Legislature(2013 - 2014)

2013-02-06 House Journal

Full Journal pdf

2013-02-06                     House Journal                      Page 0211
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                TWENTY-EIGHTH LEGISLATURE - FIRST SESSION                                                                    
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Wednesday              February 6, 2013                                                       
                                                                                                                                
                             Twenty-third Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:31 a.m.                                                                                                          
                                                                                                                                
Roll call showed 37 members present.  Representative Hawker had                                                                 
been excused from a call of the House today.                                                                                    
                                                                                                                                
Representative Pruitt 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 Guttenberg - from today to 10:00 p.m., February 19                                                               
                                                                                                                                
Representative Kerttula - from today through February 13                                                                        
                                                                                                                                
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Dr.                                                                    
Douglas Dye of Chapel by the Lake Presbyterian 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.                                                                                                                 
                                                                                                                                
     Loving and gracious God, today as the Alaska State House of                                                                
     Representatives convenes to do the work of this great state,                                                               
     we give you thanks for dedicated public servants who serve                                                                 
     and have served the people of our state faithfully and well.                                                               
                                                                                                                                
       On this particular day - Ernest Gruening Day - we especially                                                            
         give you thanks for the life and work of this dedicated                                                               

2013-02-06                     House Journal                      Page 0212
     servant, our longest serving territorial governor and one of our                                                           
     first United States senators.                                                                                              
                                                                                                                                
     And now dear Lord, as we face the future, I pray you will                                                                  
     bestow on these dedicated servants wisdom and grace and                                                                    
     courage as they build on the work of those who have gone                                                                   
     before them to create an Alaska that is fair, just, and                                                                    
     prosperous.                                                                                                                
                                                                                                                                
     O God, the work they do is not easy, competing claims and                                                                  
     complex decisions are before them.  So grant them insight and                                                              
     understanding.                                                                                                             
                                                                                                                                
     Many of them are far from home.  Protect and bless their                                                                   
     families and loved ones as great distances separate many of                                                                
     them.                                                                                                                      
                                                                                                                                
     Guard their health, great God. And at the end of this day may                                                              
     they retire to their homes to find refreshment and rest                                                                    
     knowing they have served the people of Alaska well.                                                                        
                                                                                                                                
      I pray all these things in the name of my Lord, Jesus.  Amen.                                                            
                                                                                                                                
The Pledge of Allegiance was led by Representative Reinbold.                                                                    
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
                   stnd                                                                                                         
journal for the 21 and 22 legislative days be approved as certified                                                             
by the Chief Clerk.  There being no objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                             RECONSIDERATION                                                                                 
                                                                                                                                
HB 80                                                                                                                         
Representative Johnson brought up reconsideration of the vote on                                                                
HB 80 (page 203).                                                                                                               
                                                                                                                                
The following was again before the House in third reading:                                                                      
                                                                                                                                

2013-02-06                     House Journal                      Page 0213
     HOUSE BILL NO. 80                                                                                                          
     "An Act relating to the regulation of wastewater discharge from                                                            
     commercial passenger vessels in state waters; and providing for an                                                         
     effective date."                                                                                                           
                                                                                                                                
The question to be reconsidered:  "Shall HB 80 pass the House?"  The                                                            
roll was taken with the following result:                                                                                       
                                                                                                                                
HB 80                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
Reconsideration                                                                                                                 
                                                                                                                                
YEAS:  27   NAYS:  10   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux,                                                             
Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Stoltze, Thompson, T.Wilson                                                                                            
                                                                                                                                
Nays:  Drummond, Gara, Gruenberg, Josephson, Kawasaki,                                                                          
Kreiss-Tomkins, Seaton, Tarr, Tuck, P.Wilson                                                                                    
                                                                                                                                
Excused:  Guttenberg, Hawker, Kerttula                                                                                          
                                                                                                                                
P.Wilson changed from "Yea" to "Nay".                                                                                           
                                                                                                                                
And so, HB 80 passed the House on reconsideration.                                                                              
                                                                                                                                
Representative Pruitt 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.                                                            
                                                                                                                                
HB 80 was referred to the Chief Clerk for engrossment.                                                                          
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Alaska Court System                                                                                                             
Estimate of Fines Collected FY 2013                                                                                             
(as required by AS 12.55.035)                                                                                                   
                                                                                                                                

2013-02-06                     House Journal                      Page 0214
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Aaron Downing                                                                                                        
By Representatives Gattis, Hughes, Reinbold, Keller, Stoltze, Feige,                                                            
Neuman, Saddler; Senators Huggins, Dunleavy                                                                                     
                                                                                                                                
In Memoriam - Sarah Daria Matthew                                                                                               
By Representatives Reinbold, Stoltze, Saddler; Senator Fairclough                                                               
                                                                                                                                
In Memoriam - Arthur Lawrence Carlson                                                                                           
By Senator Stevens; Representative Austerman                                                                                    
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HCR 3                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 3 by Representatives                                                                            
MILLETT and Austerman:                                                                                                          
                                                                                                                                
     Establishing the Joint Committee on Federal Overreach.                                                                     
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HJR 7                                                                                                                         
HOUSE JOINT RESOLUTION NO. 7 by Representatives GATTIS,                                                                         
Nageak, Pruitt, Johnson, Thompson, Tuck, Herron, P. Wilson, Foster,                                                             
T. Wilson, Lynn, Hughes, Higgins, Munoz, Holmes, Millett, Costello,                                                             
Neuman, Austerman, Feige, Keller, Chenault, Gruenberg, Olson,                                                                   
Stoltze, Reinbold, Gara, and Saddler:                                                                                           
                                                                                                                                
     Urging the United States Congress to pass legislation to open the                                                          
     coastal plain of the Arctic National Wildlife Refuge to oil and gas                                                        
     exploration, development, and production; relating to oil and gas                                                          
     exploration, development, production, and royalties; and relating                                                          
     to renewable and alternative energy technologies.                                                                          
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                

2013-02-06                     House Journal                      Page 0215
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 51                                                                                                                         
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 51 by                                                                                     
Representative SEATON, entitled:                                                                                                
                                                                                                                                
     "An Act relating to oil and gas; relating to the oil and gas                                                               
     corporate income tax; relating to the oil and gas production tax;                                                          
     relating to tax credits; allowing the Alaska Industrial Development                                                        
     and Export Authority to issue bonds for an oil processing facility;                                                        
     making conforming amendments; and providing for an effective                                                               
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 103                                                                                                                        
HOUSE BILL NO. 103 by Representative MILLETT, entitled:                                                                         
                                                                                                                                
     "An Act setting special registration fees for alternative fuel                                                             
     vehicles; and providing for an effective date."                                                                            
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
HB 104                                                                                                                        
HOUSE BILL NO. 104 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to election practices and procedures; relating to                                                         
     the election of an advisory school board in a regional educational                                                         
     attendance area; and providing for an effective date."                                                                     
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                

2013-02-06                     House Journal                      Page 0216
1.  Zero, Office of the Governor                                                                                                
2.  Zero, Dept. of Education & Early Development                                                                                
                                                                                                                                
The Governor's transmittal letter dated February 4, 2013, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to election practices and                                                       
procedures; and relating to the election of an advisory school board in                                                         
a regional educational attendance area.                                                                                         
                                                                                                                                
The bill would make a number of changes to the Election Code and                                                                
related statutes. These good government changes are necessary to                                                                
assure voter access to his or her ballot, and to maximize efficiency in                                                         
conducting State-run elections while harmonizing certain provisions of                                                          
State and federal election law.                                                                                                 
                                                                                                                                
The bill would also shift the date of the primary election and                                                                  
associated candidacy withdrawal and petition deadlines. The bill                                                                
would move the date of the primary from the fourth Tuesday in                                                                   
August to the second Tuesday in August of every even-numbered                                                                   
year. The purpose of moving the date is to assure that the Division of                                                          
Elections can timely comply with provisions of federal law requiring                                                            
the Division to transmit ballots to military and overseas voters 45 days                                                        
before a federal election. Candidates would be required to withdraw                                                             
their name 52 days rather than 48 days before the primary, and judges                                                           
up for retention would be required to withdraw 64 days rather than 48                                                           
days before a general election. Similarly, deadlines governing the                                                              
nomination of candidates by party petition where an unopposed                                                                   
incumbent dies, is disqualified, or is incapacitated, and for filling                                                           
vacancies by party petition, would change.                                                                                      
                                                                                                                                
The bill would specify that the Division of Elections may conduct                                                               
elections for advisory school boards in regional educational attendance                                                         
areas. The Division already is required to conduct elections to regional                                                        
educational attendance area boards, and this change would specify that                                                          
the Division could - but would not be required - to do the same for                                                             
local advisory boards.                                                                                                          
                                                                                                                                

2013-02-06                     House Journal                      Page 0217
The bill would allow a qualified voter residing outside the United                                                              
States to register to vote absentee if the qualified voter's parent or                                                          
guardian was domiciled in Alaska immediately before leaving the                                                                 
United States. This provision is aimed at voters who reach 18 years of                                                          
age while living abroad with their parent or guardian.                                                                          
                                                                                                                                
The bill would allow the Division of Elections to designate municipal                                                           
clerks to act as absentee voting officials to distribute absentee ballots                                                       
to qualified voters and their representatives. This portion of the bill                                                         
aims to resolve difficulties associated with finding individuals to act as                                                      
absentee voting officials, particularly in more rural areas of the state,                                                       
by allowing municipal clerks to act in this capacity and thereby reach                                                          
greater numbers of absentee voters.                                                                                             
                                                                                                                                
The bill would also streamline several aspects of the absentee voting                                                           
process. The bill would clarify that voters (other than uniformed                                                               
services voters or overseas voters) who apply to receive their ballots                                                          
by electronic transmission must, by regulation, be required to comply                                                           
with the same ballot application deadlines applicable to absentee                                                               
voting in person. The bill would repeal the concept of the "special                                                             
absentee ballot" and make official ballots for overseas and military                                                            
voters available 45 days before a federal election. All regular                                                                 
statewide elections also have federal offices on the ballot. Federal law                                                        
requires the Division of Elections to transmit ballots to military and                                                          
overseas voters 45 days before an election. The purpose of the State                                                            
change would be to eliminate the 60 day advance "special absentee                                                               
ballot" and make a single, official ballot available to voters overseas,                                                        
in the military, and in remote areas of the state available on a                                                                
timeframe consistent with federal law. Sending two ballots often                                                                
causes voter confusion.                                                                                                         
                                                                                                                                
Finally, the bill would harmonize State and federal law by adding                                                               
definitions of "absent uniformed services voter" and "overseas voter"                                                           
to the Election Code.                                                                                                           
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"                                                                                                                       

2013-02-06                     House Journal                      Page 0218
HB 105                                                                                                                        
HOUSE BILL NO. 105 by Representative THOMPSON, entitled:                                                                        
                                                                                                                                
     "An Act relating to theft and property offenses; and providing for                                                         
     an effective date."                                                                                                        
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that the                                                                
following member be excused from a call of the House.  There being                                                              
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Millett - from 6:00 p.m., February 8 to 10:30 a.m.,                                                              
February 11                                                                                                                     
                                                                                                                                
HCR 2                                                                                                                         
Representative Kreiss-Tomkins added his name as cosponsor to:                                                                   
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 2                                                                                          
     Proclaiming the state as a Purple Heart State to honor the service                                                         
     and sacrifice of our nation's men and women in uniform wounded                                                             
     or killed by the enemy while serving to protect the freedom                                                                
     enjoyed by all Americans.                                                                                                  
                                                                                                                                
HJR 4                                                                                                                         
Representative Feige added his name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 4                                                                                               
     Urging the President of the United States to rescind 23 executive                                                          
     orders related to regulation of firearms; and urging the United                                                            
     States Congress to refrain from passing legislation that restricts                                                         
     the right of individuals to keep and bear arms.                                                                            
                                                                                                                                
HB 24                                                                                                                         
Representatives Millett and Costello added their names as cosponsors                                                            
to:                                                                                                                             
                                                                                                                                

2013-02-06                     House Journal                      Page 0219
     HOUSE BILL NO. 24                                                                                                          
     "An Act relating to self-defense in any place where a person has a                                                         
     right to be."                                                                                                              
                                                                                                                                
HB 40                                                                                                                         
Representatives Johnson, Austerman, Reinbold, and Keller added their                                                            
names as cosponsors to:                                                                                                         
                                                                                                                                
     HOUSE BILL NO. 40                                                                                                          
     "An Act establishing a municipal tax exemption for certain farm                                                            
     structures."                                                                                                               
                                                                                                                                
HB 46                                                                                                                         
Representative Kreiss-Tomkins added his name as cosponsor to:                                                                   
                                                                                                                                
     HOUSE BILL NO. 46                                                                                                          
     "An Act relating to regulations adopted by the Department of                                                               
     Administration waiving the commercial motor vehicle driving                                                                
     skills test for certain drivers with military commercial motor                                                             
     vehicle experience."                                                                                                       
                                                                                                                                
HB 75                                                                                                                         
Representatives Kawasaki and Thompson added their names as                                                                      
cosponsors to:                                                                                                                  
                                                                                                                                
     HOUSE BILL NO. 75                                                                                                          
     "An Act repealing certain audit requirements for entities receiving                                                        
     contributions from permanent fund dividends; requiring each                                                                
     campus of the University of Alaska to apply to be included on the                                                          
     contribution list for contributions from permanent fund dividends;                                                         
     and requiring a university to pay an application fee for each                                                              
     campus separately listed on the contribution list for contributions                                                        
     from permanent fund dividends."                                                                                            
                                                                                                                                
HB 84                                                                                                                         
Representative Kreiss-Tomkins added his name as cosponsor to:                                                                   
                                                                                                                                
     HOUSE BILL NO. 84                                                                                                          
     "An Act relating to applying military education, training, and                                                             
     service credit to occupational licensing and certain postsecondary                                                         

2013-02-06                     House Journal                      Page 0220
     education and employment training requirements; providing for a                                                            
     temporary occupational license for qualified military service                                                              
     members; and providing for an effective date."                                                                             
                                                                                                                                
HB 88                                                                                                                         
Representatives Saddler, Pruitt, Tarr, and Keller added their names as                                                          
cosponsors to:                                                                                                                  
                                                                                                                                
     HOUSE BILL NO. 88                                                                                                          
     "An Act changing the terms 'mental retardation' and 'mentally                                                              
      retarded,' and making conforming changes, in Alaska Statutes."                                                           
                                                                                                                                
HB 97                                                                                                                         
Representative Munoz added her name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE BILL NO. 97                                                                                                          
     "An Act relating to office accounts for each member of the                                                                 
     legislature for legislative office expenses."                                                                              
                                                                                                                                
                               ENGROSSMENT                                                                                   
                                                                                                                                
HB 80                                                                                                                         
HB 80 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 Pruitt moved and asked unanimous consent that the                                                                
House adjourn until 10:30 a.m., February 8, 2013.  There being no                                                               
objection, the House adjourned at 11:46 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk