Legislature(2013 - 2014)
2014-04-10 House Journal
Full Journal pdf2014-04-10 House Journal Page 2323 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday April 10, 2014 Eightieth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:35 a.m. Roll call showed 32 members present. Representatives Costello, Edgmon, Gara, Guttenberg, Holmes, Munoz, Stoltze, and Tarr were absent and their presence was noted later. Representative Pruitt moved and asked unanimous consent that Representative Higgins be excused from a call of the House from 6:00 p.m., today to 8:00 p.m., April 12. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Joe Verhagen, House Page. 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 the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer in Spanish and English: Nuestro amoroso Padre Celestial te damos gracias por estar aquí este día y por ser testigos del proceso legislativo en este estado bello. Padre, nos invitamos tu espíritu para morar con nosotros durante este día, y por favor, Padre, también bendice cada uno de estos representantes con tu sabiduría. Estamos agradecidos por el servicio que ofrecen los representantes y también de sus familias, y ofrezco esta oración humildemente en el nombre de tu hijo, Jesucristo, Amen. 2014-04-10 House Journal Page 2324 Our loving Heavenly Father, we thank thee that we could be here today and witness the legislative process in this beautiful state. Father, we invite thy spirit to dwell with us this day, and also, Father, please bless each one of these representatives with wisdom. We are grateful for the service that these current representatives offer and also that of their families, and I offer this prayer in the name of Jesus Christ, Amen. The Pledge of Allegiance was led by Representative Drummond. CERTIFICATION OF THE JOURNAL Representative Pruitt moved and asked unanimous consent that the th journal for the 79 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 301 A message dated April 9, 2014, was read stating the Senate passed: CS FOR HOUSE BILL NO. 301(HSS) "An Act relating to duties and procedures of the state medical examiner and the Department of Health and Social Services." CSHB 301(HSS) was referred to the Chief Clerk for enrollment. A message dated April 9, 2014, was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 206 CS FOR SENATE BILL NO. 206(STA) by the Senate State Affairs Committee, entitled: "An Act relating to motor vehicle registration and fees; relating to licensing of school bus drivers; relating to notice of an accident involving a motor vehicle; and providing for an effective date." 2014-04-10 House Journal Page 2325 was read the first time and referred to the State Affairs Committee. **The presence of Representative Munoz was noted. REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Stephanie Johnson Lyn Tashea as members of the Board of Professional Counselors. Brit Szymoniak as a member of the Board of Certified Real Estate Appraisers. The report was signed by Representative Olson, Chair; and Representatives Reinbold, Chenault, Saddler, Herron, Millett, and Josephson. HB 60 The Judiciary Committee considered: HOUSE BILL NO. 60 "An Act adopting and relating to the Uniform Real Property Transfer on Death Act." and recommends it be replaced with: CS FOR HOUSE BILL NO. 60(JUD) "An Act adopting and relating to the Uniform Real Property Transfer on Death Act; relating to establishing the law governing certain trusts; and relating to disclaimers of property interests." The report was signed by Representative Keller, Chair, with the following individual recommendations: 2014-04-10 House Journal Page 2326 Do pass (3): LeDoux, Gruenberg, Lynn No recommendation (1): Keller The following fiscal note(s) apply to CSHB 60(JUD): 1. Zero, Dept. of Natural Resources HB 60 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Tarr and Edgmon was noted. HB 116 The Labor & Commerce Committee considered: 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 116(L&C) (same title) The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (2): Millett, Josephson No recommendation (5): Chenault, Herron, Reinbold, Saddler, Olson The following fiscal note(s) apply to CSHB 116(L&C): 1. Zero, Dept. of Administration HB 116 was referred to the Finance Committee. 2014-04-10 House Journal Page 2327 **The presence of Representative Costello was noted. HB 206 The Labor & Commerce Committee considered: HOUSE BILL NO. 206 "An Act relating to motor vehicle service contracts; and exempting motor vehicle service contracts from regulation as insurance." and recommends it be replaced with: CS FOR HOUSE BILL NO. 206(L&C) "An Act relating to motor vehicle service contracts; exempting motor vehicle service contracts from regulation as insurance; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (1): Millett No recommendation (6): Chenault, Herron, Reinbold, Saddler, Josephson, Olson The following fiscal note(s) apply to CSHB 206(L&C): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 206 was referred to the Rules Committee for placement on the calendar. HB 282 The Judiciary Committee considered: HOUSE BILL NO. 282 "An Act relating to the rights and obligations of residential landlords and tenants; and relating to the taking of a permanent fund dividend for rent and damages owed to a residential landlord." 