Legislature(2009 - 2010)

2010-03-30 House Journal

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2010-03-30                     House Journal                      Page 1941
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - SECOND SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Tuesday                March 30, 2010                                                         
                                                                                                                                
                           Seventy-first Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:37 a.m.                                                                                                          
                                                                                                                                
Roll call showed 37 members present.  Representatives Gara, Harris,                                                             
and Millett were absent and their presence was noted later.                                                                     
                                                                                                                                
The invocation was offered by the Chaplain, Mandy Schramm,                                                                      
President of Congregation Sukkat Shalom.  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 deepest respect for the religious beliefs of each person                                                               
    here and throughout our great state, I am honored to lead us in                                                             
    this prayer.                                                                                                                
                                                                                                                                
    Eternal Source of Knowledge, you have endowed us with                                                                       
    reason and understanding.  We pray now for the light of your                                                                
    truth, for insight into your ways, and for the strength to banish                                                           
    from our hearts every desire and thought of evil.                                                                           
                                                                                                                                
    Forgive our sins, pardon our failings, and help us remove                                                                   
    suffering and sorrow from our midst.  May those who have                                                                    
    lost their way come again to know your love and turn to you                                                                 
    in newness of heart; and let all those who love goodness and                                                                
    do justly rejoice in the knowledge of your favor.                                                                           
                                                                                                                                
    Bless our land with plenty and our nation with peace.  May                                                                  
    righteousness abide with us and virtue bring us happiness.                                                                  

2010-03-30                     House Journal                      Page 1942
    Pour your spirit upon the leaders of our state and our nation;                                                             
    guide them that they may govern justly.                                                                                     
                                                                                                                                
       Blessed is the sovereign Lord who loves righteousness and                                                               
    justice.  Amen.                                                                                                             
                                                                                                                                
The Pledge of Allegiance was led by Representative Olson.                                                                       
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
journal for the 70th legislative day be approved as certified by the                                                            
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
HCR 20                                                                                                                        
A message dated March 29, 2010, was read stating the Senate passed:                                                             
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 20                                                                                          
    Proclaiming the month of April 2010 to be Sexual Assault                                                                    
    Awareness Month.                                                                                                            
                                                                                                                                
HCR 20 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 386                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 386                                                                                                          
    "An Act establishing a uniform format and procedure for citations                                                           
    for certain violations of state law; relating to the form, issuance,                                                        
    and disposition of citations for certain violations; relating to                                                            
    certain crimes and penalties for noncompliance with citations; and                                                          
    providing for an effective date."                                                                                           
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                

2010-03-30                     House Journal                      Page 1943
    CS FOR HOUSE BILL NO. 386(FIN)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Stoltze and Hawker, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (9):  Fairclough, N. Foster, Thomas, Gara, Doogan, Joule,                                                               
Kelly, Stoltze, Hawker                                                                                                          
                                                                                                                                
No recommendation (1):  Salmon                                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 386(FIN):                                                                            
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Zero, Dept. of Law                                                                                                          
3.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
HB 386 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
**The presence of Representative Gara was noted.                                                                                
                                                                                                                                
HB 392                                                                                                                        
The Health & Social Services Committee considered:                                                                              
                                                                                                                                
    HOUSE BILL NO. 392                                                                                                          
    "An Act establishing a loan repayment program and employment                                                                
    incentive program for certain health care professionals employed                                                            
    in the state; and providing for an effective date."                                                                         
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 392(HSS)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Keller and Herron, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (3):  Seaton, Lynn, Herron                                                                                              
                                                                                                                                

2010-03-30                     House Journal                      Page 1944
No recommendation (3):  Holmes, T. Wilson, Keller                                                                               
                                                                                                                                
The following fiscal note(s) apply to CSHB 392(HSS):                                                                            
                                                                                                                                
1.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
HB 392 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Third District Court Judge John R. Lohff                                                                             
By Representative Petersen; Senator Wielechowski                                                                                
                                                                                                                                
Honoring - Ron Greene                                                                                                           
By Representative Petersen; Senator Wielechowski                                                                                
                                                                                                                                
Honoring - Bartlett High School Football Team, 2009 Alaska State                                                                
Big-School Champions                                                                                                            
By Representative Petersen; Senator Wielechowski                                                                                
                                                                                                                                
Honoring - Napaskiak Hawks Boys Basketball Team, 1A State                                                                       
Champions                                                                                                                       
By Representative Herron; Senator Hoffman                                                                                       
                                                                                                                                
Honoring - The City of Kenai, 50 Years Since Incorporation                                                                      
By Representatives Olson, Chenault; Senator Wagoner                                                                             
                                                                                                                                
Honoring - Court Services Officer Charles Mangold                                                                               
By Senator McGuire; Representative Lynn                                                                                         
                                                                                                                                
Honoring - Kinross Fort Knox Mine and Its Employees                                                                             
By Senator Thomas; Representative Kelly                                                                                         
                                                                                                                                
In Memoriam - Karen Beyers                                                                                                      
By Representatives Gardner, Millett                                                                                             
                                                                                                                                

2010-03-30                     House Journal                      Page 1945
In Memoriam - John Wayne Jackson                                                                                                
By Senator Davis                                                                                                                
                                                                                                                                
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 292                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 292                                                                                                          
    "An Act relating to grants to victims of a disaster in this state; and                                                      
    providing for an effective date."                                                                                           
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 MLV RPT 5DP 1AM                                                  1421                                                          
 FN1: (MVA)                                                       1421                                                          
 STA RPT 5DP 1NR                                                  1526                                                          
 FN1: (MVA)                                                       1526                                                          
 FIN RPT 10DP 1NR                                                 1854                                                          
 FN2: ZERO(MVA)                                                   1854                                                          
                                                                                                                                
**The presence of Representatives Harris and Millett was noted.                                                                 
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
HB 292 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
HB 292 was read the third time.                                                                                                 
                                                                                                                                
The question being:  "Shall HB 292 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 292                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                

2010-03-30                     House Journal                      Page 1946
Yeas:  Austerman, Buch, Chenault, 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, Salmon, Seaton, Stoltze, Thomas,                                                               
Tuck, P.Wilson, T.Wilson                                                                                                        
                                                                                                                                
Absent:  Cissna                                                                                                                 
                                                                                                                                
And so, HB 292 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.                                                            
                                                                                                                                
HB 292 was referred to the Chief Clerk for engrossment.                                                                         
                                                                                                                                
                                                                                                                                
HB 376                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 376                                                                                                          
    "An Act extending the termination date of the Board of                                                                      
    Psychologist and Psychological Associate Examiners; and                                                                     
    providing for an effective date."                                                                                           
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 L&C RPT 4DP 1NR                                                  1761                                                          
 FN1: (CED)                                                       1761                                                          
 FIN RPT 8DP                                                      1921                                                          
 FN1: (CED)                                                       1922                                                          
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
HB 376 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
                                                                                                                                
HB 376 was read the third time.                                                                                                 
                                                                                                                                

2010-03-30                     House Journal                      Page 1947
Representative Johnson moved and asked unanimous consent that he                                                                
be allowed to abstain from voting because of a conflict of interest.                                                            
Objection was heard, and Representative Johnson was required to                                                                 
vote.                                                                                                                           
                                                                                                                                
The question being:  "Shall HB 376 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 376                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom,                                                                  
Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto,                                                                     
Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen,                                                                
Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz,                                                               
Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas,                                                               
Tuck, P.Wilson, T.Wilson                                                                                                        
                                                                                                                                
Absent:  Joule                                                                                                                  
                                                                                                                                
And so, HB 376 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.                                                            
                                                                                                                                
HB 376 was referred to the Chief Clerk for engrossment.                                                                         
                                                                                                                                
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Roy Welch, 2010 Red Cross Workplace Safety Hero                                                                      
By Representatives Lynn, Chenault, Buch, Cissna, Crawford,                                                                      
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   

2010-03-30                     House Journal                      Page 1948
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Millett,                                                           
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson                                                                                              
                                                                                                                                
Honoring - Lisa Sutherlin, 2010 Red Cross Workplace Safety Hero                                                                 
By Representatives Lynn, 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, Millett,                                                           
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, P. Wilson, T. Wilson                                                                                              
                                                                                                                                
Honoring - The Ost Family, 100 Years in Alaska                                                                                  
By Representatives N. Foster, Chenault, Buch, Cissna, 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, Thomas,                                                                 
Tuck, P. Wilson, T. Wilson; Senator Olson                                                                                       
                                                                                                                                
Honoring - Dee Longenbaugh                                                                                                      
By Senator Egan; Representatives Kerttula, Munoz, 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, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson                                                                             
                                                                                                                                
Honoring - Point Hope Harpooners, 2A State Champions                                                                            
By Senator Olson; Representatives Joule, Chenault, Austerman, Buch,                                                             
Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough,                                                                        
N. Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                                                 
Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller,                                                                    
Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen,                                                                 
Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson                                                             
                                                                                                                                
In Memoriam - Zack Peter Chichenoff                                                                                             
By Representatives Austerman, Chenault, Buch, Cissna, Crawford,                                                                 
Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner,                                                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   

2010-03-30                     House Journal                      Page 1949
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton,                                                                
Stoltze, Thomas, Tuck, P. Wilson, T. Wilson; Senator Stevens                                                                    
                                                                                                                                
In Memoriam - Doris Susan Kayaqtuq Lincoln                                                                                      
By Senator Olson; Representatives Joule, Chenault, Buch, Cissna,                                                                
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara,                                                               
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                             
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton,                                                                
Stoltze, Thomas, Tuck, P. Wilson, T. Wilson                                                                                     
                                                                                                                                
                            RECONSIDERATION                                                                                  
                                                                                                                                
HJR 49                                                                                                                        
Representative Gruenberg brought up reconsideration of the vote on                                                              
CSHJR 49(RES) (page 1929).                                                                                                      
                                                                                                                                
The following was again before the House in third reading:                                                                      
                                                                                                                                
    CS FOR HOUSE JOINT RESOLUTION NO. 49(RES)                                                                                   
    Urging the United States Congress to enact S.J. Res. 26, a                                                                  
    resolution disapproving the Environmental Protection Agency's                                                               
    imposition of climate regulations that would harm Alaska's                                                                  
    economy and the livelihoods of the state's citizens.                                                                        
                                                                                                                                
The question to be reconsidered:  "Shall CSHJR 49(RES) pass the                                                                 
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
CSHJR 49(RES)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
Reconsideration                                                                                                                 
                                                                                                                                
YEAS:  32   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Crawford, Dahlstrom, Doogan,                                                                  
Edgmon, Fairclough, N.Foster, Gatto, Harris, Hawker, Herron,                                                                    
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Lynn, Millett,                                                               
Munoz, Neuman, Olson, Petersen, Ramras, Seaton, Stoltze, Thomas,                                                                
Tuck, P.Wilson, T.Wilson                                                                                                        
                                                                                                                                

2010-03-30                     House Journal                      Page 1950
Nays:  Cissna, Gara, Gardner, Gruenberg, Guttenberg, Holmes,                                                                    
Kerttula, Salmon                                                                                                                
                                                                                                                                
And so, CSHJR 49(RES) passed the House on reconsideration and                                                                   
was referred to the Chief Clerk for engrossment.                                                                                
                                                                                                                                
                                                                                                                                
                          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 Ramras - from evening plane time, March 30 to                                                                    
evening plane time, March 31                                                                                                    
                                                                                                                                
SCR 12                                                                                                                        
Representative Kawasaki added his name as cross sponsor to:                                                                     
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 12                                                                                         
    Proclaiming September 9, 2010, as Fetal Alcohol Spectrum                                                                    
    Disorders Awareness Day.                                                                                                    
                                                                                                                                
SCR 14                                                                                                                        
Representative Kawasaki added his name as cross sponsor to:                                                                     
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 14                                                                                         
    Recognizing October 2010 as Filipino American History Month.                                                                
                                                                                                                                
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HJR 49                                                                                                                        
CSHJR 49(RES) was engrossed, signed by the Speaker and Chief                                                                    
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
HB 3                                                                                                                          
Reconsideration of the following was not taken up on this legislative                                                           
day.  It was engrossed:                                                                                                         
                                                                                                                                

2010-03-30                     House Journal                      Page 1951
    CS FOR HOUSE BILL NO. 3(FIN)(efd am)(fld H)                                                                                 
    "An Act relating to issuance of identification cards and to issuance                                                        
    of driver's licenses; relating to regulations concerning                                                                    
    identification cards and driver's licenses; and providing for an                                                            
    effective date."                                                                                                            
                                                                                                                                
HB 292                                                                                                                        
HB 292 was engrossed, signed by the Speaker and Chief Clerk, and                                                                
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
HB 376                                                                                                                        
HB 376 was engrossed, signed by the Speaker and Chief Clerk, and                                                                
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
                              ENROLLMENT                                                                                     
                                                                                                                                
HB 349                                                                                                                        
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 10:58 a.m.,                                                            
March 30, 2010:                                                                                                                 
                                                                                                                                
    HOUSE BILL NO. 349                                                                                                          
    "An Act relating to the Statewide Suicide Prevention Council."                                                             
                                                                                                                                
                             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 31, 2010.  There being no                                                                 
objection, the House adjourned at 11:08 a.m.                                                                                    
                                                                                                                                
                                           Suzi Lowell                                                                          
                                           Chief Clerk