Legislature(2011 - 2012)

2011-04-17 House Journal

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2011-04-17                     House Journal                      Page 1073
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                TWENTY-SEVENTH LEGISLATURE - FIRST SESSION                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                     Sunday                  April 17, 2011                                                     
                                                                                                                                
                               Ninetieth Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 1:10 p.m.                                                                                                           
                                                                                                                                
Roll call showed 40 members present.                                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, Representative Gatto.                                                               
Representative P. Wilson moved and asked unanimous consent that                                                                 
the invocation be spread on the journal.  There being no objection, it                                                          
was so ordered.                                                                                                                 
                                                                                                                                
     Today is Palm Sunday but I am pretty sure that no one has their                                                            
     Bible on their desk.  No problem.  Let us together take an                                                                 
     imaginary trip, opening our imaginary Bible in the Old Testament                                                           
     written in maybe 900 B.C.  We are in the book known as                                                                     
     "Proverbs."  Why Proverbs?  Because Proverbs is a collection of                                                            
     wise sayings and good advice and is perhaps the most practical                                                             
     book in the Old Testament.  It teaches wisdom (actually: skillful                                                          
     living).  In Proverbs we find pithy statements, maxims, and really                                                         
     great stories.  Maxims? What are maxims?  Maxims are principles                                                            
     that we use in making decisions.  They are decision helpers.                                                               
     Many of the proverbs are written by the wise King Solomon, but                                                             
     the one for today comes from King Lemuel.  He describes what                                                               
     the men of 1000 years ago thought of their spouses.                                                                        
                                                                                                                                
       Taken from Proverbs and titled "The Wife of Noble Character":                                                           
                                                                                                                                
     She is more precious than rubies.  She gets up while it is still                                                           
     dark; she provides food for her family.  She sets about her work                                                           
     vigorously, her arms are strong.  She extends a helping hand to                                                            

2011-04-17                     House Journal                      Page 1074
     the poor and opens her arms to the needy.  When it snows she has                                                           
     no fear for her household, for everyone has warm clothes.  She                                                             
     speaks with wisdom, her words are wise, and she gives                                                                      
     instructions with kindness.  Her children rise and call her blessed,                                                       
     her husband also, and he praises her.                                                                                      
                                                                                                                                
     That completes but a few of the 30 metaphors describing the Wife                                                           
     of Noble Character.                                                                                                        
                                                                                                                                
     Are we a person of noble character?  On this which could be our                                                            
     final Sunday of the 2011 session, let us prepare ourselves for our                                                         
     departure from this great place.  When we adjourn on the final day                                                         
     and pass through the last of several sets of double doors, we ask                                                          
     that you help us achieve this gift of noble behavior by reminding                                                          
     us why what we do is more important than what we say.                                                                      
                                                                                                                                
     Here are our tasks:  Motivate us to right at least one wrong, no                                                           
     matter how large, or small.  Should we face a huge obstacle, help                                                          
     us gather strength.  If we encounter a seemingly insignificant                                                             
     event, help us perform with excellence.  Let us always try to                                                              
     understand, not just be understood; may we try to love, not just be                                                        
     loved.  Let each of us become a blessing in the lives of others.                                                           
     And since we depend so much on the work of others, please give                                                             
     extra attention to the staff, the custodians, the other building                                                           
     workers, and all those selected to serve.                                                                                  
                                                                                                                                
     Finally and maybe most importantly:  Consider the American                                                                 
     soldier.  Place your hand on each of these men and women who                                                               
     battle each day and each night in faraway lands fighting for their                                                         
     country and their countrymen to ensure that our way of life is                                                             
     protected.  Bring them safely home.  Amen.                                                                                 
                                                                                                                                
The Pledge of Allegiance was led by Representative Feige.                                                                       
                                                                                                                                
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
                       th                                                                                                       
the journal for the 89 legislative day be approved as certified by the                                                          
Chief Clerk.  There being no objection, it was so ordered.                                                                      

2011-04-17                     House Journal                      Page 1075
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HCR 7                                                                                                                         
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 7                                                                                          
     Relating to awarding the Alaska Decoration of Honor to certain                                                             
     members of the military.                                                                                                   
                                                                                                                                
HCR 7 was referred to the Chief Clerk for enrollment.                                                                           
                                                                                                                                
HCR 15                                                                                                                        
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 15                                                                                         
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 1,                                                                
     requiring the state Board of Education and Early Development to                                                            
     provide an annual report to the legislature.                                                                               
                                                                                                                                
HCR 15 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HJR 24                                                                                                                        
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 24                                                                                              
     Urging the United States Congress to reauthorize the Secure Rural                                                          
     Schools and Communities Self-Determination Act of 2000.                                                                    
                                                                                                                                
HJR 24 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 87                                                                                                                         
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 87(L&C)                                                                                              
     "An Act relating to civil and criminal penalties for antitrust                                                             
     violations."                                                                                                               
                                                                                                                                
CSHB 87(L&C) was referred to the Chief Clerk for enrollment.                                                                    
                                                                                                                                

2011-04-17                     House Journal                      Page 1076
HB 101                                                                                                                        
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 101(STA)                                                                                             
     "An Act establishing the fourth Saturday of July each year as Ted                                                          
     Stevens Day."                                                                                                              
                                                                                                                                
CSHB 101(STA) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
HB 130                                                                                                                        
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 130(L&C)                                                                                             
     "An Act relating to municipal building code requirements for fire                                                          
     sprinkler systems in certain residential buildings."                                                                       
                                                                                                                                
CSHB 130(L&C) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
HB 188                                                                                                                        
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE BILL NO. 188                                                                                                         
     "An Act relating to the interest that may be charged by express                                                            
     agreement."                                                                                                                
                                                                                                                                
HB 188 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
HB 214                                                                                                                        
A message dated April 16, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE BILL NO. 214 am                                                                                                      
     "An Act naming the Ketchikan ferry terminal the Walter L.                                                                  
     Kubley Ketchikan Ferry Terminal."                                                                                          
                                                                                                                                
HB 214 am was referred to the Chief Clerk for enrollment.                                                                       
                                                                                                                                
A message dated April 16, 2011, was read stating the Senate passed                                                              
the following, and it is transmitted for consideration:                                                                         
                                                                                                                                

2011-04-17                     House Journal                      Page 1077
                        FIRST READING AND REFERENCE                                                                          
                              OF SENATE BILLS                                                                                
                                                                                                                                
SB 98                                                                                                                         
CS FOR SENATE BILL NO. 98(JUD) by the Senate Judiciary                                                                          
Committee, entitled:                                                                                                            
                                                                                                                                
     "An Act relating to biometric information."                                                                                
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Judiciary Committees.                                                                                                       
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HCR 18                                                                                                                        
HOUSE CONCURRENT RESOLUTION NO. 18 by the House                                                                                 
Special Committee on Fisheries:                                                                                                 
                                                                                                                                
     Relating to an examination of fisheries-related programs and                                                               
     resources in the state to determine how those programs and                                                                 
     resources may best be strengthened and focused to facilitate the                                                           
     entry of young Alaskans into gainful, lifelong commercial                                                                  
     fisheries careers and to the development of a systematic,                                                                  
     aggressive, and sustained program to turn the tide on the graying                                                          
     of the fleet and to increase ownership of successful commercial                                                            
     fisheries operations by young Alaskans.                                                                                    
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Fisheries.                                                                                                                      
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 240                                                                                                                        
HOUSE BILL NO. 240 by Representatives Chenault, Johnson, and                                                                    
Olson, entitled:                                                                                                                
                                                                                                                                

2011-04-17                     House Journal                      Page 1078
     "An Act relating to the replacement of a personal use cabin that is                                                        
     destroyed by a wildland fire or other act of God; and providing for                                                        
     an effective date."                                                                                                        
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 241                                                                                                                        
HOUSE BILL NO. 241 by Representative Kerttula, entitled:                                                                        
                                                                                                                                
     "An Act relating to certain investments of the Alaska permanent                                                            
     fund, the state's retirement systems, the State of Alaska                                                                  
     Supplemental Annuity Plan, and the deferred compensation                                                                   
     program for state employees in certain companies that do business                                                          
     in Iran, and restricting those investments; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                                                                                                                
                      SECOND READING OF SENATE BILLS                                                                         
                                                                                                                                
