Legislature(2011 - 2012)

2011-03-21 House Journal

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2011-03-21                     House Journal                      Page 0527
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                TWENTY-SEVENTH LEGISLATURE - FIRST SESSION                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday                 March 21, 2011                                                       
                                                                                                                                
                             Sixty-third Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:33 a.m.                                                                                                          
                                                                                                                                
Roll call showed 23 members present.  Representatives Costello,                                                                 
Doogan, Fairclough, Gara, Hawker, Herron, Joule, Kawasaki, Millett,                                                             
Neuman, Stoltze, Thomas, and T. Wilson had been excused from a                                                                  
call of the House today.  Representative Tuck was absent.                                                                       
                                                                                                                                
Representative P. Wilson, Acting Majority Leader, moved and asked                                                               
unanimous consent that Representatives Austerman, Edgmon, and                                                                   
Guttenberg 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.                                                                                               
                                                                                                                                
     Spring.  Soon the dormant buds will open, the chill of winter                                                              
     will turn to warmth, we will all feel a little renewed and                                                                 
     refreshed.  But on this beautiful and peaceful day in Juneau,                                                              
     we know that there are others in the world who are facing the                                                              
     violence of man, others who are recovering from the violence                                                               
     of the earth, and our hearts go out to them.                                                                               
                                                                                                                                

2011-03-21                     House Journal                      Page 0528
     It reminds me of how important each of our days is, an                                                                     
     importance set to words by the great Sanskrit poet, Kalidasa,                                                              
     almost 2,000 years ago:                                                                                                    
                                                                                                                                
     Look to this day:  for it is life, the very life of life.  In its brief                                                    
     course lie all the verities and realities of your existence.  The                                                          
     bliss of growth, the glory of action, the splendour of                                                                     
     achievement are but experiences of time.  For yesterday is but                                                             
     a dream and tomorrow is only a vision; and today well-lived,                                                               
     makes yesterday a dream of happiness and every tomorrow a                                                                  
     vision of hope.  Look well therefore to this day.                                                                          
                                                                                                                                
     So be it.  Amen.                                                                                                           
                                                                                                                                
The Pledge of Allegiance was led by Representative Miller.                                                                      
                                                                                                                                
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
                       thstnd                                                                                                   
the journal for the 60, 61, and 62 legislative days be approved as                                                              
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Miller introduced Justice Fike, Guest Page, from North                                                           
Pole.                                                                                                                           
                                                                                                                                
Representative Johansen introduced his daughter, Jacie Johansen,                                                                
Guest Page, from Ketchikan.                                                                                                     
                                                                                                                                
Representative Kerttula introduced Gracie Lazar, Guest Page, from                                                               
Juneau.                                                                                                                         
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HCR 4                                                                                                                         
A message dated March 18, 2011, was read stating the Senate passed:                                                             
                                                                                                                                

2011-03-21                     House Journal                      Page 0529
     HOUSE CONCURRENT RESOLUTION NO. 4                                                                                          
     Proposing amendments to the Uniform Rules of the Alaska State                                                              
     Legislature providing that the 2010 edition of "Mason's Manual of                                                          
     Legislative Procedure" shall implement the rules; and providing                                                            
     for an effective date for the amendments.                                                                                  
                                                                                                                                
HCR 4 was referred to the Chief Clerk for enrollment.                                                                           
                                                                                                                                
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Dept. of Administration                                                                                                         
Office of the Commissioner                                                                                                      
Monetary Terms of Agreement Between the State and Alaska                                                                        
Vocational Technical Center Teachers' Association                                                                               
March 18, 2011                                                                                                                  
(as required by AS 23.40.215)                                                                                                   
                                                                                                                                
The Speaker referred the monetary terms to the Finance Committee.                                                               
                                                                                                                                
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
The Judiciary Committee reviewed the qualifications of the following                                                            
and recommends the appointment be forwarded to a joint session for                                                              
consideration:                                                                                                                  
                                                                                                                                
