Legislature(2013 - 2014)
2014-03-27 House Journal
Full Journal pdf2014-03-27 House Journal Page 2059 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday March 27, 2014 Sixty-sixth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:33 a.m. Roll call showed 37 members present. Representatives Drummond, Millett, and Tuck had been excused from a call of the House today. The invocation was offered by the Chaplain, Representative P. Wilson. Representative T. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer: Our Dear Heavenly Father, We thank thee for every new day that we are blessed to be here. We are aware of your love for us and are most grateful. We ask thee to please bless us with health, wisdom, and guidance of the spirit while we serve the Alaskan people and make important decisions on their behalf as representatives. We thank you for the trust you have given us and the trust of our constituents and pray to know how to do thy will. Please help us as legislators meet the goals and priorities we have undertaken this session that will benefit our people and this great state. Please bless our military and their families; we are most grateful for them. 2014-03-27 House Journal Page 2060 We thank thee and ask for all these blessings; in Jesus' name, Amen. The Pledge of Allegiance was led by Representative Reinbold. CERTIFICATION OF THE JOURNAL Representative Pruitt moved and asked unanimous consent that the th journal for the 65 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 26, 2014, was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 2 CS FOR SENATE CONCURRENT RESOLUTION NO. 2(JUD) by the Senate Judiciary Committee: Urging the United States Congress to act on the request of the governor to acquire for the state additional land in the Tongass National Forest from the United States government by purchase or negotiation or by seeking amendment to the Alaska Statehood Act. was read the first time and referred to the Judiciary Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 167 SENATE BILL NO. 167 by Senators HUGGINS BY REQUEST, Micciche, Fairclough, McGuire, Bishop, Giessel, Egan, Stedman, Meyer, and Dyson, entitled: 2014-03-27 House Journal Page 2061 "An Act relating to the maximum amount of uninsured and underinsured coverage payable under multiple motor vehicle insurance policies issued by the same insurer in the same household." was read the first time and referred to the Labor & Commerce Committee. SB 187 CS FOR SENATE BILL NO. 187(JUD)(title am) by the Senate Judiciary Committee, entitled: "An Act relating to the crime of misconduct involving confidential information in the first degree; amending Rule 16, Alaska Rules of Criminal Procedure; amending Rule 8, Alaska Child in Need of Aid Rules; and providing for an effective date." was read the first time and referred to the Judiciary Committee. SB 194 CS FOR SENATE BILL NO. 194(FIN) by the Senate Finance Committee, entitled: "An Act creating the Alaska Tourism Marketing Board; and relating to tourism marketing." was read the first time and referred to the Labor & Commerce and Finance Committees. REPORTS OF STANDING COMMITTEES HCR 15 The Finance Committee considered: HOUSE CONCURRENT RESOLUTION NO. 15 Relating to the continuation of the Task Force on Unmanned Aircraft Systems. and recommends it be replaced with: 2014-03-27 House Journal Page 2062 CS FOR HOUSE CONCURRENT RESOLUTION NO. 15(FIN) Relating to the Task Force on Unmanned Aircraft Systems. The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: Do pass (11): Guttenberg, Holmes, Neuman, Munoz, Thompson, Edgmon, T. Wilson, Gara, Costello, Stoltze, Austerman The following fiscal note(s) apply to CSHCR 15(FIN): 2. Fiscal, Legislative Agency HCR 15 was referred to the Rules Committee for placement on the calendar. HJR 18 The Finance Committee considered: HOUSE JOINT RESOLUTION NO. 18 Proposing amendments to the Constitution of the State of Alaska relating to the office of attorney general. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 18(FIN) (same title) The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: Do pass (5): Neuman, Thompson, T. Wilson, Stoltze, Austerman No recommendation (6): Guttenberg, Holmes, Munoz, Edgmon, Gara, Costello The following fiscal note(s) apply to CSHJR 18(FIN): 1. Zero, Legislative Agency 2. Fiscal, Office of the Governor 2014-03-27 House Journal Page 2063 HJR 18 was referred to the Rules Committee for placement on the calendar. HB 143 The Finance Committee considered: HOUSE BILL NO. 143 "An Act relating to crewmember fishing licenses." and recommends it be replaced with: CS FOR HOUSE BILL NO. 143(FIN) "An Act relating to crewmember fishing licenses; and providing for an effective date." The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: Do pass (10): Guttenberg, Holmes, Thompson, Munoz, Edgmon, T. Wilson, Gara, Costello, Stoltze, Austerman No recommendation (1): Neuman The following fiscal note(s) apply to CSHB 143(FIN): 3. Fiscal, Dept. of Fish & Game Fiscal note(s) forthcoming. HB 143 was referred to the Rules Committee for placement on the calendar. HB 210 The Finance Committee considered: HOUSE BILL NO. 210 "An Act relating to the administration of psychiatric medication to a student; relating to crisis intervention training for school personnel; and relating to restraint, escort, and seclusion of students in public and private schools." 2014-03-27 House Journal Page 2064 and recommends it be replaced with: CS FOR HOUSE BILL NO. 210(FIN) "An Act relating to crisis intervention training for school personnel; and relating to restraint and seclusion of students in public schools." The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: Do pass (11): Guttenberg, Holmes, T. Wilson, Munoz, Neuman, Thompson, Edgmon, Gara, Costello, Stoltze, Austerman The following fiscal note(s) apply to CSHB 210(FIN): 1. Fiscal, Dept. of Education & Early Development HB 210 was referred to the Rules Committee for placement on the calendar. HB 250 The Judiciary Committee considered: HOUSE BILL NO. 250 "An Act making an expression of apology, responsibility, liability, sympathy, commiseration, compassion, or benevolence by a health care provider inadmissible in a medical malpractice case; requiring a health care provider to advise a patient or the patient's legal representative to seek legal advice before making an agreement with the patient to correct an unanticipated outcome of medical treatment or care; and amending Rules 402, 407, 408, 409, and 801, Alaska Rules of Evidence." and recommends it be replaced with: CS FOR HOUSE BILL NO. 250(HSS) "An Act making an expression of apology, responsibility, sympathy, commiseration, compassion, or benevolence by a health care provider inadmissible in a medical malpractice case; requiring a health care provider to advise a patient or the patient's 2014-03-27 House Journal Page 2065 legal representative to seek legal advice before making an agreement with the patient to correct an unanticipated outcome of medical treatment or care; and amending Rules 402, 407, 408, 409, and 801, Alaska Rules of Evidence." The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (3): Foster, Gruenberg, Keller No recommendation (2): LeDoux, Lynn The following fiscal note(s) apply to CSHB 250(HSS): 1. Zero, Dept. of Corrections HB 250 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Fisheries reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Bruce Twomley as a member of the Alaska Commercial Fisheries Entry Commission. The report was signed by Representative Seaton, Chair; and Representatives Johnson, Feige, and Gattis. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Conway Seavey, 2014 Junior Iditarod Champion By Representative Chenault; Senators Giessel, Micciche 2014-03-27 House Journal Page 2066 Honoring - Elizabeth Barry By Senators Ellis, Gardner Honoring - Lance B. Nelson By Senator McGuire Honoring - Jimmie Lockhart and the Montford Point Marines By Senator Ellis In Memoriam - Robert Piser By Senator Coghill In Memoriam - Donald Alvin Herning By Senator Coghill; Representative T. Wilson INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 by the House Rules Committee by request: Commending the State of Israel for its cordial and mutually beneficial relationship with the United States and Alaska; and supporting the right of the State of Israel to self-governance and self-defense. was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 217 The following was read the second time: HOUSE BILL NO. 217 "An Act establishing November 14 each year as Dr. Walter Soboleff Day." 2014-03-27 House Journal Page 2067 with the: Journal Page STA RPT 5DP 1651 FN1: ZERO(ADM) 1651 Representative Pruitt moved and asked unanimous consent that HB 217 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 217 was read the third time. Representative Pruitt moved and asked unanimous consent that Representative Nageak be excused from a call of the House today. There being no objection, it was so ordered. The question being: "Shall HB 217 pass the House?" The roll was taken with the following result: HB 217 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, P.Wilson, T.Wilson Excused: Drummond, Millett, Nageak, Tuck Absent: Hawker And so, HB 217 passed the House and was referred to the Chief Clerk for engrossment. HB 369 The following was read the second time: 2014-03-27 House Journal Page 2068 HOUSE BILL NO. 369 "An Act relating to limited immunity from criminal prosecution for a person who seeks medical assistance for a person experiencing a drug overdose." with the: Journal Page JUD RPT CS(JUD) NT 5DP 1AM 2017 FN1: ZERO(ADM) 2018 FN2: ZERO(ADM) 2018 FN3: ZERO(LAW) 2018 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. 369(JUD) "An Act relating to restrictions on the criminal prosecution for certain offenses for a person who seeks medical assistance for a person experiencing a drug overdose." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 369(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 369(JUD) was read the third time. The question being: "Shall CSHB 369(JUD) pass the House?" The roll was taken with the following result: CSHB 369(JUD) Third Reading Final Passage YEAS: 28 NAYS: 4 EXCUSED: 4 ABSENT: 4 Yeas: Austerman, Chenault, Costello, Feige, Foster, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Hughes, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Tarr, Thompson, P.Wilson 2014-03-27 House Journal Page 2069 Nays: Higgins, Josephson, Stoltze, T.Wilson Excused: Drummond, Millett, Nageak, Tuck Absent: Edgmon, Gara, Isaacson, Johnson And so, CSHB 369(JUD) passed the House. Representative Josephson gave notice of reconsideration of the vote on CSHB 369(JUD). LEGISLATIVE CITATIONS Representative Pruitt moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Teri Rofkar By Representatives Kreiss-Tomkins, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Ann and Colette Ohotnicky By Senator Wielechowski; Representatives LeDoux, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Lloyd Ferdan Hames By Representatives Kreiss-Tomkins, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Stedman 2014-03-27 House Journal Page 2070 In Memoriam - Margo McCabe By Senator Giessel; Representatives Chenault, Costello, Drummond, Edgmon, Feige, 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 The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 11:42 a.m. AFTER RECESS The Speaker called the House back to order at 4:36 p.m. Representative Edgmon was excused (page 1987). UNFINISHED BUSINESS HB 116 Representatives Edgmon and Feige added their names as cosponsors to: HOUSE BILL NO. 116 "An Act relating to the use of credited military service by retired peace officers and firefighters to meet certain requirements for major medical insurance coverage; and providing for an effective date." HB 216 Representative Kawasaki added his name as cosponsor to: HOUSE BILL NO. 216 "An Act adding the Inupiaq, Siberian Yupik, Central Alaskan Yup'ik, Alutiiq, Unangax, Dena'ina, Deg Xinag, Holikachuk, Koyukon, Upper Kuskokwim, Gwich'in, Tanana, Upper Tanana, Tanacross, Hän, Ahtna, Eyak, Tlingit, Haida, and Tsimshian languages as official languages of the state." 2014-03-27 House Journal Page 2071 HB 217 Representatives Gruenberg, Kawasaki, Josephson, Guttenberg, Saddler, LeDoux, Stoltze, and Johnson added their names as cosponsors to: HOUSE BILL NO. 217 "An Act establishing November 14 each year as Dr. Walter Soboleff Day." HB 369 Representatives Lynn and Olson added their names as cosponsors to: CS FOR HOUSE BILL NO. 369(JUD) "An Act relating to restrictions on the criminal prosecution for certain offenses for a person who seeks medical assistance for a person experiencing a drug overdose." ENGROSSMENT HB 217 HB 217 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 28, 2014. There being no objection, the House adjourned at 4:36 p.m. Suzi Lowell Chief Clerk