389 was referred to the Resources Committee. SB 274 The House Special Committee on Fisheries considered: CS FOR SENATE BILL NO. 274(RES) "An Act naming the new state fish hatchery on the Elmendorf Air Force Base the William Jack Hernandez Sport Fish Hatchery." The report was signed by Representative Edgmon, Chair, with the following individual recommendations: Do pass (4): Buch, Keller, Munoz, Edgmon The following fiscal note(s) apply: 1. Zero, Senate Resources Committee CSSB 274(RES) was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lieutenant Colonel (Ret.) Dean M. Owen By Representative Dahlstrom; Senator Wielechowski In Memoriam - Melvin F. Daroff By Senator Egan; Representatives Kerttula, Munoz RECONSIDERATION SJR 22 Representative Kerttula brought up reconsideration of the vote on HCS CSSJR 22(FSH) (page 1819). 2010-03-23 House Journal Page 1836 The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 22(FSH) Opposing litigation that seeks to eliminate the Kenai, Kasilof, and Chitina sockeye salmon personal use dip net fisheries. The question to be reconsidered: "Shall HCS CSSJR 22(FSH) pass the House?" The roll was taken with the following result: HCS CSSJR 22(FSH) Third Reading Final Passage Reconsideration YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Seaton, Stoltze, Tuck, P.Wilson, T.Wilson Nays: Thomas Excused: Gatto, Salmon Absent: Dahlstrom And so, HCS CSSJR 22(FSH) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 262 The following was read the second time: HOUSE BILL NO. 262 "An Act establishing the month of May as Motorcycle Awareness Month." 2010-03-23 House Journal Page 1837 with the: Journal Page TRA RPT CS(TRA) NT 6DP 1785 FN1: ZERO(DOT) 1785 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 262(TRA) "An Act establishing the month of May as Motorcycle and Motor Scooter Awareness Month." There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that CSHB 262(TRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 262(TRA) was read the third time. The question being: "Shall CSHB 262(TRA) pass the House?" The roll was taken with the following result: CSHB 262(TRA) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, 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 Excused: Gatto, Salmon Absent: Dahlstrom And so, CSHB 262(TRA) passed the House and was referred to the Chief Clerk for engrossment. 2010-03-23 House Journal Page 1838 Representative Johansen moved and asked unanimous consent that Representative Dahlstrom be excused from a call of the House today. There being no objection, it was so ordered. HB 280 The following was read the second time: HOUSE BILL NO. 280 "An Act relating to natural gas; relating to a gas storage facility; relating to the Regulatory Commission of Alaska; relating to the participation by the attorney general in a matter involving the approval of a rate or a gas supply contract; relating to an income tax credit for a gas storage facility; relating to oil and gas production tax credits; relating to the powers and duties of the Alaska Oil and Gas Conservation Commission; relating to production tax credits for certain losses and expenditures, including exploration expenditures; relating to the powers and duties of the director of the division of lands and to lease fees for the storage of gas on state land; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 4DP 2NR 1AM 1501 FN1: ZERO(ADM) 1502 FN2: ZERO(CED) 1502 RES RPT CS(RES) NT 5DP 1758 FN1: ZERO(ADM) 1759 FN2: ZERO(CED) 1759 FN3: INDETERMINATE(DNR) 1759 FN4: (REV) 1759 FIN RPT CS(FIN) NT 9DP 1AM 1812 FN1: ZERO(ADM) 1813 FN2: ZERO(CED) 1813 FN3: INDETERMINATE(DNR) 1813 FN(S): FORTHCOMING 1813 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2010-03-23 House Journal Page 1839 CS FOR HOUSE BILL NO. 280(FIN) "An Act relating to a gas storage facility; relating to the Regulatory Commission of Alaska; relating to the participation by the attorney general in a matter involving the approval of a rate or a gas supply contract; relating to an income tax credit for a gas storage facility; relating to oil and gas production tax credits; relating to the powers and duties of the Alaska Oil and Gas Conservation Commission; relating to production tax credits for certain losses and expenditures, including exploration expenditures; relating to the powers and duties of the director of the division of lands and to lease fees for a gas storage facility on state land; and providing for an effective date." There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that CSHB 280(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 280(FIN) will advance to third reading on tomorrow's calendar. HB 287 The following was read the second time: HOUSE BILL NO. 287 "An Act relating to the adoption of the Uniform Disclaimer of Property Interests Act, and to the