Legislature(2011 - 2012)
2012-02-01 House Journal
Full Journal pdf2012-02-01 House Journal Page 1455 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday February 1, 2012 Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:32 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Father Pat Travers, Pastor of St. Paul the Apostle Catholic Church. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you to a time of prayer and reflection. Let us pray: Almighty God, Supreme Lawmaker, we turn to you with confidence on behalf of our elected representatives who gather now to consider the laws that should govern our state of Alaska. Grant them the wisdom and strength to enact laws that are just, promoting the freedom and the common good of all our people. Sustain them, especially in times of weariness or discouragement, as they confront the challenges of carrying out their great responsibilities. Bless them with a spirit of good will and common purpose to overcome the conflicts and obstacles that would prevent them from fulfilling their duties on behalf of all Alaskans. Bless also their family members and loved ones, who by many sacrifices so generously share in their service to our people. 2012-02-01 House Journal Page 1456 We ask your blessings upon all the government leaders of our state and nation and of our local communities. Help them to serve with dedication and integrity the people they have been chosen to govern. Bless also all of the men and women in our armed forces, all police officers, firefighters, and other first responders, especially those who find themselves in harm's way today. May they and their families always enjoy your strength and protection. We ask your blessings also on all the people of our state. Inspire and empower us to use the many gifts you have granted us to build a better society and a better world, working always for peace and justice here in our great land and throughout the earth. Grant us a spirit of solidarity with those peoples who have suffered so much from war, violence, terror, and natural disasters. May we affirm and celebrate our common humanity in a world in which we depend so much on one another. We make this prayer in your holy name. Amen. The Pledge of Allegiance was led by Representative Gara. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that thth the journal for the 14 and 15 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following were received: Dept. of Administration Office of Administrative Hearings Eighth Annual Report January 31, 2012 (as required by AS 44.64.020) 2012-02-01 House Journal Page 1457 Dept. of Administration Division of Finance Compensation and Travel Report of Executive Positions for 2011 Available at: http://doa.alaska.gov/dof/reports/ctep.html (as required by AS 37.05.210) Alaska State Legislature Alaska Northern Waters Task Force Findings & Recommendations January 2012 (as required by Legislative Resolve No. 54, SLA 2010) REPORTS OF STANDING COMMITTEES HCR 20 The Health & Social Services Committee considered: HOUSE CONCURRENT RESOLUTION NO. 20 Designating February 2012 as American Heart Month. The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (4): Dick, Miller, Herron, Keller The following fiscal note(s) apply: 1. Zero, Legislative Affairs Agency HCR 20 was referred to the Rules Committee for placement on the calendar. HB 282 The Finance Committee considered: HOUSE BILL NO. 282 "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary 2012-02-01 House Journal Page 1458 education and employment training requirements; and providing for a temporary occupational license for qualified military service members." and recommends it be replaced with: CS FOR HOUSE BILL NO. 282(FIN) "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary education and employment training requirements; providing for a temporary occupational license for qualified military service members; and providing for an effective date." The report was signed by Representatives Thomas and Stoltze, Co- chairs, with the following individual recommendations: Do pass (10): Fairclough, Gara, T. Wilson, Neuman, Joule, Costello, Edgmon, Doogan, Thomas, Stoltze The following fiscal note(s) apply to CSHB 282(FIN): 1. Zero, Dept. of Education & Early Development 2. Zero, Dept. of Labor & Workforce Development 3. Zero, University of Alaska 5. Fiscal, Dept. of Commerce, Community, & Economic Development HB 282 is on today's calendar. REPORTS OF SPECIAL COMMITTEES HB 250 The House Special Committee on Energy considered: HOUSE BILL NO. 250 "An Act relating to the renewable energy grant fund and recommendation program; and providing for an effective date." and recommends it be replaced with: 2012-02-01 House Journal Page 1459 CS FOR HOUSE BILL NO. 250(ENE) (same title) The report was signed by Representatives Foster and Pruitt, Co-chairs, with the following individual recommendations: Do pass (6): Olson, Lynn, Tuck, Petersen, Foster, Pruitt The following fiscal note(s) apply to CSHB 250(ENE): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 250 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sitnasuak Native Corporation, City of Nome By Senator Olson; Representative Foster Honoring - Elizabeth Peratrovich Day 2012 By Senator Davis; Representative Munoz Honoring - Women's History Month 2012, Women's Education - Women's Empowerment By Senator Davis th Honoring - The Girl Scouts of the United States of America, 100 Anniversary By Senator Davis Honoring - Key Campaign of Alaska By Senator Davis; Representative Keller In Memoriam - Dean Willard Cummings By Representatives Feige, Dick 2012-02-01 House Journal Page 1460 In Memoriam - Ed Orbeck By Representative Guttenberg; Senator Thomas In Memoriam - Paul Todd By Senator French In Memoriam - Christina Gunn Schmidt By Senator Davis The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Frank Metcalf Reed By Representatives Gara, Holmes INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 32 HOUSE JOINT RESOLUTION NO. 32 by Representatives Dick and Austerman: Urging the United States Congress to remove wood bison from protection under the Endangered Species Act of 1973 and to grant control of wood bison in Alaska to the state. was read the first time and referred to the Resources Committee. HJR 33 HOUSE JOINT RESOLUTION NO. 33 by Representatives Gara, Tuck, Holmes, Miller, Gardner, Kawasaki, and Kerttula: Urging the United States Congress and the President of the United States to work to amend the Constitution of the United States to prohibit corporations, unions, and individuals from making unlimited independent expenditures supporting or opposing candidates for public office. was read the first time and referred to the State Affairs and Judiciary Committees. 2012-02-01 House Journal Page 1461 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 307 HOUSE BILL NO. 307 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; repealing appropriations; making appropriations to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated January 30, 2012, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to supplemental appropriations for the State's operating and capital budgets for Fiscal Year 2012 (FY 2012). The supplemental budget reflects increases in delivering State services and programs that were not anticipated when the FY 2012 budget was brought forward for consideration during the 2011 legislative session. The operating supplemental request includes formula cost increases, fire suppression, disaster relief, and agency operations totaling $38.9 million, of which $30.4 are general funds. The supplemental also contains $38.0 million in one-time funding for two specific settlements that resolve outstanding litigation. The FY 2012 capital supplemental request totals $20.4 million, of which $10.1 are general funds, and includes emergency repairs to roads and bridges, and repairs to Alaska Marine Highway vessels necessary to meet required U.S. Coast Guard certifications. Thank you for your consideration of this bill. Sincerely, /s/ Sean Parnell Governor" 2012-02-01 House Journal Page 1462 HB 308 HOUSE BILL NO. 308 by Representative Miller, entitled: "An Act directing a subsidiary of the Alaska Housing Finance Corporation to conduct a study of a natural gas pipeline from Cook Inlet to Fairbanks." was read the first time and referred to the House Special Committee on Energy and the Resources and Finance Committees. HB 309 HOUSE BILL NO. 309 by Representative Lynn, entitled: "An Act relating to health care decisions, including do not resuscitate orders." was read the first time and referred to the Health & Social Services and Judiciary Committees. HB 310 HOUSE BILL NO. 310 by Representatives Herron, P. Wilson, Costello, Gruenberg, and Edgmon, entitled: "An Act temporarily reinstating the child and adult immunization program in the Department of Health and Social Services; and providing for an effective date." was read the first time and referred to the Health & Social Services and Finance Committees. HB 311 HOUSE BILL NO. 311 by the House Rules Committee, entitled: "An Act relating to certain information filed with the Alaska Public Offices Commission; and providing for an effective date." was read the first time and referred to the State Affairs Committee. 2012-02-01 House Journal Page 1463 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 282 The following was read the second time: HOUSE BILL NO. 282 "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary education and employment training requirements; and providing for a temporary occupational license for qualified military service members." with the: Journal Page EDC RPT CS(EDC) NT 7DP 1441 FN1: ZERO(EED) 1442 FN2: ZERO(LWF) 1442 FN3: ZERO(UA) 1442 FN4: (CED) 1442 FIN RPT CS(FIN) NT 10DP 1457 FN1: ZERO(EED) 1458 FN2: ZERO(LWF) 1458 FN3: ZERO(UA) 1458 FN5: (CED) 1458 Representative Austerman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 282(FIN) "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary education and employment training requirements; providing for a temporary occupational license for qualified military service members; and providing for an effective date." There being no objection, it was so ordered. 2012-02-01 House Journal Page 1464 Representative Austerman moved and asked unanimous consent that CSHB 282(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 282(FIN) was read the third time. The question being: "Shall CSHB 282(FIN) pass the House?" The roll was taken with the following result: CSHB 282(FIN) 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, CSHB 282(FIN) 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. Representative Johnson gave notice of reconsideration of the vote on CSHB 282(FIN). RECONSIDERATION HB 282 Representative Johnson moved and asked unanimous consent that reconsideration of CSHB 282(FIN) be taken up on the same day. There being no objection, it was so ordered. CSHB 282(FIN) was again before the House in third reading. 2012-02-01 House Journal Page 1465 The question to be reconsidered: "Shall CSHB 282(FIN) pass the House?" The roll was taken with the following result: CSHB 282(FIN) Third Reading Final Passage Reconsideration 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, CSHB 282(FIN) passed the House on reconsideration. 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. CSHB 282(FIN) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) LEGISLATIVE CITATIONS Representative Austerman moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Alfred Skondovitch By Representatives Guttenberg, Kawasaki, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson 2012-02-01 House Journal Page 1466 UNFINISHED BUSINESS Representative Austerman moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Millett - from noon, February 3 to 9:00 p.m., February 6 Representative Tuck - from 12:30 p.m., February 7 to 1:15 p.m., February 9; and from noon, February 17 to 10:30 a.m., February 20 Representative Gruenberg - from 11:00 a.m., February 17 to 10:00 p.m., February 19 Representative Chenault - from 6:00 p.m., February 3 to 9:30 p.m., February 5 Representative Thompson - from 11:30 a.m., February 3 to 10:30 a.m., February 6 Representative Joule - from 7:00 p.m., February 3 to 9:00 p.m., February 5 SPECIAL ORDER OF BUSINESS Representative Austerman moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - Frank Metcalf Reed, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Austerman moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Frank Metcalf Reed By Representatives Gara, Holmes, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Johansen, Johnson, Joule, 2012-02-01 House Journal Page 1467 Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS HCR 20 Representative Herron added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 20 Designating February 2012 as American Heart Month. HJR 29 Representatives Johnson, Thomas, Guttenberg, Cissna, Gatto, and Chenault added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 29 Urging the United States Department of the Interior, Bureau of Land Management, to plug legacy wells properly and to reclaim the legacy well sites as soon as possible in order to protect the environment in the Arctic region. HB 194 Representative Tuck added his name as cosponsor to: HOUSE BILL NO. 194 "An Act making a special appropriation to the Alaska permanent fund; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." HB 236 Representatives Gardner and Gruenberg added their names as cosponsors to: HOUSE BILL NO. 236 "An Act relating to the public employees' retirement system and the teachers' retirement system; and providing for an effective date." 2012-02-01 House Journal Page 1468 HB 250 Representatives Gara and Tuck added their names as cosponsors to: HOUSE BILL NO. 250 "An Act relating to the renewable energy grant fund and recommendation program; and providing for an effective date." HB 282 Representatives Neuman, T. Wilson, Costello, Lynn, Kawasaki, Chenault, Guttenberg, Millett, Johnson, Hawker, Herron, Gardner, Holmes, P. Wilson, and Johansen added their names as cosponsors to: CS FOR HOUSE BILL NO. 282(FIN) "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary education and employment training requirements; providing for a temporary occupational license for qualified military service members; and providing for an effective date." HB 292 Representative Gruenberg added his name as cosponsor to: HOUSE BILL NO. 292 "An Act relating to property exemptions for retirement plans; relating to pleadings, orders, liability, and notices under the Uniform Probate Code; relating to the Alaska Principal and Income Act; relating to the Alaska Uniform Transfers to Minors Act; relating to the disposition of human remains; relating to insurable interests for life insurance policies; relating to transfers of individual retirement plans; relating to the community property of married persons; and amending Rule 301(a), Alaska Rules of Evidence." HB 298 Representative Gardner added her name as cosponsor to: HOUSE BILL NO. 298 "An Act exempting sand and gravel and marketable earth mining operations from the mining license tax; and providing for an effective date." 2012-02-01 House Journal Page 1469 HB 302 Representatives Thomas and Munoz added their names as cosponsors to: HOUSE BILL NO. 302 "An Act repealing certain audit requirements for entities receiving contributions from permanent fund dividends." SB 98 Representatives Tuck and Petersen added their names as cross sponsors to: CS FOR SENATE BILL NO. 98(JUD) "An Act relating to biometric information." ENGROSSMENT HB 282 CSHB 282(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Austerman moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 3, 2012. There being no objection, the House adjourned at 11:34 a.m. Suzi Lowell Chief Clerk