SB 58                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
     SENATE BILL NO. 58                                                                                                         
     "An Act increasing the number of superior court judges                                                                     
     designated for the third judicial district; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 FIN RPT 9DP 1NR                                                      1041                                                      
 FN2: (CRT)                                                           1041                                                      
 FN3: (ADM)                                                           1041                                                      
 FN4: (ADM)                                                           1041                                                      
 FN7: (LAW)                                                           1041                                                      
 FN8: ZERO(GOV)                                                       1041                                                      

2011-04-17                     House Journal                      Page 1079
 FN9: ZERO(COR)                                                       1041                                                      
 FN10: ZERO(S.FIN/DPS)                                                1041                                                      
 FN11: (CRT)                                                          1041                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
SB 58 be considered engrossed, advanced to third reading, and placed                                                            
on final passage.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
SB 58 was read the third time.                                                                                                  
                                                                                                                                
The question being:  "Shall SB 58 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
SB 58                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, 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                                                                                                        
                                                                                                                                
And so, SB 58 passed the House.                                                                                                 
                                                                                                                                
Representative Austerman 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.                                                            
                                                                                                                                
SB 58 was signed by the Speaker and Chief Clerk and returned to the                                                             
Senate.                                                                                                                         
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a Call of the Chair; and so, the House recessed at 1:40 p.m.                                                                    
                                                                                                                                
                               AFTER RECESS                                                                                  
                                                                                                                                
The Speaker called the House back to order at 9:07 p.m.                                                                         

2011-04-17                     House Journal                      Page 1080
The Speaker stated that, without objection, the House would revert to:                                                          
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HB 19                                                                                                                         
A message dated April 17, 2011, was read stating the Senate failed to                                                           
recede from its amendment to:                                                                                                   
                                                                                                                                
     HOUSE BILL NO. 19                                                                                                          
     "An Act relating to special request registration plates; and                                                               
     providing for an effective date."                                                                                          
                                                                                                                                
namely:                                                                                                                         
                                                                                                                                
     SENATE CS FOR HOUSE BILL NO. 19(STA)                                                                                       
     (same title)                                                                                                               
                                                                                                                                
The President appointed the following members to a Conference                                                                   
Committee to meet with a like committee from the House to consider                                                              
the bills:                                                                                                                      
                                                                                                                                
 Senator Meyer, Chair                                                                                                           
 Senator Wielechowski                                                                                                           
 Senator Menard                                                                                                                 
                                                                                                                                
The House members of the Conference Committee are Representatives                                                               
Lynn (Chair), Seaton, and Holmes (page 1059).                                                                                   
                                                                                                                                
SB 84                                                                                                                         
A message dated April 17, 2011, was received stating the Senate has                                                             
returned the following at the request of the House:                                                                             
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN)                                                                                
     "An Act amending the funding for statewide residential                                                                     
     educational programs; relating to funding for high school                                                                  
     vocational and technical instruction as a component of funding for                                                         
     public schools; relating to education tax credits; creating a pilot                                                        
     project in the Iditarod Area School District; providing for an                                                             
     effective date by amending the effective date in sec. 57, ch. 92,                                                          
     SLA 2010; and providing for an effective date."                                                                            
                                                                                                                                
     (HCR 16 - title change resolution)                                                                                         

2011-04-17                     House Journal                      Page 1081
and                                                                                                                             
                                                                                                                                
     CS FOR SENATE BILL NO. 84(FIN)                                                                                             
     "An Act relating to funding for high school vocational and                                                                 
     technical instruction as a component of funding for public                                                                 
     schools; relating to the base student allocation; relating to                                                              
     education tax credits; providing for an effective date by amending                                                         
     the effective date in sec. 57, ch. 92, SLA 2010; and providing for                                                         
     an effective date."                                                                                                        
                                                                                                                                
SB 95                                                                                                                         
A message dated April 17, 2011, was read stating the Senate                                                                     
concurred in the House amendment to:                                                                                            
                                                                                                                                
     SENATE BILL NO. 95                                                                                                         
     "An Act naming the ferry terminal located at Auke Bay in Juneau                                                            
     the Frank Palmer Ferry Terminal."                                                                                          
                                                                                                                                
thus adopting:                                                                                                                  
                                                                                                                                
     SENATE BILL NO. 95 am H                                                                                                    
     "An Act naming the ferry terminal located at Auke Bay in Juneau                                                            
     the Frank Palmer Auke Bay Ferry Terminal."                                                                                 
                                                                                                                                
