Legislature(2011 - 2012)
2012-03-12 House Journal
Full Journal pdf2012-03-12 House Journal Page 1841 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday March 12, 2012 Fifty-sixth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:02 a.m. Roll call showed 36 members present. Representatives Gatto and Kerttula had been excused from a call of the House today. Representative Thomas was absent. Representative Austerman moved and asked unanimous consent that Representative P. Wilson be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, David Dierdorff of Juneau Unitarian Universalist Church of the Larger Fellowship. Representative T. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Please join me in reverence. Spirit of Life, known by many names yet by no name fully known, we turn our minds and hearts again toward thee. Awaken us again to the mysteries that humble us, the realities that orient us, the truths that judge and guide us, the beauty that informs and ravishes us, the love that nurtures us, the fellowship that sustains us, the creativity that heightens and deepens and reorders our living, that we may give ourselves in honesty and openness to the larger life before us. In the name 2012-03-12 House Journal Page 1842 of all that is holy, and in all holy names that have ever been uttered, let us say Blessed be, Shalom, and Amen. The Pledge of Allegiance was led by Representative Munoz. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that thstndrdthth the journal for the 50, 51, 52, 53, 54, and 55 legislative days be approved as certified by the Assistant Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Munoz introduced Summer Smith, Guest Page, from Juneau. Representative Olson introduced Duncan Brewer and Savaya Bieber, Guest Pages, from Kenai. Representative Stoltze introduced John Paul Harris, Guest Page, from Anchorage. MESSAGES FROM THE GOVERNOR HB 19 The following letter dated March 7, 2012, was received: "Dear Speaker Chenault: On this date, I have signed the following bill passed by the second session of the Twenty-Seventh Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 19 "An Act relating to special request registration plates; and providing for an effective date." Chapter No. 2, SLA 2012 [Effective Date: March 8, 2012] 2012-03-12 House Journal Page 1843 This bill is an expansion of existing statute allowing the Department of Administration, Division of Motor Vehicles to design and create additional special request motor vehicle license plates. Although I have signed this bill, I am concerned that continuing multiplication of new license plate categories may become a challenge. If the practice continues, it could detract from legitimate State functions and purposes like public safety and license registration. Sincerely, /s/ Sean Parnell Governor" MESSAGES FROM THE SENATE A message dated March 6, 2012, was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 83 CS FOR SENATE BILL NO. 83(EDC) by the Senate Education Committee, entitled: "An Act providing for payment and loan incentives to public school teachers for national board certification." was read the first time and referred to the Education and Finance Committees. SB 130 CS FOR SENATE BILL NO. 130(STA) by the Senate State Affairs Committee, entitled: "An Act establishing the Alaska Native Language Preservation and Advisory Council and relating to the preservation, restoration, and revitalization of Alaska Native languages." was read the first time and referred to the Finance Committee. 2012-03-12 House Journal Page 1844 SB 140 CS FOR SENATE BILL NO. 140(JUD) by the Senate Judiciary Committee, entitled: "An Act classifying certain substances as schedule IIA controlled substances and providing penalties relating to those substances; and providing for an effective date." was read the first time and referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: th Honoring - George and Joanne Nelson, 50 Wedding Anniversary By Representative Edgmon; Senator Hoffman Honoring - Valerie Davidson, 2012 Luminary Distinguished Provider Award By Senators Hoffman, McGuire; Representative Herron th Honoring - Ada Johnson on the Occasion of Her 80 Birthday By Senator Davis Honoring - Never Sets Film Festival By Senator Ellis In Memoriam - Buddy Tabor By Senator Egan; Representatives Kerttula, Munoz In Memoriam - Yvette Byes By Senator Davis In Memoriam - Jesse LeRoy Hayden Jr. By Senator Davis 2012-03-12 House Journal Page 1845 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HR 11 HOUSE RESOLUTION NO. 11 by the House State Affairs Committee: In support of providing TRICARE program health care benefits to United States military retirees as promised. was read the first time and referred to the State Affairs Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 363 HOUSE BILL NO. 363 by the House Health and Social Services Committee, entitled: "An Act prohibiting the use of public funds for abortion." was read the first time and referred to the Health & Social Services, Judiciary, and Finance Committees. HB 364 HOUSE BILL NO. 364 by the House Community and Regional Affairs Committee, entitled: "An Act relating to a credit against the net income tax for a contribution made by a taxpayer to a nonprofit organization that provides an emergency shelter for the homeless or a facility for alcohol or drug detoxification." was read the first time and referred to the Community & Regional Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 224 The following was read the second time: 2012-03-12 House Journal Page 1846 HOUSE BILL NO. 224 "An Act relating to the prohibition of selling or giving tobacco or a product containing nicotine to a minor unless prescribed by a licensed physician." with the: Journal Page JUD RPT CS(JUD) NT 4DP 3NR 987 FN1: ZERO(DHS) 987 FN2: ZERO(LAW) 987 FIN RPT CS(FIN) NT 9DP 1AM 1730 FN3: ZERO(DHS) 1730 FN4: ZERO(LAW) 1730 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. 224(FIN) "An Act prohibiting the sale or gift of a product containing nicotine to a minor under certain conditions." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Seaton and Gara: Page 2, following line 11: Insert a new subsection to read: "(c) An employer is legally accountable as provided in AS 11.16.110 for the conduct of an employee who violates (a) of this section if the employer negligently fails to advise the employee regarding the conduct prohibited in (a) of this section." Reletter the following subsections accordingly. Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 2012-03-12 House Journal Page 1847 Representative Austerman moved and asked unanimous consent that CSHB 224(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 224(FIN) am was read the third time. The question being: "Shall CSHB 224(FIN) am pass the House?" The roll was taken with the following result: CSHB 224(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, T.Wilson Excused: Gatto, Kerttula, P.Wilson Absent: Thomas And so, CSHB 224(FIN) am passed the House and was referred to the Chief Clerk for engrossment. HB 314 The following was read the second time: HOUSE BILL NO. 314 "An Act extending the time period for which the Alaska Railroad Corporation may lease land without reserving the right to terminate the lease; and providing for an effective date." with the: Journal Page L&C RPT 5DP 1633 FN1: ZERO(CED) 1634 FN2: ZERO(DNR) 1634 2012-03-12 House Journal Page 1848 Representative Austerman moved and asked unanimous consent that HB 314 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 314 will advance to third reading on the March 14, 2012, calendar. THIRD READING OF HOUSE BILLS HB 229 The following, which was held from the March 6, 2012, calendar (page 1822), was read the third time: CS FOR HOUSE BILL NO. 229(JUD) "An Act relating to the duties of the Big Game Commercial Services Board; relating to activities, including violations and penalties, under the supervision of the Big Game Commercial Services Board; creating a retired status license for certain retired guides and outfitters; and providing for an effective date." The question being: "Shall CSHB 229(JUD) pass the House?" The roll was taken with the following result: CSHB 229(JUD) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Gara, Gruenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, T.Wilson Nays: Doogan, Gardner, Guttenberg Excused: Gatto, Kerttula, P.Wilson Absent: Thomas Gardner changed from "Yea" to "Nay". And so, CSHB 229(JUD) passed the House. 2012-03-12 House Journal Page 1849 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 229(JUD) was referred to the Chief Clerk for engrossment. 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: Honoring - Chief James R. Inman on His Retirement from the United States Air Force By Senator French; 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 In Memoriam - Melvin Glenn Coghill By Representatives Edgmon, Chenault, Cissna, Costello, Dick, Doogan, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Hoffman 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 Dick - from 11:30 a.m., March 14 to 10:30 p.m., March 15 Representative Austerman - from 11:30 a.m., March 15 to 3:00 p.m., March 18 2012-03-12 House Journal Page 1850 Representative Tuck - from 11:45 a.m., March 16 to 10:15 a.m., March 19 Representative Neuman - from 11:30 a.m., March 16 to 10:00 a.m., March 19 Representative Fairclough - from 11:00 a.m., March 16 to 10:30 a.m., March 19 Representative Costello - from 11:45 a.m., March 16 to 10:45 a.m., March 19 Representative Saddler - from 6:00 p.m., March 16 to 10:30 p.m., March 18 Representative Feige - from 6:30 p.m., March 16 to 10:00 p.m., March 18 HCR 24 Representative Guttenberg added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 24 Relating to the establishment and operation of a state food resource development working group. HB 224 Representatives Gara, Olson, and Pruitt added their names as cosponsors to: CS FOR HOUSE BILL NO. 224(FIN) am "An Act prohibiting the sale or gift of a product containing nicotine to a minor under certain conditions." HB 229 Representative Pruitt added his name as cosponsor to: CS FOR HOUSE BILL NO. 229(JUD) "An Act relating to the duties of the Big Game Commercial Services Board; relating to activities, including violations and penalties, under the supervision of the Big Game Commercial 2012-03-12 House Journal Page 1851 Services Board; creating a retired status license for certain retired guides and outfitters; and providing for an effective date." SB 140 Representative Stoltze added his name as cross sponsor to: CS FOR SENATE BILL NO. 140(JUD) "An Act classifying certain substances as schedule IIA controlled substances and providing penalties relating to those substances; and providing for an effective date." ENGROSSMENT HB 224 CSHB 224(FIN) am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 229 CSHB 229(JUD) 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., March 14, 2012. There being no objection, the House adjourned at 11:53 a.m. Stephanie Hall Assistant Chief Clerk