Legislature(2013 - 2014)
2014-03-26 House Journal
Full Journal pdf2014-03-26 House Journal Page 2041 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday March 26, 2014 Sixty-fifth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:34 a.m. Roll call showed 37 members present. Representative Drummond had been excused from a call of the House today. Representative Seaton was absent and later excused (page 2047). Representative Pruitt moved and asked unanimous consent that Representative Millett's excused absence (page 1987) be extended from today to 10:00 a.m., April 1. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Tari Stage-Harvey of Shepherd of the Valley 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. Respecting the beliefs of all Alaskans, I offer this prayer: O fountain of life, pour out your spirit upon this assembly. Fill us with charity so we may look upon one another with favor and grace, not judgment and disdain. Fill us with joy so we may live in freedom and love, not in anger and bitterness. Fill us with awe so we may approach the tasks before us with humility and reverence. Guide us into your way of truth and justice so all may know the fullness of life. In you we place our trust. Amen. 2014-03-26 House Journal Page 2042 The Pledge of Allegiance was led by Representative Pruitt. CERTIFICATION OF THE JOURNAL Representative Pruitt moved and asked unanimous consent that the th journal for the 64 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Munoz introduced Kaden Noe and Adela Diaz, Guest Pages, from Juneau. MESSAGES FROM THE GOVERNOR HB 1 A message dated March 25, 2014, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 1(STA) am "An Act relating to issuance of drivers' licenses." Chapter No. 1, SLA 2014 Effective Date: June 23, 2014 HB 71 A message dated March 25, 2014, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: FREE CONFERENCE CS FOR HOUSE BILL NO. 71 "An Act relating to a vessel-based commercial fisheries limited entry system for the Bering Sea hair crab fishery; requiring the Commercial Fisheries Entry Commission to report biennially on the vessel-based limited entry fisheries system for the Bering Sea hair crab fishery; establishing the Alaska regional economic assistance program; requiring the Department of Commerce, Community, and Economic Development to compile an annual report to the legislature regarding statewide and regional 2014-03-26 House Journal Page 2043 economic development projects and regional development organizations; and providing for an effective date." Chapter No. 2, SLA 2014 Effective Date: See Chapter HB 298 A message dated March 25, 2014, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE BILL NO. 298(FIN) "An Act relating to confidentiality of performance review records and reports of the legislative audit division; and providing for an effective date." Chapter No. 5, SLA 2014 Effective Date: March 26, 2014 SCR 9 A message dated March 25, 2014, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 9 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 71, 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; and extending the termination date of the Alaska regional economic assistance program. Legislative Resolve No. 27 SCR 18 A message dated March 25, 2014, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2014-03-26 House Journal Page 2044 SENATE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 15, 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. Legislative Resolve No. 31 SCR 19 A message dated March 25, 2014, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 19, urging the Secretary of the United States Air Force, the Chief of Staff of the United States Air Force, and the Commander of the Pacific Air Forces to base F-35 aircraft assigned to the Pacific Air Forces at Eielson Air Force Base. Legislative Resolve No. 32 SB 125 A message dated March 25, 2014, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 125 "An Act disapproving all recommendations of the State Officers Compensation Commission relating to the salaries of state officers; and providing for an effective date." Chapter No. 4, SLA 2014 Effective Date: March 26, 2014 2014-03-26 House Journal Page 2045 SB 148 A message dated March 25, 2014, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 148 "An Act excluding certain land from the Kachemak Bay Critical Habitat Area." Chapter No. 3, SLA 2014 Effective Date: June 23, 2014 REPORTS OF STANDING COMMITTEES HCR 21 The Health & Social Services Committee considered: HOUSE CONCURRENT RESOLUTION NO. 21 Proclaiming April 2014 as Child Abuse Prevention Month. The report was signed by Representative Higgins, Chair, with the following individual recommendations: Do pass (4): Seaton, Keller, Nageak, Higgins The following fiscal note(s) apply: 1. Zero, House Health & Social Services Committee HCR 21 was referred to the Rules Committee for placement on the calendar. HB 376 The Health & Social Services Committee considered: HOUSE BILL NO. 376 "An Act extending the termination date of the