2014-04-10 House Journal Page 2328 and recommends it be replaced with: CS FOR HOUSE BILL NO. 282(JUD) (same title) The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (5): LeDoux, Pruitt, Gruenberg, Lynn, Keller The following fiscal note(s) apply to CSHB 282(JUD): 1. Zero, Dept. of Revenue HB 282 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Stoltze was noted. SB 64 The Judiciary Committee considered: CS FOR SENATE BILL NO. 64(FIN) "An Act relating to theft and property offenses; relating to the definition of 'prior convictions' for certain theft offenses; establishing the Alaska Criminal Justice Commission and providing an expiration date; relating to the crime of custodial interference; relating to the duties of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered treatment programs; relating to conditions of release, probation, and parole; relating to duties of the commissioner of corrections and board of parole; establishing a fund for reducing recidivism in the Department of Health and Social Services; requiring the commissioner of health and social services to establish programs for persons on conditions of release or probation that require testing for controlled substances and alcoholic beverages; requiring the board of parole to establish programs for persons on parole that require testing for controlled substances and alcoholic beverages; relating to the duties of the Department of Health and Social Services; and providing for an effective date." 2014-04-10 House Journal Page 2329 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 64(JUD) "An Act relating to theft and property offenses; relating to the definition of 'prior convictions' for certain theft offenses; establishing the Alaska Criminal Justice Commission and providing an expiration date; relating to electronic monitoring for certain persons convicted of driving while under the influence; allowing a reduction of penalties for offenders successfully completing court-ordered treatment programs for persons convicted of driving while under the influence; relating to termination of a revocation of a person's driver's license; relating to limitation of drivers' licenses; relating to restoration of a driver's license; relating to the crime of custodial interference; relating to the duties of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered treatment programs; relating to conditions of release, probation, and parole; relating to a mitigating factor for a person suffering from combat-related post- traumatic stress disorder or combat-related traumatic brain injury; relating to duties of the commissioner of corrections and board of parole; establishing a fund for reducing recidivism in the Department of Health and Social Services; requiring the commissioner of health and social services to establish programs for persons on conditions of release or probation that require testing for controlled substances and alcoholic beverages; requiring the board of parole to establish programs for persons on parole that require testing for controlled substances and alcoholic beverages; relating to the duties of the Department of Health and Social Services; relating to the confidentiality of certain records of criminal cases; and providing for an effective date." (HCR 27 - title change resolution) The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (3): Gruenberg, Lynn, Keller No recommendation (1): Pruitt 2014-04-10 House Journal Page 2330 Amend (1): LeDoux The following fiscal note(s) apply to HCS CSSB 64(JUD): 8. Zero, Dept. of Administration 9. Zero, Dept. of Administration 10. Zero, Dept. of Administration 13. Zero, Office of the Governor 14. Fiscal, Senate Finance Committee/Dept. of Health & Social Services 15. Fiscal, Senate Finance Committee/Dept. of Health & Social Services 16. Fiscal, Senate Finance Committee/Dept. of Corrections 17. Fiscal, Dept. of Corrections 18. Fiscal, Alaska Court System 19. Zero, Alaska Court System 20. Zero, Dept. of Law CSSB 64(FIN) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Ira Perman By Representative Drummond; Senator Gardner Honoring - Holly Brooks By Representative Tarr; Senator Ellis Honoring - Andy Couch, Howard Delo, Larry Engle and Bruce Knowles By Representatives Stoltze, Keller, Neuman, Gattis, Hughes; Senators Dunleavy, Huggins Honoring - The South Anchorage High School Hockey Team, 2014 4A State Champions By Representative Johnson; Senator McGuire 2014-04-10 House Journal Page 2331 Honoring - Chugiak-Eagle River Chinooks Baseball Team By Representatives Saddler, Stoltze Honoring - The 2014 House Floor Staff By Representative Johnson th Honoring - Eagle River Elks Lodge #2682 30 Anniversary By Representative Stoltze Honoring - Kenneth A. Murray Insurance Company on 75 Years of Business By Representative Kawasaki; Senator Kelly Honoring - C-23 Sherpas By Representative Saddler th Honoring - HIPOW 45 Anniversary By Representative Kawasaki; Senator Kelly Honoring - Dr. Bruce Johnson By Senator Stevens Honoring - Lorna Shaw By Senator Kelly; Representative Kawasaki Honoring - Deborah Williams By Senator Gardner; Representative Gara Honoring - Pat Abney By Senators