disclaimer of property rights under the Uniform Probate Code." with the: Journal Page L&C RPT 1DP 4NR 1647 FN1: ZERO(LAW) 1648 JUD RPT CS(JUD) 7DP 1786 FN1: ZERO(LAW) 1787 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2010-03-23 House Journal Page 1840 CS FOR HOUSE BILL NO. 287(JUD) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that CSHB 287(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 287(JUD) was read the third time. The question being: "Shall CSHB 287(JUD) pass the House?" The roll was taken with the following result: CSHB 287(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, 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 Excused: Dahlstrom, Gatto, Salmon And so, CSHB 287(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 336 The following was read the second time: HOUSE BILL NO. 336 "An Act relating to electronic voting procedures for electric and telephone cooperatives; and providing for an effective date." 2010-03-23 House Journal Page 1841 with the: Journal Page CRA RPT 3DP 1NR 1676 FN1: ZERO(CED) 1676 STA RPT CS(STA) 5DP 2NR 1695 FN1: ZERO(CED) 1695 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 336(STA) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that CSHB 336(STA) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 336(STA) will advance to third reading on tomorrow's calendar. LEGISLATIVE CITATIONS Representative Johansen moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Clifford Lowell Hudson By Senator Huggins; Representatives Neuman, Gatto, Stoltze, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS HB 363 The Speaker added a Finance Committee referral for the following: 2010-03-23 House Journal Page 1842 HOUSE BILL NO. 363 "An Act relating to the membership of the Alaska Industrial Development and Export Authority." HB 363 was removed from the Rules Committee and referred to the Finance Committee. HB 389 The Speaker removed the Resources Committee referral and added a Labor & Commerce Committee referral for the following: HOUSE BILL NO. 389 "An Act relating to loans made to commercial fishermen under the Commercial Fishing Loan Act for energy efficiency upgrades; and providing for an effective date." HB 389 was removed from the Resources Committee and referred to the Labor & Commerce Committee. 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 evening plane time, March 24 to evening plane time, March 27 Representative Gruenberg - from 10:00 a.m., March 25 to morning plane time, March 29 HB 250 Representative Kawasaki added his name as cosponsor to: HOUSE BILL NO. 250 "An Act relating to the repeal of the establishment of the Goldstream Public Use Area." HB 262 Representatives Tuck, P. Wilson, Gara, Johansen, and Guttenberg added their names as cosponsors to: 2010-03-23 House Journal Page 1843 CS FOR HOUSE BILL NO. 262(TRA) "An Act establishing the month of May as Motorcycle and Motor Scooter Awareness Month." HB 280 Representative Neuman added his name as cosponsor to: CS FOR HOUSE BILL NO. 280(FIN) "An Act relating to a gas storage facility; relating to the Regulatory Commission of Alaska; relating to the participation by the attorney general in a matter involving the approval of a rate or a gas supply contract; relating to an income tax credit for a gas storage facility; relating to oil and gas production tax credits; relating to the powers and duties of the Alaska Oil and Gas Conservation Commission; relating to production tax credits for certain losses and expenditures, including exploration expenditures; relating to the powers and duties of the director of the division of lands and to lease fees for a gas storage facility on state land; and providing for an effective date." SCR 12 Representative Holmes added her name as cross sponsor to: SENATE CONCURRENT RESOLUTION NO. 12 Proclaiming September 9, 2010, as Fetal Alcohol Spectrum Disorders Awareness Day. SB 195 Representative Kawasaki added his name as cross sponsor to: SENATE BILL NO. 195 "An Act relating to the repeal of the establishment of the Goldstream Public Use Area." SB 199 Representative Gardner added her name as cross sponsor to: SENATE BILL NO. 199 "An Act providing for a two-year funding cycle for medical assistance coverage for dentures." 2010-03-23 House Journal Page 1844 SB 274 Representative Keller added his name as cross sponsor to: CS FOR SENATE BILL NO. 274(RES) "An Act naming the new state fish hatchery on the Elmendorf Air Force Base the William Jack Hernandez Sport Fish Hatchery." ENGROSSMENT HB 262 CSHB 262(TRA) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 287 CSHB 287(JUD) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SJR 22 HCS CSSJR 22(FSH) 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., March 24, 2010. There being no objection, the House adjourned at 11:23 a.m. Suzi Lowell Chief Clerk