 (HCR 17 - title change resolution)                                                                                             
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
SB 102                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
     SENATE BILL NO. 102                                                                                                        
     "An Act relating to certain payments made under the Alaska                                                                 
     affordable heating program."                                                                                               
                                                                                                                                
The report was signed by Representatives Stoltze and Thomas, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (6):  Guttenberg, Gara, Joule, T. Wilson, Edgmon, Thomas                                                                
                                                                                                                                

2011-04-17                     House Journal                      Page 1082
No recommendation (4):  Neuman, Costello, Doogan, Stoltze                                                                       
                                                                                                                                
Amend (1):  Fairclough                                                                                                          
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
                                                                                                                                
SB 102 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
                       REPORTS OF SPECIAL COMMITTEES                                                                         
                                                                                                                                
HB 19                                                                                                                         
The Conference Committee considering:                                                                                           
                                                                                                                                
     HOUSE BILL NO. 19                                                                                                          
     "An Act relating to special request registration plates; and                                                               
     providing for an effective date."                                                                                          
                                                                                                                                
and                                                                                                                             
                                                                                                                                
     SENATE CS FOR HOUSE BILL NO. 19(STA)                                                                                       
     (same title)                                                                                                               
                                                                                                                                
requests limited powers of free conference on the following specific                                                            
point(s):                                                                                                                       
                                                                                                                                
        Section 1, subsection (hh) and Section 3, paragraph (25) of                                                            
     SCS HB 19(STA)                                                                                                             
                                                                                                                                
The request was signed by Representatives Lynn (Chair), Holmes,                                                                 
Seaton; and Senators Meyer (Chair), Wielechowski, Menard.                                                                       
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                

2011-04-17                     House Journal                      Page 1083
The Conference Committee with limited powers of free conference                                                                 
considering HB 19 and SCS HB 19(STA) recommends the following                                                                   
be adopted:                                                                                                                     
                                                                                                                                
     CONFERENCE CS FOR HOUSE BILL NO. 19                                                                                        
     "An Act relating to special request registration plates; and                                                               
     providing for an effective date."                                                                                          
                                                                                                                                
The report was signed by Representatives Lynn (Chair), Seaton,                                                                  
Holmes; and Senators Meyer (Chair), Wielechowski, Menard.                                                                       
                                                                                                                                
The following fiscal note(s) apply to CCS HB 19:                                                                                
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
Representative Austerman moved that the House adopt the Conference                                                              
Committee with limited powers of free conference report, thus                                                                   
adopting CCS HB 19.                                                                                                             
                                                                                                                                
The question being:  "Shall the House adopt the report?"  The roll was                                                          
taken with the following result:                                                                                                
                                                                                                                                
CCS HB 19                                                                                                                       
Adopt                                                                                                                           
                                                                                                                                
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Chenault, Cissna, Edgmon, Foster, Gara, Gardner, Gatto,                                                                  
Gruenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                    
Keller, Kerttula, Lynn, Miller, Millett, Olson, Petersen, Seaton,                                                               
Thomas, Tuck                                                                                                                    
                                                                                                                                
Nays:  Austerman, Costello, Dick, Doogan, Fairclough, Feige,                                                                    
Guttenberg, Kawasaki, Munoz, Neuman, Pruitt, Saddler, Stoltze,                                                                  
Thompson, P.Wilson, T.Wilson                                                                                                    
                                                                                                                                
And so, the House adopted CCS HB 19.                                                                                            
                                                                                                                                
Representative Austerman moved the effective date clause.                                                                       
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                

2011-04-17                     House Journal                      Page 1084
CCS HB 19                                                                                                                       
Adopt                                                                                                                           
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, 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                                                                                                                  
                                                                                                                                
Nays:  Dick, T.Wilson                                                                                                           
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 242                                                                                                                        
HOUSE BILL NO. 242 by Representatives P. Wilson and Dick,                                                                       
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to funding for digital learning as a component of                                                         
     public school funding."                                                                                                    
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The House advanced to:                                                                                                          
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                (continued)                                                                                    
                                                                                                                                
                           LEGISLATIVE CITATIONS                                                                             
                                                                                                                                
Representative Austerman 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:                                                         