                                  John Burns                                                                                    
                                                                                                                                
as Attorney General.                                                                                                            
                                                                                                                                
The report was signed by Representative Gatto, Chair; and                                                                       
Representatives Lynn, Gruenberg, Thompson, Holmes, and Pruitt.                                                                  
                                                                                                                                
The Resources Committee reviewed the qualifications of the following                                                            
and recommends the appointments be forwarded to a joint session for                                                             
consideration:                                                                                                                  
                                                                                                                                

2011-03-21                     House Journal                      Page 0530
                                Cora Campbell                                                                                   
                                                                                                                                
as Commissioner of the Department of Fish and Game.                                                                             
                                                                                                                                
                                Michael Smith                                                                                   
                                                                                                                                
as a member of the Board of Fisheries.                                                                                          
                                                                                                                                
                             Daniel Seamount, Jr.                                                                               
                                                                                                                                
as a member of the Alaska Oil and Gas Conservation Commission.                                                                  
                                                                                                                                
The reports were signed by Representatives Feige and Seaton, Co-                                                                
chairs; and Representatives Gardner, Munoz, P. Wilson, and Dick.                                                                
                                                                                                                                
HB 150                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 150                                                                                                         
     "An Act relating to the protection of property of persons under                                                            
     disability and minors; relating to the crime of violating a                                                                
     protective order concerning certain vulnerable persons; relating to                                                        
     aggravating factors at sentencing for offenses concerning a victim                                                         
     65 years or older; relating to the protection of vulnerable adults;                                                        
     amending Rule 12(h), Alaska Rules of Criminal Procedure;                                                                   
     amending Rule 45(a), Alaska Rules of Criminal Procedure;                                                                   
     amending Rule 65, Alaska Rules of Civil Procedure; amending                                                                
     Rule 17, Alaska Rules of Probate Procedure; amending Rule 9,                                                               
     Alaska Rules of Administration; and providing for an effective                                                             
     date."                                                                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 150(JUD)                                                                                             
     "An Act relating to the protection of property of persons under                                                            
     disability and minors; relating to the crime of violating a                                                                
     protective order concerning certain vulnerable persons; relating to                                                        
     aggravating factors at sentencing for offenses concerning a victim                                                         
     65 years or older; relating to the protection of vulnerable adults;                                                        
     making conforming amendments; amending Rules 12(h) and                                                                     

2011-03-21                     House Journal                      Page 0531
     45(a), Alaska Rules of Criminal Procedure, Rule 77, Alaska Rules                                                           
     of Civil Procedure, Rule 17, Alaska Rules of Probate Procedure,                                                            
     and Rule 9, Alaska Rules of Administration; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
The report was signed by Representative Gatto, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Lynn, Holmes, Thompson, Pruitt, Gruenberg, Gatto                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 150(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
2.  Zero, Dept. of Administration                                                                                               
3.  Zero, Dept. of Law                                                                                                          
4.  Fiscal, Dept. of Public Safety                                                                                              
5.  Zero, Dept. of Public Safety                                                                                                
6.  Indeterminate, Dept. of Corrections                                                                                         
7.  Zero, Alaska Court System                                                                                                   
                                                                                                                                
HB 150 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 - John Quniaq Baker, 2011 Iditarod Champion                                                                            
By Representative Joule                                                                                                         
                                                                                                                                
Honoring - Chanlyut                                                                                                             
By Representative Gruenberg                                                                                                     
                                                                                                                                
Honoring - Credit Union 1                                                                                                       
By Representative Gruenberg                                                                                                     
                                                                                                                                
Honoring - Michael Rehe, Eagle Scout                                                                                            
By Senator Wielechowski; Representative Petersen                                                                                
                                                                                                                                
Honoring - Richard Toymil, 2010 National Distinguished Principal                                                                
By Senator Dyson                                                                                                                