Alaska Health Care Commission; and providing for an effective date." 2014-03-26 House Journal Page 2046 The report was signed by Representative Higgins, Chair, with the following individual recommendations: Do pass (4): Seaton, Keller, Nageak, Higgins No recommendation (1): Reinbold The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services HB 376 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HCR 25 The House Special Committee on Fisheries considered: HOUSE CONCURRENT RESOLUTION NO. 25 Urging the Governor to request that the North Pacific Fishery Management Council analyze the option of including community fishing associations as entities that may be granted catch shares in any trawl bycatch management program for the Gulf of Alaska. The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (4): Herron, Feige, Kreiss-Tomkins, Seaton No recommendation (1): Gattis The following fiscal note(s) apply: 1. Zero, House Special Committee on Fisheries HCR 25 was referred to the Rules Committee for placement on the calendar. 2014-03-26 House Journal Page 2047 INTRODUCTION OF CITATIONS The following citations were introduced and taken up later as a Special Order of Business: Honoring - League of Women Voters of the Tanana Valley, Celebrating 50 Years of Service and Leadership By Representative Kawasaki Honoring - Rasmuson Foundation By Representative Josephson In Memoriam - Claus-M. Naske By Representatives Guttenberg, Kawasaki The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Teri Rofkar By Representative Kreiss-Tomkins Honoring - Ann and Colette Ohotnicky By Senator Wielechowski; Representative LeDoux In Memoriam - Lloyd Ferdan Hames By Representative Kreiss-Tomkins; Senator Stedman In Memoriam - Margo McCabe By Senator Giessel Representative Pruitt moved and asked unanimous consent that Representative Seaton be excused from a call of the House today. There being no objection, it was so ordered. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 305 The following was read the second time: 2014-03-26 House Journal Page 2048 HOUSE BILL NO. 305 "An Act repealing the requirement that a junk dealer or metal scrapper obtain a license." with the: Journal Page FIN RPT CS(FIN) NT 4DP 6NR 1997 FN1: ZERO(COR) 1998 FN2: ZERO(REV) 1998 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. 305(FIN) "An Act relating to the records of metal scrappers; repealing the requirement that a junk dealer or metal scrapper obtain a license; and providing for an effective date." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 305(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 305(FIN) was read the third time. The question being: "Shall CSHB 305(FIN) pass the House?" The roll was taken with the following result: CSHB 305(FIN) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Stoltze, Tarr, Thompson, Tuck, P.Wilson Nays: Neuman, T.Wilson 2014-03-26 House Journal Page 2049 Excused: Drummond, Millett, Seaton And so, CSHB 305(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 305(FIN) was referred to the Chief Clerk for engrossment. HB 366 The following was read the second time: HOUSE BILL NO. 366 "An Act relating to reporting an involuntary mental health commitment to the National Instant Criminal Background Check System; and relating to relief from disabilities of a record of involuntary commitment and an adjudication of mental illness or mental incompetence." with the: Journal Page STA RPT CS(STA) NT 2DP 3NR 1AM 1845 FN1: ZERO(CRT) 1846 FN2: ZERO(DHS) 1846 FN3: INDETERMINATE(LAW) 1846 FN4: (DPS) 1846 JUD RPT CS(JUD) NT 5DP 1NR 2016 FN1: ZERO(CRT) 2017 FN2: ZERO(DHS) 2017 FN5: ZERO(ADM) 2017 FN6: ZERO(ADM) 2017 FN7: ZERO(LAW) 2017 FN8: ZERO(DPS) 2017 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2014-03-26 House Journal Page 2050 CS FOR HOUSE BILL NO. 366(JUD) "An Act relating to reporting an involuntary mental health commitment to the National Instant Criminal Background Check System; relating to the sealing of records of mental health proceedings; and relating to relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 366(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 366(JUD) was read the third time. The question being: "Shall CSHB 366(JUD) pass the House?" The roll was taken with the following result: CSHB 366(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Excused: Drummond, Millett, Seaton And so, CSHB 366(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 268 The following, which was advanced to third reading from the March 25, 2014, calendar (page 2033), was read the third time: 2014-03-26 House Journal Page 2051 CS FOR HOUSE BILL NO. 268(FIN) "An Act relating to big bull moose derbies and the Snow Town Ice Classic; and relating to permits for games of chance and contests of skill." Representative Kawasaki moved and asked unanimous consent that CSHB 268(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 268(FIN) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Kawasaki: Page 1, line 1 (title amendment): Delete "derbies" Insert "classics" Page 2, line 26: Delete "derbies" Insert "classics" Page 3, line 6: Delete "derbies" Insert "classics" Page 3, line 14: Delete "derbies" Insert "classics" Page 3, line 20: Delete "derbies" Insert "classics" Page 4, line 15: Delete "derby" Insert "classic" 2014-03-26 House Journal Page 2052 Page 4, line 15: Delete "contest" Insert "game of chance" Representative Kawasaki moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Saddler objected. Representative Pruitt moved and asked unanimous consent that Representative Stoltze be excused until 12:30 p.m., today. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 268(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 24 EXCUSED: 4 ABSENT: 0 Yeas: Edgmon, Gara, Gruenberg, Guttenberg, Herron, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Munoz, Tarr, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Thompson, P.Wilson, T.Wilson Excused: Drummond, Millett, Seaton, Stoltze And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Guttenberg: Page 1, line 1 (title amendment): Delete "derbies" Insert "classics" Page 2, line 26: Delete "derbies" Insert "classics" 2014-03-26 House Journal Page 2053 Page 2, following line 27: Insert a new paragraph to read: "(11) restrictions on the participation in bull moose classics by persons who harvest moose during the classic and in the area of the state in which the classic is conducted; and" Page 2, line 28: Delete "(11)" Insert "(12) [(11)]" Page 3, line 6: Delete "derbies" Insert "classics" Page 3, line 14: Delete "derbies" Insert "classics" Page 3, line 20: Delete "derbies" Insert "classics" Page 4, lines 15 - 16: Delete all material and insert: "(50) "big bull moose classic" means a game of chance in which prizes are awarded for the closest guess of the largest size or spread of antlers from moose legally harvested during a specific period in a specific part of the state." Representative Guttenberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative T. Wilson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 268(FIN) Second Reading Amendment No. 2 YEAS: 11 NAYS: 25 EXCUSED: 4 ABSENT: 0 2014-03-26 House Journal Page 2054 Yeas: Edgmon, Gara, Gruenberg, Guttenberg, Herron, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tarr, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Thompson, P.Wilson, T.Wilson Excused: Drummond, Millett, Seaton, Stoltze And so, Amendment No. 2 was not adopted. CSHB 268(FIN) was automatically in third reading. The question being: "Shall CSHB 268(FIN) pass the House?" The roll was taken with the following result: CSHB 268(FIN) Third Reading Final Passage YEAS: 25 NAYS: 10 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Thompson, P.Wilson, T.Wilson Nays: Edgmon, Gara, Gruenberg, Guttenberg, Herron, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tuck Excused: Drummond, Millett, Seaton, Stoltze Absent: Tarr And so, CSHB 268(FIN) passed the House and 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: 2014-03-26 House Journal Page 2055 In Memoriam - Thomas Edward Schantz By Representatives Feige, Costello, Chenault, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, 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 Herron - from 6:00 a.m., March 29 to 10:00 p.m., March 31 Representative LeDoux - from 6:00 p.m., March 28 to 2:00 p.m., March 30 SPECIAL ORDER OF BUSINESS Representative Pruitt moved and asked unanimous consent that the notice and publication requirements be waived and the citations, Honoring - League of Women Voters of the Tanana Valley, Celebrating 50 Years of Service and Leadership, Honoring - Rasmuson Foundation, and In Memoriam - Claus-M. Naske, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that the House approve the citations. There being no objection, the following citations were approved and sent to enrolling: Honoring - League of Women Voters of the Tanana Valley, Celebrating 50 Years of Service and Leadership By Representatives Kawasaki, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, 2014-03-26 House Journal Page 2056 Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Rasmuson Foundation By Representatives Josephson, Chenault, Austerman, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Claus-M. Naske By Representatives Guttenberg, Kawasaki, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Keller, Kito III, 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 member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Tuck - from today to 10:30 a.m., March 30 (amended from page 1659) HB 31 Representatives Hughes and Lynn added their names as cosponsors 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." 2014-03-26 House Journal Page 2057 ENGROSSMENT HB 268 CSHB 268(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 305 CSHB 305(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 366 CSHB 366(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 Pruitt moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 27, 2014. There being no objection, the House adjourned at 12:32 p.m. Suzi Lowell Chief Clerk