2011-04-17                     House Journal                      Page 1085
Honoring - Lieutenant Brandon David Stone, U.S.N.                                                                               
By Representatives Saddler, Thomas, Stoltze, 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, Seaton, Thompson,                                                              
Tuck, P. Wilson, T. Wilson                                                                                                      
                                                                                                                                
Honoring - Mark David Drygas                                                                                                    
By Representatives Miller, Kawasaki, Chenault, Cissna, Costello,                                                                
Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner,                                                                 
Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen,                                                                 
Johnson, Joule, Keller, Kerttula, Lynn, Millett, Munoz, Neuman,                                                                 
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P. Wilson, T. Wilson                                                                                                      
                                                                                                                                
Honoring - Todd Starr                                                                                                           
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                                                                                                            
                                                                                                                                
Honoring - Senate Sergeant-at-Arms, Senate Assistant Sergeant-at-                                                               
Arms, Senate Pages                                                                                                              
By Senator Ellis; 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                                                                                            
                                                                                                                                
                                                                                                                                
                            UNFINISHED BUSINESS                                                                              
                                                                                                                                
SB 84                                                                                                                         
Representative Austerman moved and asked unanimous consent that                                                                 
the House rescind previous action in passing (page 1047):                                                                       
                                                                                                                                

2011-04-17                     House Journal                      Page 1086
     HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN)                                                                                
     "An Act amending the funding for statewide residential                                                                     
     educational programs; relating to funding for high school                                                                  
     vocational and technical instruction as a component of funding for                                                         
     public schools; relating to education tax credits; creating a pilot                                                        
     project in the Iditarod Area School District; providing for an                                                             
     effective date by amending the effective date in sec. 57, ch. 92,                                                          
     SLA 2010; and providing for an effective date."                                                                            
                                                                                                                                
     (HCR 16 - title change resolution)                                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
HCS CSSB 84(FIN) was again before the House in third reading.                                                                   
                                                                                                                                
Representative Kerttula moved and asked unanimous consent that                                                                  
HCS CSSB 84(FIN) be returned to second reading for the specific                                                                 
purpose of considering Amendment No. 4.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
Amendment No. 4 was offered  by Representative Kerttula:                                                                         
                                                                                                                                
Page 5, line 13:                                                                                                                
     Delete "and"                                                                                                           
                                                                                                                                
Page 5, line 17, following "state":                                                                                         
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 5, line 31:                                                                                                                
     Delete "and"                                                                                                           
                                                                                                                                
Page 6, line 4, following "state":                                                                                          
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     

2011-04-17                     House Journal                      Page 1087
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 6, line 18:                                                                                                                
     Delete "and"                                                                                                           
                                                                                                                                
Page 6, line 22, following "state":                                                                                         
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 7, line 5:                                                                                                                 
     Delete "and"                                                                                                           
                                                                                                                                
Page 7, line 9, following "state":                                                                                          
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 7, line 23:                                                                                                                
     Delete "and"                                                                                                           
                                                                                                                                
Page 7, line 27, following "state":                                                                                         
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 8, line 10:                                                                                                                
     Delete "and"                                                                                                           
                                                                                                                                

2011-04-17                     House Journal                      Page 1088
Page 8, line 14, following "state":                                                                                         
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 8, line 29:                                                                                                                
     Delete "and"                                                                                                           
                                                                                                                                
Page 9, line 2, following "state":                                                                                          
     Insert "; and                                                                                                          
              (6)  for education, research, rehabilitation, and                                                             
     facilities by an institution that is located in the state and that                                                     
     qualifies as a coastal ecosystem learning center under the                                                             
     Coastal America Partnership established by the federal                                                                 
     government"                                                                                                            
                                                                                                                                
Page 9, line 31, through page 10, line 3:                                                                                       
     Delete all material and insert:                                                                                            
   "* Sec. 14. AS 21.96.070(a)(4), 21.96.070(a)(5), 21.96.070(a)(6);                                                        
AS 43.20.014(a)(4),            43.20.014(a)(5),           43.20.014(a)(6);                                                      
AS 43.55.019(a)(4),            43.55.019(a)(5),           43.55.019(a)(6);                                                      
AS 43.56.018(a)(4),            43.56.018(a)(5),           43.56.018(a)(6);                                                      
AS 43.65.018(a)(4),            43.65.018(a)(5),           43.65.018(a)(6);                                                      
AS 43.75.018(a)(4),            43.75.018(a)(5),           43.75.018(a)(6);                                                      
AS 43.77.045(a)(4), 43.77.045(a)(5), and 43.77.045(a)(6) are repealed                                                           
January 1, 2021."                                                                                                               
                                                                                                                                