2011-03-21                     House Journal                      Page 0532
In Memoriam - Barbara Newell                                                                                                    
By Representative Gruenberg                                                                                                     
                                                                                                                                
In Memoriam - Susan Joy "Sue" Thompson                                                                                          
By Senator Stevens; Representative Austerman                                                                                    
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 200                                                                                                                        
HOUSE BILL NO. 200 by Representative Gatto, entitled:                                                                           
                                                                                                                                
     "An Act relating to restricting collective bargaining by certain                                                           
     public employees."                                                                                                         
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Judiciary Committees.                                                                                                           
                                                                                                                                
HB 201                                                                                                                        
HOUSE BILL NO. 201 by Representative Guttenberg, entitled:                                                                      
                                                                                                                                
     "An Act establishing the Alaska Broadband Task Force."                                                                     
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative P. Wilson 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 - Greg Carlson, 2010 Alaska Music Educator of the Year                                                                 
By Representatives Herron, Chenault, Cissna, Costello, Dick, Doogan,                                                            
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki,                                                                 
Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson; Senator Hoffman                                                                                           

2011-03-21                     House Journal                      Page 0533
Honoring - Kaylee Miltersen, Alaska State Poetry Out Loud Finalist                                                              
By Senator Dyson; Representatives Chenault, Cissna, Costello, Dick,                                                             
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
Honoring - Christa Hayes                                                                                                        
By Senator Menard; Representatives Chenault, Cissna, Costello, Dick,                                                            
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
                                                                                                                                
Honoring - Kenai Chamber of Commerce, 2010 Community Service                                                                    
Awards                                                                                                                          
By Senator Wagoner; Representatives Chenault, Olson, Cissna,                                                                    
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes,                                                                  
Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller,                                                             
Millett, Munoz, Neuman, Petersen, Pruitt, Saddler, Seaton, Stoltze,                                                             
Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                                    
                                                                                                                                
Honoring - Soldotna Chamber of Commerce, 2010 Community                                                                         
Service Awards                                                                                                                  
By Senator Wagoner; Representatives Chenault, Olson, Cissna,                                                                    
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes,                                                                  
Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller,                                                             
Millett, Munoz, Neuman, Petersen, Pruitt, Saddler, Seaton, Stoltze,                                                             
Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                                    
                                                                                                                                
                                                                                                                                
               th                                                                                                               
Honoring - 75 Anniversary of Alaska State Fair                                                                                  
By Senator Menard; Representatives Stoltze, Chenault, Austerman,                                                                
Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster,                                                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron,                                                                    

2011-03-21                     House Journal                      Page 0534
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn,                                                             
Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler,                                                               
Seaton, Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                            
                                                                                                                                
In Memoriam - Joyce Munson                                                                                                      
By Representatives Tuck, Chenault, Cissna, Costello, Dick, Doogan,                                                              
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
P. Wilson, T. Wilson; Senator Meyer                                                                                             
                                                                                                                                
In Memoriam - Gregory Moxie                                                                                                     
By Representatives Edgmon, Chenault, Cissna, Costello, Dick,                                                                    
Doogan, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P. Wilson, T. Wilson; Senator Hoffman                                                                                     
                                                                                                                                
In Memoriam - Frederick Lyall Lambing                                                                                           
By Representatives Keller, Stoltze, Gatto, Neuman, Chenault, Cissna,                                                            
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen,                                                               
Johnson, Joule, Kawasaki, Kerttula, Lynn, Miller, Millett, Munoz,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck,                                                               
P. Wilson, T. Wilson; Senators Huggins, Menard                                                                                  
                                                                                                                                
In Memoriam - Robert I. Vanderpool                                                                                              
By Representatives Herron, Chenault, Cissna, Costello, Dick, Doogan,                                                            
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki,                                                                 
Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson; Senator Hoffman                                                                                           
                                                                                                                                
In Memoriam - James "Jimbo" Edwards                                                                                             
By Representatives Doogan, Holmes, Chenault, Cissna, Costello,                                                                  
Dick, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                  
Gruenberg, Guttenberg, Hawker, Herron, Johansen, Johnson, Joule,                                                                

2011-03-21                     House Journal                      Page 0535
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P. Wilson, T. Wilson; Senator Menard                                                                                      
                                                                                                                                
In Memoriam - Sarah Lee "Sally" Elliott                                                                                         
By Senator Hoffman; Representatives Herron, Chenault, Cissna,                                                                   
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen,                                                                
Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett,                                                              
Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze,                                                               
Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                                    
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative P. Wilson 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 Hawker - from 11:00 a.m., March 19 to 10:00 p.m.,                                                                
March 22 (amended from page 495)                                                                                                
                                                                                                                                
HCR 4                                                                                                                         
The following memorandum dated March 19, 2011, was received from                                                                
Patty Rose, Enrolling Secretary, Division of Legal and Research                                                                 
Services, regarding:                                                                                                            
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 4                                                                                          
     Proposing amendments to the Uniform Rules of the Alaska State                                                              
     Legislature providing that the 2010 edition of "Mason's Manual of                                                          
     Legislative Procedure" shall implement the rules; and providing                                                            
     for an effective date for the amendments.                                                                                  
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest error in HCR 4,                                                              
which has been corrected in enrolling:                                                                                          
                                                                                                                                
Page 2, line 5:                                                                                                                 
     Delete "This"                                                                                                              
     Insert "The""                                                                                                              
                                                                                                                                

2011-03-21                     House Journal                      Page 0536
HB 11                                                                                                                         
Representative Munoz added her name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE BILL NO. 11                                                                                                          
     "An Act requiring that retiree health insurance coverage offered                                                           
     by the state and by certain local governments include coverage for                                                         
     colorectal screening, including colonoscopies."                                                                            
                                                                                                                                
HB 168                                                                                                                        
Representatives Keller and Thompson added their names as                                                                        
cosponsors to:                                                                                                                  
                                                                                                                                
     HOUSE BILL NO. 168                                                                                                         
     "An Act requiring the amount of the security given by a party                                                              
     seeking an injunction or order vacating or staying the operation of                                                        
     a permit affecting an industrial operation to include an amount for                                                        
     the payment of wages and benefits for employees and payments to                                                            
     contractors and subcontractors that may be lost if the industrial                                                          
     operation is wrongfully enjoined."                                                                                         
                                                                                                                                
                                                                                                                                
HB 191                                                                                                                        
Representative Munoz added her name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE BILL NO. 191                                                                                                         
     "An Act establishing a state department of agriculture and food                                                            
     and relating to its powers and duties; relating to the powers and                                                          
     duties of the Department of Environmental Conservation and the                                                             
     Department of Natural Resources; and providing for an effective                                                            
     date."                                                                                                                     
                                                                                                                                
                                                                                                                                
                             EXECUTIVE ORDERS                                                                                
                                                                                                                                
EO 115                                                                                                                        
In accordance with art. III, sec. 23, Constitution of the State of Alaska,                                                      
the House did not disapprove the following executive order within 60                                                            
days, and it was transmitted to the Office of the Governor at 9:50 a.m.,                                                        
March 21, 2011:                                                                                                                 
                                                                                                                                

2011-03-21                     House Journal                      Page 0537
     EXECUTIVE ORDER NO. 115                                                                                                    
     Realigning the oversight authority of the Alaska Aerospace                                                                 
     Corporation from the Department of Commerce, Community, and                                                                
     Economic Development to the Department of Military and                                                                     
     Veterans' Affairs.                                                                                                         
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the House adjourn until 10:45 a.m., March 22, 2011, for a joint                                                                 
session.  There being no objection, the House adjourned at 11:58 a.m.                                                           
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk