Legislature(2011 - 2012)
2011-02-02 House Journal
Full Journal pdf2011-02-02 House Journal Page 0157 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday February 2, 2011 Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:34 a.m. Roll call showed 38 members present. Representatives Gatto and Hawker had been excused from a call of the House today. The invocation was offered by the Chaplain, the Reverend Sue Bahleda of Resurrection 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 respect to the diversity of voices, beliefs, and practices that call out to a power beyond our individual selves, I offer the following prayer: Guiding One: It is difficult and mighty work that these men and women gather to do this day. It is work that matters. And so, we thank you for their strength and commitment to serve all the people of this great land. We ask you to prepare their hearts and minds as they act on all that lies before them. Give them your wisdom that they may faithfully speak. Give them your courage that they may faithfully stand firm. Give them your creativity that they may faithfully seek alternatives. Give them your energy that they may faithfully persevere. Give them your justice that they may faithfully provide for those in need. Give them your vision that they may faithfully see 2011-02-02 House Journal Page 0158 possibilities. Give them your truth that they may faithfully strive for what is right and good. Give them, we pray, all that they need that they may faithfully serve. Bless them with your hope and fill them with your love, this day and always. Amen. The Pledge of Allegiance was led by Representative Feige. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that thth the journal for the 14 and 15 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated January 31, 2011, was read stating that, in accordance with Chapter No. 83, SLA 10, sec. 40, the Governor submits the Energy Report to the Legislature. The Speaker referred the report to the House Special Committee on Energy. A copy of the report is on file in the Chief Clerk's office. A letter dated February 1, 2011, was read stating that, in accordance with art. III, sec. 25, Constitution of the State of Alaska and AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Judiciary Committee: Attorney General John Burns Appointed: 11/30/2010 The Speaker referred the following to the State Affairs Committee: 2011-02-02 House Journal Page 0159 Commissioner - Department of Administration Becky Hultberg Appointed: 11/18/2010 The Speaker referred the following to the House Special Committee on Economic Development, Trade, & Tourism and the Community & Regional Affairs Committee: Commissioner - Department of Commerce, Community, and Economic Development Susan Bell Appointed: 7/8/2010 The Speaker referred the following to the House Special Committee on Fisheries and the Resources Committee: Commissioner - Department of Fish and Game Cora Campbell Appointed: 12/22/2010 The Speaker referred the following to the Health & Social Services Committee: Commissioner - Department of Health and Social Services William Streur Appointed: 2/1/2011 The Speaker referred the following to the Resources Committee: Commissioner - Department of Natural Resources Dan Sullivan Appointed: 11/18/2010 The Speaker referred the following to the Finance Committee: Commissioner - Department of Revenue Bryan Butcher Appointed: 11/24/2010 The Speaker referred the following to the Transportation Committee: 2011-02-02 House Journal Page 0160 Commissioner - Department of Transportation and Public Facilities Marc Luiken Appointed: 11/18/2010 The letter further stated that in accordance with art. III, sec. 26, Constitution of the State of Alaska and AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Education Committee: Board of Education and Early Development Patrick Shier - Juneau Appointed: 3/1/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2016 Professional Teaching Practices Commission Stephen Atwater - Soldotna Appointed: 3/1/2011 Term Expires: 3/1/2014 Richard Lum - Eagle River Appointed: 1/29/2008 Reappointed: 3/1/2011 Term Expires: 3/1/2014 The Speaker referred the following to the Finance Committee: Alaska Mental Health Trust Authority Board of Trustees Mike Barton - Douglas Appointed: 12/9/2010 Term Expires: 3/1/2014 Russell Webb - Anchorage Appointed: 12/9/2010 Term Expires: 3/1/2013 The Speaker referred the following to the House Special Committee on Fisheries and the Resources Committee: Alaska Commercial Fisheries Entry Commission Benjamin Brown - Juneau Appointed: 3/1/2011 Term Expires: 3/1/2015 2011-02-02 House Journal Page 0161 Board of Fisheries Michael Smith - Fairbanks Appointed: 4/23/2010 Term Expires: 6/30/2012 The Speaker referred the following to the Judiciary Committee: Board of Governors of the Alaska Bar William Granger - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2014 Commission on Judicial Conduct Amy Demboski - Chugiak Appointed: 3/1/2011 Term Expires: 3/1/2015 Alaska Judicial Council Donald Haase - Valdez Appointed: 3/1/2011 Term Expires: 3/1/2017 Violent Crimes Compensation Board Nora Barlow - Anchorage Appointed: 3/1/2010 Reappointed: 3/1/2011 Term Expires: 3/1/2014 The Speaker referred the following to the Labor & Commerce Committee: Alaska State Board of Public Accountancy Andre Horton - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2015 Jeffrey Johnson - Fairbanks Appointed: 3/1/2011 Term Expires: 3/1/2015 Alcoholic Beverage Control Board Robert Klein - Anchorage Appointed: 1/29/2008 Reappointed: 3/1/2011 Term Expires: 3/1/2014 Marvin Yoder - Palmer Appointed: 3/1/2011 Term Expires: 3/1/2014 2011-02-02 House Journal Page 0162 Board of Barbers and Hairdressers Michael Bolivar - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2012 Board of Dental Examiners Cheryl Fellenberg - Wasilla Appointed: 3/1/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Dr. Thomas Kovaleski - Chugiak Appointed: 3/1/2011 Term Expires: 3/1/2015 Dr. Paul Silveira - Valdez Appointed: 3/1/2011 Term Expires: 3/1/2015 Dr. Robert Warren - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2015 Alaska Labor Relations Agency Willard Askren - Anchorage Appointed: 6/9/2008 Reappointed: 3/1/2011 Term Expires: 3/1/2014 Aaron Isaacs, Jr. - Klawock Appointed: 1/18/2002 Reappointed: 6/9/2008 Reappointed: 3/1/2011 Term Expires: 3/1/2014 Board of Marine Pilots David Arzt - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2015 Robert Richmond - Anchorage Appointed: 1/1/2011 Term Expires: 3/1/2012 Tylan Schrock - Seward Appointed: 1/1/2011 Term Expires: 3/1/2015 Board of Marital and Family Therapy Dr. Leon Webber - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2015 2011-02-02 House Journal Page 0163 JoAnn Young - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2014 Board of Certified Direct-Entry Midwives Dr. Peggy Downing - Wasilla Appointed: 5/31/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Board of Nursing Jennifer "Robin" Allen - Palmer Appointed: 3/1/2011 Term Expires: 3/1/2015 Beth Farnstrom - Anchorage Appointed: 3/1/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Julie Gillette - Wasilla Appointed: 3/1/2011 Term Expires: 3/1/2015 Erin Pringle - Anchorage Appointed: 8/26/2010 Term Expires: 3/1/2014 Board of Examiners in Optometry Dr. Paul Barney - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2015 Board of Pharmacy Lori DeVito - Soldotna Appointed: 3/1/2011 Term Expires: 3/1/2012 Dirk White - Sitka Appointed: 3/1/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 State Physical Therapy and Occupational Therapy Board Valerie Phelps - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2013 2011-02-02 House Journal Page 0164 Board of Psychologist and Psychological Associate Examiners Dr. John DeRuyter - Fairbanks Appointed: 6/6/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Board of Certified Real Estate Appraisers L. April Moore - Trapper Creek Appointed: 3/1/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Real Estate Commission Marianne Burke - Anchorage Appointed: 3/1/2010 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Brad Cole - Wasilla Appointed: 3/1/2007 Reappointed: 3/1/2011 Term Expires: 3/1/2015 Charlene Flyum - Homer Appointed: 10/29/2010 Reappointed: 3/1/2011 Term Expires: 3/1/2015 PeggyAnn McConnochie - Juneau Appointed: 3/1/2011 Term Expires: 3/1/2015 Board of Social Work Examiners Jen Syzdek - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2015 Workers' Compensation Appeals Commission Jim Robison - Eagle River Appointed: 11/18/2005 Reappointed: 4/3/2006 Reappointed: 3/1/2011 Term Expires: 3/1/2016 Alaska Workers' Compensation Board Bradley Austin - Auke Bay Appointed: 10/1/2010 Term Expires: 3/1/2013 2011-02-02 House Journal Page 0165 Jeffrey Bizzarro - Two Rivers Appointed: 3/1/2010 Reappointed: 3/1/2011 Term Expires: 3/1/2014 Charles Collins, Jr. - Juneau Appointed: 6/1/2010 Term Expires: 3/1/2012 David Kester - Anchorage Appointed: 4/12/2004 Reappointed: 1/29/2008 Reappointed: 3/1/2011 Term Expires: 3/1/2014 Krista Lord - Fairbanks Appointed: 3/1/2011 Term Expires: 3/1/2014 David Robinson - Wasilla Appointed: 10/1/2005 Reappointed: 1/29/2008 Reappointed: 3/1/2011 Term Expires: 3/1/2014 Arylis Scates - Wasilla Appointed: 3/1/2011 Term Expires: 3/1/2014 Zebulon Woodman - Fairbanks Appointed: 3/1/2011 Term Expires: 3/1/2014 The Speaker referred the following to the Resources Committee: Big Game Commercial Services Board Karen Polley - Juneau Appointed: 3/1/2011 Term Expires: 3/1/2013 Kelly Vrem - Sutton Appointed: 3/1/2011 Term Expires: 3/1/2015 Board of Game Nathan Turner - Nenana Appointed: 5/10/2010 Term Expires: 3/1/2013 Alaska Oil and Gas Conservation Commission Daniel Seamount, Jr. - Eagle River Appointed: 1/13/2000 Reappointed: 1/11/2005 Reappointed: 3/1/2011 Term Expires: 3/1/2017 2011-02-02 House Journal Page 0166 The Speaker referred the following to the State Affairs Committee: State Commission for Human Rights Jerrad "Shea" Hutchings - Soldotna Appointed: 3/1/2011 Term Expires: 3/1/2016 Board of Parole Daniel Morris - Soldotna Appointed: 3/1/2011 Term Expires: 3/1/2016 Alaska Police Standards Council Kelly Alzaharna - Barrow Appointed: 5/29/2009 Reappointed: 3/1/2011 Term Expires: 12/18/2014 Richard Burton - Ketchikan Appointed: 12/18/2005 Reappointed: 4/2/2010 Term Expires: 12/18/2013 Rebecca Hamon - King Salmon Appointed: 3/1/2011 Term Expires: 12/18/2014 Mark Mew - Eagle River Appointed: 4/2/2010 Term Expires: 12/18/2013 Bernice Troglio - Anchorage Appointed: 11/19/2008 Reappointed: 4/2/2010 Term Expires: 12/18/2014 Alaska Public Offices Commission Kenneth Kirk - Anchorage Appointed: 3/1/2011 Term Expires: 3/1/2016 Resumes for the appointments are on file in the Chief Clerk's office. COMMUNICATIONS The following were received: 2011-02-02 House Journal Page 0167 Dept. of Administration Office of Administrative Hearings Seventh Annual Report to the Governor of Alaska and the Alaska Legislature January 31, 2011 (as required by AS 44.64.020) Alaska Commercial Fishing and Agriculture Bank 2010 Annual Report January 27, 2011 (as required by AS 44.81.200) Alaska Court System Status of Surcharge Revenue Fiscal Year 2011 (as required by Chapter No. 56, SLA 1998) Alaska Court System Travel and Compensation Report, 2010 (as required by AS 22.20.037) Dept. of Environmental Conservation Alaska Drinking Water and Clean Water Loan Funds Annual Report FY 2010 January 31, 2011 (as required by AS 37.05.035) Dept. of Health & Social Services Alaska Children's Trust (ACT) 2010 Annual Report http://www.hss.state.ak.us/ocs/ChildrensTrust/pdf/2010_ACT_annual_report.pdf (as required by AS 37.14.230) REPORTS OF STANDING COMMITTEES HJR 13 The State Affairs Committee considered: HOUSE JOINT RESOLUTION NO. 13 Honoring President Reagan on the 100th anniversary of his birth. 2011-02-02 House Journal Page 0168 The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (7): Johansen, P. Wilson, Keller, Gruenberg, Seaton, Petersen, Lynn The following fiscal note(s) apply: 1. Zero, House State Affairs Committee HJR 13 is on today's calendar. HB 3 The State Affairs Committee considered: HOUSE BILL NO. 3 "An Act relating to issuance of driver's licenses." and recommends it be replaced with: CS FOR HOUSE BILL NO. 3(STA) (same title) The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (3): P. Wilson, Keller, Lynn No recommendation (4): Johansen, Gruenberg, Seaton, Petersen The following fiscal note(s) apply to CSHB 3(STA): 1. Zero, Dept. of Administration HB 3 was referred to the Finance Committee. HB 14 The State Affairs Committee considered: 2011-02-02 House Journal Page 0169 HOUSE BILL NO. 14 "An Act authorizing state agencies to pay private legal fees and costs incurred by persons exonerated of alleged Alaska Executive Branch Ethics Act violations; allowing certain public officers and former public officers to accept state payments to offset private legal fees and costs related to defending against an Alaska Executive Branch Ethics Act complaint; and creating certain exceptions to Alaska Executive Branch Ethics Act limitations on the use of state resources to provide or pay for transportation of spouses and children of the governor and the lieutenant governor." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (3): Gruenberg, Seaton, Petersen No recommendation (2): Johansen, Lynn Amend (1): P. Wilson The following fiscal note(s) apply: 1. Zero, Dept. of Law HB 14 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Mary C. Krogstad By Senators Huggins, Olson In Memoriam - M. Celeste Toussaint By Senator Davis 2011-02-02 House Journal Page 0170 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 15 HOUSE JOINT RESOLUTION NO. 15 by Representatives Herron and Kerttula: Relating to collaboration with the Yukon and the Northwest Territories through the Pacific NorthWest Economic Region and its Arctic Caucus to address common issues. was read the first time and referred to the House Special Committee on Economic Development, Trade, & Tourism. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 137 HOUSE BILL NO. 137 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; repealing appropriations; making appropriations to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated January 31, 2011, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to supplemental appropriations for the State's operating and capital budgets for Fiscal Year 2011 (FY2011). The supplemental budget reflects increases in delivering state services and programs that were not anticipated when the FY2011 budget was brought forward for consideration during the 2010 legislative session. 2011-02-02 House Journal Page 0171 The FY2011 operating supplemental request corrects errors made in the original calculation of bargaining unit agreement costs and funding sources, and a one-time request to address cash-flow issues relating to the timing of industry receipts that support the Alaska Seafood Marketing Institute. The FY2011 capital supplemental request includes increases in Federal highway and aviation funds available for specific projects that are ready to go out for bid this summer, emergency repairs to roads and bridges, and reductions that reflect available balances for specific projects. Thank you for your consideration of this bill. Sincerely, /s/ Sean Parnell Governor" HB 138 HOUSE BILL NO. 138 by Representatives Guttenberg, Gardner, and Kerttula, entitled: "An Act relating to regulation of certain oil and gas facilities by the Regulatory Commission of Alaska." was read the first time and referred to the Labor & Commerce and Resources Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 13 The following was read the second time: HOUSE JOINT RESOLUTION NO. 13 Honoring President Reagan on the 100th anniversary of his birth. 2011-02-02 House Journal Page 0172 with the: Journal Page STA RPT 7DP 167 FN1: ZERO(H.STA) 168 Representative Austerman moved and asked unanimous consent that HJR 13 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 13 was read the third time. The question being: "Shall HJR 13 pass the House?" The roll was taken with the following result: HJR 13 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Gatto, Hawker Absent: Joule And so, HJR 13 passed the House and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Austerman 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 Chenault - from 7:20 a.m., February 3 to 9:22 a.m., February 7 2011-02-02 House Journal Page 0173 Representative Foster - from 6:00 a.m., February 4 to 10:00 p.m., February 6 HJR 13 Representative Herron added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 13 Honoring President Reagan on the 100th anniversary of his birth. HB 3 Representatives Keller and P. Wilson added their names as cosponsors to: HOUSE BILL NO. 3 "An Act relating to issuance of driver's licenses." HB 78 Representative Edgmon added his name as cosponsor to: HOUSE BILL NO. 78 "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." ENGROSSMENT HJR 13 HJR 13 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 Austerman moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 4, 2011. There being no objection, the House adjourned at 11:32 a.m. Suzi Lowell Chief Clerk