Representative Kerttula moved and asked unanimous consent that                                                                  
Amendment No. 4 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
HCS CSSB 84(FIN) am H was automatically in third reading.                                                                       
                                                                                                                                
                                                                                                                                
The question being:  "Shall HCS CSSB 84(FIN) am H pass the                                                                      
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                

2011-04-17                     House Journal                      Page 1089
HCS CSSB 84(FIN) am H                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, 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                                                                                                        
                                                                                                                                
And so, HCS CSSB 84(FIN) am H passed the House.                                                                                 
                                                                                                                                
Representative Austerman 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.                                                            
                                                                                                                                
In accordance with Rule 43(b) of the Uniform Rules, the Speaker                                                                 
waived engrossment of HCS CSSB 84(FIN) am H.  It was signed by                                                                  
the Speaker and Chief Clerk and transmitted to the Senate with copies                                                           
of certified amendments attached.                                                                                               
                                                                                                                                
                                                                                                                                
                         SPECIAL ORDER OF BUSINESS                                                                           
                                                                                                                                
HR 9                                                                                                                          
Representative Austerman moved and asked unanimous consent that                                                                 
the following by Representative Chenault be taken up as a Special                                                               
Order of Business:                                                                                                              
                                                                                                                                
     HOUSE RESOLUTION NO. 9                                                                                                     
     Relating to adjournment of the First Regular Session of the                                                                
     Twenty-Seventh Alaska State Legislature and certifying to                                                                  
     Governor Sean Parnell the disagreement between the House of                                                                
     Representatives and the Senate regarding the time of the                                                                   
     legislature's adjournment.                                                                                                 
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2011-04-17                     House Journal                      Page 1090
The Speaker requested that the Chief Clerk read HR 9 in full.  The                                                              
following resolution was read:                                                                                                  
                                                                                                                                
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:                                                                               
                                                                                                                                
     WHEREAS the voters of the State of Alaska approved General                                                               
Election Ballot Measure No. 1 in 2006, thus adopting a limit of 90                                                              
days for a regular legislative session; and                                                                                     
     WHEREAS the First Regular Session of the Twenty-Seventh                                                                  
Alaska State Legislature convened on January 18, 2011, making                                                                   
April 17, 2011, the 90th day, and the House of Representatives by                                                               
adjourning will comply with the 90-day regular session limit instituted                                                         
by the voters; and                                                                                                              
     WHEREAS the House of Representatives has communicated to                                                                 
the Senate that it intends to adjourn in order to abide by the 90-day                                                           
session limit approved by the voters; and                                                                                       
     WHEREAS the Senate has communicated to the House of                                                                      
Representatives that the Constitution of the State of Alaska, under art.                                                        
II, sec. 8, provides for a regular session of up to 121 days, and that the                                                      
Senate intends to continue its regular business beyond the 90-day                                                               
statutory session limit; and                                                                                                    
     WHEREAS, under art. II, sec. 10, Constitution of the State of                                                            
Alaska, if the two houses cannot agree on the time of adjournment,                                                              
either house may certify the disagreement to the Governor; and                                                                  
     WHEREAS, upon receipt of certification of disagreement from                                                              
one house, the Governor may adjourn the legislature;                                                                            
     BE IT RESOLVED that the House of Representatives, in                                                                     
accordance with the 90-day regular session limit approved by Alaska                                                             
voters, is now ready to stand in adjournment and hereby certifies to                                                            
Governor Sean Parnell under art. II, sec. 10, Constitution of the State                                                         
of Alaska, a disagreement with the Senate on the time of adjournment                                                            
of the First Regular Session of the Twenty-Seventh Alaska State                                                                 
Legislature; and be it                                                                                                          
     FURTHER RESOLVED that the House of Representatives                                                                       
respectfully requests that the Governor immediately adjourn the First                                                           
Regular Session of the Twenty-Seventh Alaska State Legislature.                                                                 
     COPIES of this resolution shall be sent to the Honorable Sean                                                            
Parnell, Governor of Alaska; and the Honorable Gary Stevens,                                                                    
President of the Alaska State Senate.                                                                                           
                                                                                                                                

2011-04-17                     House Journal                      Page 1091
The question being:  "Shall HR 9 pass the House?"  The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
HR 9                                                                                                                            
Special Order of Business                                                                                                       
                                                                                                                                
YEAS:  33   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Gara, Gatto, Hawker, Herron, Holmes, Johansen,                                                                   
Johnson, Joule, Keller, Kerttula, Lynn, Millett, Munoz, Neuman,                                                                 
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P.Wilson, T.Wilson                                                                                                        
                                                                                                                                
Nays:  Cissna, Doogan, Gardner, Gruenberg, Guttenberg, Kawasaki,                                                                
Miller                                                                                                                          
                                                                                                                                
And so, HR 9 passed the House.                                                                                                  
                                                                                                                                
In accordance with Rule 43(b) of the Uniform Rules, the Speaker                                                                 
waived engrossment and enrollment of HR 9.                                                                                      
                                                                                                                                
HR 9 was signed by the Speaker and Chief Clerk and transmitted to                                                               
the Office of the Governor at 10:27 p.m., April 17, 2011.                                                                       
                                                                                                                                
A copy of HR 9 was delivered to the President of the Senate.                                                                    
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a Call of the Chair; and so, the House recessed at 10:27 p.m.                                                                   
                                                                                                                                
                        MESSAGES FROM THE GOVERNOR                                                                           
                                                                                                                                
The following Governor's proclamation dated April 17, 2011, was                                                                 
received:                                                                                                                       
                                                                                                                                
"Under the authority of Article II, Section 10 of the Alaska                                                                    
Constitution, in accordance with AS 24.05.150(a), and based on the                                                              
certification of disagreement on the time of adjournment by the House                                                           
of Representatives in House Resolution 9 dated April 17, 2011, I, Sean                                                          
Parnell, Governor of the State of Alaska, hereby adjourn the First                                                              
Regular Session of the Twenty-Seventh Alaska State Legislature.                                                                 
                                                                                                                                

2011-04-17                     House Journal                      Page 1092
     This Order takes effect immediately.                                                                                       
                   th                                                                                                           
     Dated this 17 day of April, 2011.                                                                                          
     Time: 10:48 p.m.                                                                                                           
                                                                                                                                
                                /s/                                                                                             
                               Sean Parnell                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
Pursuant to the Governor's proclamation, the House adjourned at                                                                 
10:48 p.m.                                                                                                                      
                                                                                                                                
                                                                                                                                
                            UNFINISHED BUSINESS                                                                              
                                                                                                                                
HB 29                                                                                                                         
Representative Lynn added his name as cosponsor to:                                                                             
                                                                                                                                
     HOUSE BILL NO. 29                                                                                                          
     "An Act establishing as a standard for the procurement of group                                                            
     life and health insurance for retirement systems for certain public                                                        
     employees a requirement that preventive health services medical                                                            
     benefits provided to the systems' retiree members may not be less                                                          
     than preventive health services medical benefits provided to the                                                           
     systems' active members."                                                                                                  
                                                                                                                                
HB 119                                                                                                                        
The Chief Clerk notified the Senate that the House concurred in the                                                             
Senate amendment to CSHB 119 (EDT) (page 1064), thus adopting:                                                                  
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN)                                                                               
     "An Act relating to the procurement of supplies, services,                                                                 
     professional services, and construction for the Alaska Industrial                                                          
     Development and Export Authority; relating to the definition of                                                            
     'own' for the economic development account; relating to the                                                                
     definitions of 'development project,' 'plant,' 'facility,' and 'project'                                                   
     for the Alaska Industrial Development and Export Authority;                                                                
     relating to the Alaska Industrial Development and Export                                                                   
     Authority creating subsidiaries regarding projects financed under                                                          
     AS 44.88.172; authorizing the Alaska Development and Export                                                                
     Authority to issue bonds to finance the expansion, modification,                                                           
     and upgrading of the Skagway Ore Terminal; relating to the                                                                 

2011-04-17                     House Journal                      Page 1093
     operation and management of public housing projects and housing                                                            
     for low-income households by the Alaska Housing Finance                                                                    
     Corporation; relating to subsidiary corporations of the Alaska                                                             
     Housing Finance Corporation; relating to harbor facility grants;                                                           
     and providing for an effective date."                                                                                      
                                                                                                                                
     (SCR 13 - title change resolution)                                                                                         
                                                                                                                                
SCR 13                                                                                                                        
The following, which passed the House and was signed by the Speaker                                                             
and Chief Clerk (page 1065), was returned to the Senate:                                                                        
                                                                                                                                
     SENATE CONCURRENT RESOLUTION NO. 13                                                                                        
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning House Bill No. 119,                                                               
     relating to the procurement of supplies, services, professional                                                            
     services, and construction for the Alaska Industrial Development                                                           
     and Export Authority; relating to the definition of "own" for the                                                          
     economic development account; relating to the definitions of                                                               
     "development project," "plant," "facility," and "project" for the                                                          
     Alaska Industrial Development and Export Authority; and relating                                                           
     to the Alaska Industrial Development and Export Authority                                                                  
     creating subsidiaries regarding projects financed under AS                                                                 
     44.88.172.                                                                                                                 
                                                                                                                                
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HCR 17                                                                                                                        
A message dated April 17, 2011, was received stating the Senate                                                                 
passed:                                                                                                                         
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 17                                                                                         
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 95,                                                               
     naming the ferry terminal located at Auke Bay in Juneau the Frank                                                          
     Palmer Ferry Terminal.                                                                                                     
                                                                                                                                
HCR 17 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                

2011-04-17                     House Journal                      Page 1094
HB 13                                                                                                                         
A message dated April 17, 2011, was received stating the Senate                                                                 
passed:                                                                                                                         
                                                                                                                                
     HOUSE BILL NO. 13                                                                                                          
     "An Act relating to fees and charges for medical treatment or                                                              
     services as they relate to workers' compensation; and providing                                                            
     for an effective date."                                                                                                    
                                                                                                                                
HB 13 was referred to the Chief Clerk for enrollment.                                                                           
                                                                                                                                
                                                                                                                                
HB 97                                                                                                                         
A message dated April 17, 2011, was received stating the Senate                                                                 
passed:                                                                                                                         
                                                                                                                                
     HOUSE BILL NO. 97                                                                                                          
     "An Act extending a provision relating to noxious weeds, invasive                                                          
     plants, and agricultural pest management and education; providing                                                          
     for an effective date by repealing the effective date of sec. 2, ch.                                                       
     102, SLA 2008; and providing for an effective date."                                                                       
                                                                                                                                
                                                                                                                                
HB 97 was referred to the Chief Clerk for enrollment.                                                                           
                                                                                                                                
                                                                                                                                
HB 155                                                                                                                        
A message dated April 17, 2011, was received stating the Senate                                                                 
passed:                                                                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 155(L&C)                                                                                             
     "An Act relating to the applicability of prevailing wage rates to                                                          
     public construction contracts; and, with regard to public                                                                  
     construction contracts, relating to notifications, bonding                                                                 
     notifications, filings, notices, primary contractors, final payments,                                                      
     penalties, advertised specifications, required contract provisions,                                                        
     terminations, lists of violating contractors, and remedies."                                                               
                                                                                                                                
CSHB 155(L&C) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                

2011-04-17                     House Journal                      Page 1095
HB 173                                                                                                                        
A message dated April 17, 2011, was received stating the Senate                                                                 
passed:                                                                                                                         
                                                                                                                                
     HOUSE BILL NO. 173                                                                                                         
     "An Act amending the termination date of the licensing of sport                                                            
     fishing operators and sport fishing guides; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
HB 173 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 183                                                                                                                        
A message dated April 17, 2011, was received stating the Senate                                                                 
passed:                                                                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 183(FIN) am                                                                                          
     "An Act relating to the Village Safe Water Act; and providing for                                                          
     an effective date."                                                                                                        
                                                                                                                                
CSHB 183(FIN) am was referred to the Chief Clerk for enrollment.                                                                
                                                                                                                                
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of April 6,                                                             
2011.                                                                                                                           
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
The House adjourned at 10:48 p.m. (page 1092).                                                                                  
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk