Legislature(2013 - 2014)
2013-03-27 House Journal
Full Journal pdf2013-03-27 House Journal Page 0665 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday March 27, 2013 Seventy-second Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:35 a.m. Roll call showed 39 members present. Representative Guttenberg had been excused from a call of the House today. The invocation was offered by the Chaplain, Pastor Sue Bahleda of Resurrection Lutheran 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. With respect to the diversity of voices, beliefs, and practices that call out to a power beyond our individual selves, I offer the following prayer. Great and Mighty One, There is no limit to your wisdom; pour out your wisdom to those who are gathered here to do the work of the people. Help all of us to study diligently and to grow in all that is good across our whole lives. Support and encourage all who teach and all who learn. Bless these dedicated men and women before you. Give them hearts for the work that lies before them. Strengthen their efforts to blot out ignorance and prejudice and to abolish poverty and crime. Inspire them that they act with purpose and imagination to hasten the day when all people-young 2013-03-27 House Journal Page 0666 and old, rich and poor, from our cities to our villages-have before them the opportunity to live rich and fulfilled lives of value, truth, and knowledge. Amen. The Pledge of Allegiance was led by Representative Gattis. CERTIFICATION OF THE JOURNAL Representative Pruitt moved and asked unanimous consent that the st journal for the 71 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 27, 2013, was read stating that, in accordance with art. III, sec. 26, Constitution of the State of Alaska and AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Education Committee: Board of Education and Early Development James Fields - Glennallen Appointed: 3/22/2013 Term Expires: 3/1/2018 The Speaker referred the following to the Health & Social Services Committee: State Medical Board Dr. Grant Roderer - Anchorage Appointed: 3/22/2013 Term Expires: 3/1/2016 The Speaker referred the following to the Judiciary Committee: Alaska Judicial Council David Parker - Wasilla Appointed: 3/1/2013 Term Expires: 3/1/2019 2013-03-27 House Journal Page 0667 The Speaker referred the following to the Labor & Commerce Committee: Board of Marine Pilots Hans Antonsen - Ketchikan Appointed: 3/22/2013 Term Expires: 3/1/2017 Board of Pharmacy Taryl Giessel - Eagle River Appointed: 3/22/2013 Term Expires: 3/1/2017 Alaska Workers' Compensation Board Ronald Nalikak - Anchorage Appointed: 3/22/2013 Term Expires: 3/1/2017 The Speaker referred the following to the Resources Committee: Big Game Commercial Services Board Henry Tiffany, IV - Ester Appointed: 3/22/2013 Term Expires: 3/1/2017 The Speaker referred the following to the State Affairs Committee: Alaska Police Standards Council Thomas "Bob" Kean - Eagle River Appointed: 11/22/2005 Reappointed: 3/1/2009 Reappointed: 3/22/2013 Term Expires: 3/1/2017 Alaska Public Offices Commission Ron King - Kasilof Appointed: 3/20/2013 Term Expires: 3/1/2018 Resumes for the appointments are on file in the Chief Clerk's office. The letter further stated that the Governor withdraws the following name from legislative confirmation of appointment to the position noted, which the Speaker had referred to the Labor & Commerce Committee (page 146): 2013-03-27 House Journal Page 0668 Alaska Workers' Compensation Board Jace Digel - Anchorage Appointed: 1/1/2013 Term Expires: 3/1/2014 REPORTS OF STANDING COMMITTEES HJR 13 The Transportation Committee considered: HOUSE JOINT RESOLUTION NO. 13 Urging the United States Congress and the President of the United States to complete the funding and acquisition of three additional National Security Cutters and to home port one of the cutters in Kodiak, Alaska. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 13(TRA) (same title) The report was signed by Representative P. Wilson, Chair, with the following individual recommendations: Do pass (6): Lynn, Feige, Kreiss-Tomkins, Gattis, Isaacson, P. Wilson The following fiscal note(s) apply to CSHJR 13(TRA): 1. Zero, House Transportation Committee HJR 13 was referred to the Rules Committee for placement on the calendar. HB 31 The Education Committee considered: HOUSE BILL NO. 31 "An Act requiring school districts to develop and require completion of a history of American constitutionalism curriculum segment; and providing for an effective date." 2013-03-27 House Journal Page 0669 The report was signed by Representative Gattis, Chair, with the following individual recommendations: Do pass (5): Reinbold, P. Wilson, LeDoux, Saddler, Gattis No recommendation (2): Seaton, Drummond The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development HB 31 was referred to the Finance Committee. HB 102 The Labor & Commerce Committee considered: HOUSE BILL NO. 102 "An Act relating to property exemptions for retirement plans, individual retirement accounts, and Roth IRAs; relating to transfers of individual retirement plans; relating to the rights of judgment creditors of members of limited liability companies and partners of limited liability partnerships; relating to the Uniform Probate Code, including pleadings, orders, liability, and notices under the Uniform Probate Code and the Alaska Principal and Income Act, the appointment of trust property, the Alaska Uniform Prudent Investor Act, co-trustees, trust protectors, and trust advisors; 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 the tax on insurers for life insurance policies; relating to insurable interests for certain insurance policies; relating to restrictions on transfers of trust interests; relating to discretionary interests in irrevocable trusts; relating to the community property of married persons; and amending Rule 64, Alaska Rules of Civil Procedure, and Rule 301(a), Alaska Rules of Evidence." and recommends it be replaced with: CS FOR HOUSE BILL NO. 102(L&C) "An Act relating to property exemptions for retirement plans, individual retirement accounts, and Roth IRAs; relating to 2013-03-27 House Journal Page 0670 transfers of individual retirement plans; relating to the rights of judgment creditors of members of limited liability companies and partners of limited liability partnerships; relating to the Uniform Probate Code, including pleadings, orders, liability, and notices under the Uniform Probate Code and the Alaska Principal and Income Act, the appointment of trust property, the Alaska Uniform Prudent Investor Act, co-trustees, trust protectors, and trust advisors; 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 the tax on insurers for life insurance policies; relating to insurable interests for certain insurance policies; relating to restrictions on transfers of trust interests; relating to discretionary interests in irrevocable trusts; relating to the community property of married persons; amending Rule 64, Alaska Rules of Civil Procedure, and Rule 301(a), Alaska Rules of Evidence; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (3): Saddler, Millett, Olson No recommendation (4): Chenault, Herron, Reinbold, Josephson The following fiscal note(s) apply to CSHB 102(L&C): 1. Zero, Dept. of Administration 2. Zero, Dept. of Law 3. Zero, Dept. of Revenue 4. Indeterminate, Dept. of Commerce, Community, & Economic Development HB 102 was referred to the Judiciary Committee. HB 176 The Transportation Committee considered: HOUSE BILL NO. 176 "An Act relating to experimental vehicles." 2013-03-27 House Journal Page 0671 and recommends it be replaced with: CS FOR HOUSE BILL NO. 176(TRA) (same title) The report was signed by Representative P. Wilson, Chair, with the following individual recommendations: Do pass (6): Lynn, Feige, Gattis, Kreiss-Tomkins, Isaacson, P. Wilson The following fiscal note(s) apply to CSHB 176(TRA): 1. Zero, Dept. of Administration HB 176 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HCR 6 The House Special Committee on Economic Development, Trade, & Tourism considered: HOUSE CONCURRENT RESOLUTION NO. 6 Recognizing the Alaska Center for Unmanned Aircraft Systems Integration at the University of Alaska Fairbanks as a national leader in unmanned aircraft research and development; and relating to a Task Force on Unmanned Aircraft Systems. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(EDT) (same title) The report was signed by Representative Hughes, Chair, with the following individual recommendations: Do pass (5): Pruitt, Johnson, Gattis, Drummond, Hughes No recommendation (2): Higgins, Herron 2013-03-27 House Journal Page 0672 The following fiscal note(s) apply to CSHCR 6(EDT): 1. Zero, Legislative Agency HCR 6 was referred to the Rules Committee for placement on the calendar. HJR 12 The House Special Committee on Economic Development, Trade, & Tourism considered: HOUSE JOINT RESOLUTION NO. 12 Encouraging the manufacture of firearms and firearms accessories in the state. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 12(EDT) (same title) The report was signed by Representative Hughes, Chair, with the following individual recommendations: Do pass (7): Higgins, Pruitt, Herron, Johnson, Gattis, Drummond, Hughes The following fiscal note(s) apply to CSHJR 12(EDT): 1. Zero, Legislative Agency HJR 12 was referred to the Rules Committee for placement on the calendar. HB 180 The House Special Committee on Military & Veterans' Affairs considered: HOUSE BILL NO. 180 "An Act relating to the Alaska Challenge Youth Academy; and providing for an effective date." 2013-03-27 House Journal Page 0673 The report was signed by Representatives LeDoux and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Reinbold, Hughes, Higgins, Gruenberg, Saddler, LeDoux, Foster The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development 2. Zero, Dept. of Military & Veterans' Affairs HB 180 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Steven D. Culver By Representative Johnson; Senator McGuire Honoring - The West High School Mock Trial Team, 2013 Alaska High School Mock Trial Champions By Representative Gara; Senator Ellis Honoring - Mark Robinson, 2012 Alaska Music Educator of the Year By Senator Micciche; Representative Seaton Honoring - Michael Bradner By Senator Gardner Honoring - Dusty VanMeter and Marc McKenna, 2013 Iron Dog Snowmachine Race Winners By Senators Micciche, Ellis; Representatives Seaton, Gara Honoring - KNOM Radio, 2013 Crystal Heritage Award Recipient By Senators Olson, Egan; Representative Foster 2013-03-27 House Journal Page 0674 In Memoriam - Gaye Wolfe By Representative Seaton; Senator Micciche In Memoriam - Katherine Parker By Senator Micciche; Representative Olson In Memoriam - Henry Nathanael Gettinger By Senators Coghill, Kelly INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 15 HOUSE JOINT RESOLUTION NO. 15 by Representatives MILLETT, Johnson, and Costello: Supporting the introduction and enactment of federal legislation acknowledging that the federal government is financially responsible under the Alaska Native Claims Settlement Act for the remediation of contaminated land subject to conveyance under the Act. was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 188 HOUSE BILL NO. 188 by the House Rules Committee by request of the Governor, entitled: "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Flint Hills Resources Alaska, LLC; and providing for an effective date." was read the first time and referred to the Finance Committee. The following fiscal note(s) apply: 1. Indeterminate, Dept. of Natural Resources 2013-03-27 House Journal Page 0675 The Governor's transmittal letter dated March 26, 2013, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill approving and ratifying the sale of royalty oil by the State of Alaska to Flint Hills Resources Alaska, LLC. The bill would approve and ratify the contractual agreement for the sale and purchase of State royalty oil between the State of Alaska and Flint Hills Resources Alaska, LLC, attached as Exhibit 1 to the "Final Best Interest Finding and Determination for the Sale of Alaska North Slope Royalty Oil to Flint Hills Resources Alaska, LLC" dated March 25, 2013. The contract that is the subject of this bill provides that the State will sell Flint Hills Resources Alaska, LLC an amount of the State's royalty oil that is between 18,000 to 30,000 barrels per day, subject to certain limitations and volume reduction provisions. The royalty oil will be sold at a price calculated to equal or exceed the value the State would obtain for the royalty oil if it was taken in-value and sold by the producers rather than taken in-kind and sold by the State to Flint Hills Resources Alaska. The term of the contract is five years, with royalty oil deliveries commencing on April 1, 2014, and terminating on March 31, 2019, with provisions to extend the contract subject to legislative approval. The proposed sale was reviewed by the Alaska Royalty Oil and Gas Development Advisory Board through a public hearing process held February 26, 2013. In accordance with AS 38.06.050, the board issued a written recommendation for legislative approval of the sale. I urge your prompt and favorable action on this measure. A copy of the contract will be provided by the Department of Natural Resources for your review. Sincerely, /s/ Sean Parnell Governor" 2013-03-27 House Journal Page 0676 HB 189 HOUSE BILL NO. 189 by Representatives KREISS-TOMKINS, Millett, Tuck, Costello, Gruenberg, Kerttula, and Herron, entitled: "An Act relating to hazing." was read the first time and referred to the Education and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 71 The following was read the second time: HOUSE BILL NO. 71 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 1DP 5NR 469 FN1: (CED) 470 FIN RPT CS(FIN) NT 10DP 1AM 582 FN2: (CED) 582 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 71(FIN) "An Act requiring the Department of Commerce, Community, and Economic Development to file an annual report to the legislature regarding statewide and regional economic development projects and regional development organizations; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." 2013-03-27 House Journal Page 0677 There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 71(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 71(FIN) was read the third time. The question being: "Shall CSHB 71(FIN) pass the House?" The roll was taken with the following result: CSHB 71(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Excused: Guttenberg And so, CSHB 71(FIN) passed the House. 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. CSHB 71(FIN) was referred to the Chief Clerk for engrossment. HB 84 The following was read the second time: HOUSE BILL NO. 84 "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 2013-03-27 House Journal Page 0678 temporary occupational license for qualified military service members; and providing for an effective date." with the: Journal Page L&C RPT 5DP 1AM 470 FN1: ZERO(EED) 470 FN2: ZERO(LWF) 470 FN3: ZERO(UA) 470 FN4: (CED) 470 FIN RPT CS(FIN) 8DP 640 FN1: ZERO(EED) 640 FN2: ZERO(LWF) 640 FN3: ZERO(UA) 640 FN5: ZERO(CED) 640 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 84(FIN) (same title) There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 84(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 84(FIN) was read the third time. The question being: "Shall CSHB 84(FIN) pass the House?" The roll was taken with the following result: CSHB 84(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 2013-03-27 House Journal Page 0679 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Excused: Guttenberg And so, CSHB 84(FIN) passed the House. 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. CSHB 84(FIN) was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Pruitt 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 - Allen Dale Parker By Senator Stevens; Representatives Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS 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 Edgmon - from 11:00 a.m., March 28 to 10:00 a.m., April 1 2013-03-27 House Journal Page 0680 Representative LeDoux - from 11:30 a.m., May 5 to 2:00 p.m., May 18 HB 31 Representative Saddler added his name as cosponsor to: HOUSE BILL NO. 31 "An Act requiring school districts to develop and require completion of a history of American constitutionalism curriculum segment; and providing for an effective date." HB 71 Representatives Tuck, Drummond, LeDoux, Stoltze, Josephson, and Tarr added their names as cosponsors to: CS FOR HOUSE BILL NO. 71(FIN) "An Act requiring the Department of Commerce, Community, and Economic Development to file an annual report to the legislature regarding statewide and regional economic development projects and regional development organizations; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." HB 84 Representatives Pruitt, Chenault, Johnson, Josephson, Gruenberg, Stoltze, and Tuck added their names as cosponsors to: CS FOR HOUSE BILL NO. 84(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 113 Representative Higgins added his name as cosponsor to: HOUSE BILL NO. 113 "An Act relating to the membership of the Alaska Fire Standards Council." 2013-03-27 House Journal Page 0681 SB 1 Representative Holmes added her name as cross sponsor to: SENATE BILL NO. 1 "An Act establishing May 10 of each year as Alaska Mining Day." SB 12 Representatives T. Wilson, Holmes, and Kawasaki added their names as cross sponsors to: SENATE BILL NO. 12 "An Act relating to state and public entity procurement, including the State Procurement Code, procurement preferences, contract awards, the use of small procurement provisions for certain amounts of leased space, the Alaska business license requirement for Alaska bidder and other procurement preferences, the proof of registration of construction contract bidders and offerors, the establishment and maintenance of lists of persons who want to provide supplies or services to the state, state agencies, and state instrumentalities, electronic bids and proposals, the chief procurement officer, small procurements, and writings; relating to the meaning of 'Alaska bidder'; and providing for an effective date." ENGROSSMENT HB 33 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration: HOUSE BILL NO. 33 "An Act adding definitions of 'gravity knife' and 'switchblade' to the criminal law; and relating to reserving the authority to regulate knives to the state with limited exceptions for municipalities to regulate knives." HB 71 CSHB 71(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2013-03-27 House Journal Page 0682 HB 84 CSHB 84(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. The following meeting today was changed: Judiciary Committee CHANGED TO: 1:30 p.m. ADJOURNMENT Representative Pruitt moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 28, 2013. There being no objection, the House adjourned at 11:50 a.m. Suzi Lowell Chief Clerk