Gardner, Ellis In Memoriam - Precious Alex By Representative Tarr In Memoriam - Thomas 'Aviaq' Richards, Jr. By Representative Drummond; Senator Olson In Memoriam - Marilyn L. Ross By Representative Reinbold; Senator Fairclough 2014-04-10 House Journal Page 2332 In Memoriam - Donald Lloyd Turner By Representative Guttenberg In Memoriam - James Joseph Loftus III By Representative Guttenberg In Memoriam - Raymond Garrity By Representatives Seaton, Guttenberg In Memoriam - Martha Levensaler By Representative Tarr; Senator Gardner In Memoriam - Tyler Eugene Mowrey By Representative Kawasaki; Senator Kelly In Memoriam - Touch Chea and Sorn Sreap By Representative Tarr In Memoriam - Robert Hatcher By Senator Stevens; Representative Austerman In Memoriam - Leda Evanova Taradonova By Senator Micciche; Representative Olson In Memoriam - Leo C. Kaye By Senators Huggins, Dunleavy, Dyson; Representatives Gattis, Feige, Hughes, Keller, Neuman, Stoltze **The presence of Representatives Gara, Guttenberg, and Holmes was noted. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 by the House Judiciary Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 64, 2014-04-10 House Journal Page 2333 relating to theft and property offenses; relating to the definition of "prior convictions" for certain theft offenses; establishing the Alaska Criminal Justice Commission and providing an expiration date; relating to the crime of custodial interference; relating to the duties of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered treatment programs; relating to conditions of release, probation, and parole; relating to duties of the commissioner of corrections and board of parole; establishing a fund for reducing recidivism in the Department of Health and Social Services; requiring the commissioner of health and social services to establish programs for persons on conditions of release or probation that require testing for controlled substances and alcoholic beverages; requiring the board of parole to establish programs for persons on parole that require testing for controlled substances and alcoholic beverages; and relating to the duties of the Department of Health and Social Services. 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 250 The following was read the second time: 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." with the: Journal Page HSS RPT CS(HSS) NT 6DP 1937 FN1: ZERO(COR) 1938 2014-04-10 House Journal Page 2334 JUD RPT CS(HSS) NT 3DP 2NR 2064 FN1: ZERO(COR) 2065 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. 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 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." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 250(HSS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 250(HSS) will advance to third reading on tomorrow's calendar. HB 309 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 309 "An Act relating to a craft distillery license." HB 336 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 336 "An Act relating to sales of alcoholic beverages near a school or church." 2014-04-10 House Journal Page 2335 HB 384 The following was read the second time: HOUSE BILL NO. 384 "An Act increasing the minimum wage; and providing for an effective date." with the: Journal Page L&C RPT 3DP 1DNP 2NR 1AM 2310 FN1: ZERO(LWF) 2310 Representative Pruitt moved and asked unanimous consent that HB 384 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 384 will advance to third reading on tomorrow's calendar. THIRD READING OF SENATE BILLS SB 49 The following, which was advanced to third reading from the April 9, 2014, calendar (page 2304), was read the third time: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49(FIN) "An Act defining 'medically necessary abortion' for purposes of making payments under the state Medicaid program." Representative T. Wilson moved and asked unanimous consent that HCS SSSB 49(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, HCS SSSB 49(FIN) would be returned to second reading for all amendments. 2014-04-10 House Journal Page 2336 Amendment No. 1 was offered by Representatives T. Wilson and LeDoux: Page 1, line 1, following "Act" (title amendment): Insert "relating to existing women's health programs; and" Page 1, following line 3: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT; FUNDING OF WOMEN'S HEALTH PROGRAMS. It is the intention of the legislature to define the phrase "medically necessary" for purposes of Medicaid funding of abortion services and to continue to fund existing women's health programs in the state." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Representative T. Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SSSB 49(FIN) Second Reading Amendment No. 1 YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson, T.Wilson Nays: Gara, Guttenberg, Josephson, Kito III, Tarr 2014-04-10 House Journal Page 2337 Tarr changed from "Yea" to "Nay". And so, Amendment No. 1 was adopted, and the new title follows: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49(FIN) am H "An Act relating to existing women's health programs; and defining 'medically necessary abortion' for purposes of making payments under the state Medicaid program." Amendment No. 2 was offered by Representatives Munoz and Gruenberg: Page 3, lines 2 - 5: Delete all material and insert: "(xxii) another physical disorder, physical injury, or physical illness, including a physical condition arising from the pregnancy, or a psychiatric disorder that places the woman in imminent danger of medical impairment of a major bodily function if an abortion is not performed." Representative Munoz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative LeDoux objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS SSSB 49(FIN) am H Second Reading Amendment No. 2 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Munoz, Nageak, Seaton, Tarr, Tuck 2014-04-10 House Journal Page 2338 Nays: Chenault, Costello, Feige, Gattis, Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Tarr, Gara, and Kawasaki: Page 1, line 1, following "Act" (title amendment): Insert "relating to Medicaid funding; and" Page 3, following line 5: Insert a new bill section to read: "* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: STATE MEDICAID FUNDING FOR FAMILY PLANNING SERVICES. Notwithstanding any other provision of law, the Department of Health and Social Services shall pay, for additional family planning services for eligible medical assistance recipients under AS 47.07.020, an amount equal to the difference between the amount paid from the general fund for abortion services covered under AS 47.07.030 in the 12 months immediately preceding the first date on which this Act is first implemented and the amount paid from the general fund for abortion services under AS 47.07.030 in the 12 months immediately following the first date on which this Act is first implemented. The amount paid for family planning services under this section may not supplant funds available from any other source for family planning services for the same period." Representative Tarr moved and asked unanimous consent that Amendment No. 3 be adopted. Representative LeDoux objected. The Speaker stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 11:48 a.m. 2014-04-10 House Journal Page 2339 AFTER RECESS The Speaker called the House back to order at 5:17 p.m. THIRD READING OF SENATE BILLS (continued) SB 49 The following was before the House with Amendment No. 3 (page 2338) pending: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49(FIN) am H "An Act relating to existing women's health programs; and defining 'medically necessary abortion' for purposes of making payments under the state Medicaid program." Representative Tarr moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 121 The Finance Committee considered: HOUSE BILL NO. 121 "An Act relating to the examinations, board, loans, records, and lobbying contracts of the Alaska Commercial Fishing and Agriculture Bank; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 121(FIN) "An Act relating to the examinations, board, loans, and records of the Alaska Commercial Fishing and Agriculture Bank; and providing for an effective date." The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: 2014-04-10 House Journal Page 2340 Do pass (4): T. Wilson, Holmes, Costello, Austerman No recommendation (7): Guttenberg, Munoz, Neuman, Thompson, Edgmon, Gara, Stoltze The following fiscal note(s) apply to CSHB 121(FIN): 2. Fiscal, Dept. of Commerce, Community, & Economic Development HB 121 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 266 The Conference Committee considering: CS FOR HOUSE BILL NO. 266(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 266(FIN) (same title) respectfully requests limited powers of free conference on the appropriations and language that are not identical in House and Senate versions of HB 266. The request was signed by Representatives Austerman (Chair), Stoltze, Gara; and Senators Kelly (Chair), Meyer, Hoffman. The Speaker granted the limited powers of free conference as requested. The Chief Clerk notified the Senate. 2014-04-10 House Journal Page 2341 HB 267 The Conference Committee considering: CS FOR HOUSE BILL NO. 267(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 267(FIN) (same title) respectfully requests limited powers of free conference on the appropriations and language that are not identical in House and Senate versions of HB 267. The request was signed by Representatives Austerman (Chair), Stoltze, Gara; and Senators Kelly (Chair), Meyer, Hoffman. The Speaker granted the limited powers of free conference as requested. The Chief Clerk notified the Senate. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 385 HOUSE BILL NO. 385 by the House Rules Committee by request of the Governor, entitled: "An Act relating to additional state contributions to the teachers' defined benefit retirement plan and the public employees' defined benefit retirement plan; and providing for an effective date." was read the first time and referred to the Finance Committee. 2014-04-10 House Journal Page 2342 The following fiscal note(s) apply: 1. Fiscal, Office of the Governor 2. Fiscal, Office of the Governor The Governor's transmittal letter dated April 10, 2014, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill that will implement a fixed annual contribution to pay down the past service liability of the Public Employees' Retirement System and Teachers' Retirement System. Enactment of this legislation is contingent upon approval of a $3 billion transfer from the Constitutional Budget Reserve fund into the Retirement System Trust Fund. The annual pension contributions represent the single largest cost driver in the State's operating budget. Current projections estimate that the Public Employees' Retirement System (PERS) and Teachers' Retirement System (TRS) have a combined unfunded liability of $11.9 billion. A $3 billion deposit into the retirement trust funds in the FY 2015 budget will enable the annual State pension contribution to drop to $500 million a year and will increase the funded status of the PERS and TRS systems by 10 percent almost immediately. This deposit will also reflect positively on local government balance sheets. I urge your prompt and favorable action on this measure. Sincerely, /s/ Sean Parnell Governor" THIRD READING OF SENATE BILLS (continued) SB 49 The following was before the House in second reading: 2014-04-10 House Journal Page 2343 HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49(FIN) am H "An Act relating to existing women's health programs; and defining 'medically necessary abortion' for purposes of making payments under the state Medicaid program." Amendment No. 4 was offered by Representatives Tarr and Gara: Page 1, line 1, following "Act" (title amendment): Insert "relating to women's health services and" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 47.07.030 is amended by adding a new subsection to read: (g) The department shall make available to eligible recipients a program for women's health for the purpose of providing family planning services, health screening examinations, and related services." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Page 3, following line 5: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: WOMEN'S HEALTH PROGRAM UNDER STATE MEDICAID. The Department of Health and Social Services shall immediately prepare and submit to the United States Department of Health and Human Services, for approval in accordance with the provisions of 42 U.S.C. 1396a (Title XIX, Social Security Act), an amendment to the state plan consistent with AS 47.07.030(g), enacted by sec. 1 of this Act." Representative Tarr moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Hughes objected. 2014-04-10 House Journal Page 2344 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS SSSB 49(FIN) am H Second Reading Amendment No. 4 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg, Guttenberg, Herron, Holmes, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Munoz, Nageak, Seaton, Tarr, Tuck Nays: Chenault, Costello, Feige, Gattis, Hawker, Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Gruenberg and Munoz: Page 3, lines 2 - 5: Delete all material and insert: "(xxii) another physical disorder, physical injury, or physical illness, including a physical condition arising from the pregnancy, or a psychiatric disorder that places the woman in imminent danger of death if an abortion is not performed." Representative Gruenberg moved and asked unanimous consent that Amendment No. 5 be adopted. Representative LeDoux objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS SSSB 49(FIN) am H Second Reading Amendment No. 5 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 2014-04-10 House Journal Page 2345 Yeas: Austerman, Drummond, Edgmon, Feige, Foster, Gara, Gruenberg, Guttenberg, Herron, Holmes, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Millett, Munoz, Nageak, Seaton, Tarr, Tuck Nays: Chenault, Costello, Gattis, Hawker, Higgins, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson And so, Amendment No. 5 was not adopted. HCS SSSB 49(FIN) am H was automatically in third reading. The Speaker stated that, without objection, HCS SSSB 49(FIN) am H would be held to the April 13, 2014, calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 23 The Speaker stated that, without objection, the following, which was held from the April 9, 2014, calendar (page 2309), would be held to the April 13, 2014, calendar: HOUSE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 49, relating to women's health services and defining "medically necessary abortion" for purposes of making payments under the state Medicaid program. SECOND READING OF HOUSE BILLS (continued) HB 384 The Speaker stated that, without objection, the following, which would advance to third reading on tomorrow's calendar (page 2335), would be held to the April 13, 2014, calendar: HOUSE BILL NO. 384 "An Act increasing the minimum wage; and providing for an effective date." 2014-04-10 House Journal Page 2346 LEGISLATIVE CITATIONS Representative Pruitt moved and asked unanimous consent that the House approve the citations on the calendar. Representative Tarr objected and removed the objection. There being no further objection, the following citations were approved and sent to enrolling: Honoring - Judy Cooper By Representatives Munoz, Kito III, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Egan Honoring - Kim Lauwers, 2013 National High School Co-Coach of the Year By Representatives Costello, Stoltze, Chenault, 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, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Kasilof and Clam Gulch 2014 Iditarod Mushers By Representatives Seaton, 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, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Micciche Honoring - City of Homer at the 50 Year Anniversary of City Incorporation By Representatives Seaton, 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, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Micciche 2014-04-10 House Journal Page 2347 Honoring - Sheila Toomey By Senator Gardner; Representatives Drummond, 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, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Christopher Benshoof By Senator Kelly; 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, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Coach Frank Ostanik By Senator Kelly; 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, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Specialist Adam T. Christensen By Senator Kelly; Representatives Thompson, 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, Tuck, P. Wilson, T. Wilson Honoring - Michael J. O'Leary, Jr., CFA By Senator Meyer; 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 2014-04-10 House Journal Page 2348 Honoring - Taylor Nerland, 2012-13 Cook Inlet Conference Coach of the Year By Senator Meyer; Representatives Stoltze, 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, Tarr, Thompson, Tuck, P. Wilson, T. Wilson Honoring - Abbott-O-Rabbit Majors All-Star Baseball Team, 2013 State Champions By Senator Meyer; 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 Honoring - Monroe High School Boys Basketball Team, 2014 3A State Champions By Senators Kelly, Bishop; 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 Honoring - Kenai Chamber of Commerce and Visitor Center, 60 Years By Senator Micciche; Representatives Olson, 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, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson 2014-04-10 House Journal Page 2349 In Memoriam - Ronald E. Bryant By Representatives Tuck, 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, P. Wilson, T. Wilson In Memoriam - Thomas B. Biss By Representatives Tuck, Holmes, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, P. Wilson, T. Wilson In Memoriam - John and Delores Doogan By Representatives Munoz, Kito III, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Egan In Memoriam - Eileen Kotyk By Representatives Kito III, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senators McGuire, Egan In Memoriam - Beverly Ann Ward By Representatives Munoz, Kito III, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senator Egan 2014-04-10 House Journal Page 2350 In Memoriam - Nathan Dale Bagley By Senator Micciche; Representatives Olson, Seaton, 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, Pruitt, Reinbold, Saddler, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Nikki Marie Fry Geragotelis By Senator Micciche; Representatives Seaton, 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, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson SECOND READING OF HOUSE BILLS (continued) HB 309 The following, which was moved to the bottom of the calendar (page 2334), was read the second time: HOUSE BILL NO. 309 "An Act relating to a craft distillery license." with the: Journal Page L&C RPT CS(L&C) NT 3DP 4NR 2168 FN1: ZERO(CED) 2168 The Speaker stated that, without objection, HB 309 would be held to tomorrow's calendar. HB 336 The Speaker stated that, without objection, the following, which was moved to the bottom of the calendar (page 2334), would be held to tomorrow's calendar: 2014-04-10 House Journal Page 2351 HOUSE BILL NO. 336 "An Act relating to sales of alcoholic beverages near a school or church." 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 Isaacson - from 10:00 a.m. to noon, April 14 Representative Millett - from 6:30 p.m., today to 10:00 a.m., April 15 HB 116 The Speaker removed the Finance Committee referral for the following: 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 116 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 60 Representative Lynn added his name as cosponsor to: HOUSE BILL NO. 60 "An Act adopting and relating to the Uniform Real Property Transfer on Death Act." HB 116 Representative Saddler added his name as cosponsor to: 2014-04-10 House Journal Page 2352 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 160 Representative Austerman added his name as cosponsor to: HOUSE BILL NO. 160 "An Act relating to the licensing and regulation of athletic trainers." SB 56 Representative Guttenberg added his name as cross sponsor to: CS FOR SENATE BILL NO. 56(JUD) "An Act relating to certain crimes involving controlled substances; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published under separate cover. With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 8, 2014. Submit written notice of a meeting by 4:00 p.m. to the Chief Clerk's office for publication in the next day's committee schedule. ADJOURNMENT Representative Pruitt moved and asked unanimous consent that the House adjourn until 10:30 a.m., April 11, 2014. There being no objection, the House adjourned at 6:08 p.m. Suzi Lowell Chief Clerk