Legislature(2015 - 2016)
2016-02-01 House Journal
Full Journal pdf2016-02-01 House Journal Page 1533 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday February 1, 2016 Fourteenth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:02 a.m. Roll call showed 36 members present. Representatives Herron and Tuck had been excused from a call of the House today. Representative Millett moved and asked unanimous consent that Representatives Neuman and Tilton be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Tari Stage- Harvey of Shepherd of the Valley Lutheran Church. Representative Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. On behalf of all Alaskans, I offer the following prayer. Gracious and Living God, Kindle in us thankful hearts for all that is good and beautiful in our land and in your servants. We give thanks for the abundant resources surrounding us. We give thanks for your willing servants who seek to use these resources wisely and faithfully. We lift to you all our concerns: help for those affected by the last earthquake and all those who live vulnerable to floods, 2016-02-01 House Journal Page 1534 mudslides, or changing weather patterns. Wholeness for all who are struggling with hunger, unemployment, abuse, and sickness. Wisdom and courage for all faced with difficult decisions. Let your spirit break through the fear of scarcity and the barriers we build between us, and open creative ways to steward the gifts we are given. Remind us to laugh and breathe even in the midst of challenging times. Amen. The Pledge of Allegiance was led by Representative Colver. CERTIFICATION OF THE JOURNAL Representative Millett moved and asked unanimous consent that the journal for the 11th, 12th, and 13th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following were received: Dept. of Administration Division of Finance Compensation and Travel Report of Executive Positions for 2015 Available at: http://doa.alaska.gov/dof/reports/ctep.html (as required by AS 37.05.210) Alaska Commission on Postsecondary Education Dept. of Education & Early Development Dept. of Labor & Workforce Development University of Alaska Alaska Performance Scholarship Outcomes Report 2015 January 29, 2016 (as required by AS 14.43.840) Alaska Criminal Justice Commission Annual Report February 1, 2016 (as required by AS 44.19.647) 2016-02-01 House Journal Page 1535 Dept. of Commerce, Community, & Economic Development Division of Economic Development FY 2015 Annual State Loan Report FY 2015 Annual Report of Reinstatements 2015 Annual Report of Fisheries Enhancement Term Extensions February 1, 2016 (as required by AS 37.05.035, 16.10.350, and 16.10.510) Dept. of Commerce, Community, & Economic Development Division of Insurance Annual Report 2015 (as required by AS 21.06.110) Dept. of Fish & Game Status of Brown Bears and Other Natural Resources in the McNeil River State Game Sanctuary and Refuge in 2015 (as required by AS 16.20.041 and 16.20.162) Dept. of Natural Resources Division of Oil and Gas Five-Year Program of Proposed Oil and Gas Lease Sales January 29, 2016 (as required by AS 38.05.180) INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 287 HOUSE BILL NO. 287 by Representatives Chenault, Olson, Johnson, and Millett, entitled: "An Act relating to the duties and powers of the attorney general; relating to the governor's power to appoint the attorney general to a state board or commission, the governing body of a public corporation, or any other entity that has a governing body; requesting that the governor replace the attorney general on the Alaska Permanent Fund Corporation board; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 2016-02-01 House Journal Page 1536 HB 288 HOUSE BILL NO. 288 by Representative Tuck, entitled: "An Act relating to the employment rights of employees in the state who are members of the National Guard of another state, territory, or district of the United States." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 289 HOUSE BILL NO. 289 by Representative LeDoux, entitled: "An Act relating to the membership of the Board of Barbers and Hairdressers." was read the first time and referred to the Labor & Commerce Committee. HB 290 HOUSE BILL NO. 290 by the House Labor and Commerce Committee, entitled: "An Act extending the termination date of the Real Estate Commission; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 291 HOUSE BILL NO. 291 by Representative Drummond, entitled: "An Act repealing the authority of the commissioner of fish and game to adopt regulations permitting residents of Yukon, Canada, to receive fishing licenses and anadromous king salmon tags for the same fees charged to Alaska residents." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. 2016-02-01 House Journal Page 1537 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 126 The following was read the second time: HOUSE BILL NO. 126 "An Act relating to the administration of military justice; relating to the adoption of a code of military justice by the adjutant general; relating to the authority of the adjutant general; relating to appeals of convictions and sentences of courts-martial; establishing the Military Appeals Commission; relating to the detention and incarceration of members of the militia; relating to the jurisdiction of the court of appeals; relating to involuntary commitment for evaluation or treatment of a mental disease or defect before court-martial proceedings; and providing for an effective date." with the: Journal Page MLV RPT CS(MLV) NT 3DP 4AM 658 FN1: ZERO(COR) 659 FN2: ZERO(DHS) 659 FN3: (AJS) 659 FN4: (MVA) 659 JUD RPT CS(JUD) NT 7DP 1493 FN5: ZERO(COR) 1494 FN6: ZERO(DHS) 1494 FN7: ZERO(AJS) 1494 FN8: ZERO(MVA) 1494 Representative Millett moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 126(JUD) "An Act relating to the administration of military justice; relating to the adoption of regulations by the adjutant general; relating to the authority of the adjutant general; relating to appeals of convictions and sentences of courts-martial; establishing the 2016-02-01 House Journal Page 1538 Military Appeals Commission; relating to the detention and incarceration of members of the militia; relating to the jurisdiction of the supreme court over petitions from the Military Appeals Commission; relating to involuntary commitment for evaluation or treatment of a mental disease or defect before court-martial proceedings; relating to offenses subject to court-martial proceedings; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date." There being no objection, it was so ordered. Representative Millett moved and asked unanimous consent that CSHB 126(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 126(JUD) will advance to third reading on the February 3, 2016, calendar. LEGISLATIVE CITATIONS Representative Millett 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 - Barbara Nore By Representatives Wilson, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss- Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wool Honoring - Patrick M. Coullahan By Senators Meyer, Wielechowski; Representatives Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, 2016-02-01 House Journal Page 1539 Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool In Memoriam - William Jonathan Lyon By Senator Gardner; Representatives Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool In Memoriam - Charles "Bud" Cassidy By Senator Stevens; Representatives Stutes, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool In Memoriam - Patricia Ellen Simeonoff By Senator Stevens; Representatives Stutes, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool In Memoriam - Thorvold L. Olsen By Senator Stevens; Representatives Stutes, LeDoux, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool UNFINISHED BUSINESS HB 278 The Speaker added a Labor & Commerce Committee referral for the following: 2016-02-01 House Journal Page 1540 HOUSE BILL NO. 278 "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination." HB 278 is in the Health & Social Services Committee. CONCUR IN SENATE AMENDMENTS HB 11 Representative Millett moved and asked unanimous consent that the House consider the Senate message (page 1516) on the following: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 11(JUD) am "An Act restricting the publication of certain records of criminal cases on a publicly available Internet website; and providing for an effective date." and CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 11(JUD) am(efd am S) (same title) There being no objection, it was so ordered. Representative Millett moved that the House concur in the Senate amendment to CSSSHB 11(JUD) am, thus adopting CSSSHB 11 (JUD) am(efd am S), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSSSHB 11(JUD) am?" The roll was taken with the following result: CSSSHB 11(JUD) am(efd am S) Effective Date Concur YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 2016-02-01 House Journal Page 1541 Yeas: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Vazquez, Wilson, Wool Excused: Herron, Neuman, Tilton, Tuck And so, the House concurred in the Senate amendment. Representative Millett 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. The Chief Clerk notified the Senate. CSSSHB 11(JUD) am(efd am S) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Millett 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 Pruitt - from 6:45 p.m., February 4 to 10:00 p.m., February 7 Representative Claman - from 5:00 p.m., February 5 to noon, February 8 Representative Gara - from 8:00 p.m., February 5 to 9:30 a.m., February 8 Representative Olson - from 7:00 a.m., February 2 to 11:00 p.m., February 3 HB 11 Representative Kawasaki added as a cosponsor to: 2016-02-01 House Journal Page 1542 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 11(JUD) am(efd am S) "An Act restricting the publication of certain records of criminal cases on a publicly available Internet website; and providing for an effective date." HB 77 Representative Millett added as a cosponsor to: HOUSE BILL NO. 77 "An Act relating to training regarding disabilities for police officers, probation officers, parole officers, correctional officers, and village public safety officers; relating to guidelines for drivers when encountering or being stopped by a peace officer; relating to driver's license examinations; and relating to a voluntary disability designation on a state identification card and a driver's license." HB 188 Representative Millett added as a cosponsor to: HOUSE BILL NO. 188 "An Act relating to financial accounts for persons with disabilities; relating to financial institutions; relating to property exemptions; relating to securities; and providing for an effective date." HB 211 Representative Munoz added as a cosponsor to: HOUSE BILL NO. 211 "An Act relating to retirement incentives for members of the defined benefit plan of the Teachers' Retirement System of Alaska and the defined benefit plan of the Public Employees' Retirement System of Alaska; and providing for an effective date." HB 216 Representative Keller added as a cosponsor to: 2016-02-01 House Journal Page 1543 HOUSE BILL NO. 216 "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act." HB 226 Representative Munoz added as a cosponsor to: HOUSE BILL NO. 226 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." HB 282 Representative Millett added as a cosponsor to: HOUSE BILL NO. 282 "An Act relating to the board of directors of the Alaska Gasline Development Corporation; adding legislators as nonvoting members of the board of directors of the Alaska Gasline Development Corporation; and providing for an effective date." HB 284 Representative Kito added as a cosponsor to: HOUSE BILL NO. 284 "An Act relating to social media privacy of employees and applicants for employment; and providing for an effective date." HB 285 Representative Kito added as a cosponsor to: HOUSE BILL NO. 285 "An Act relating to schools, school districts, correspondence programs, private schools, and the employees of those schools, districts, and programs; relating to student social media privacy; relating to postsecondary educational institutions; and providing for an effective date." 2016-02-01 House Journal Page 1544 ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Millett moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 3, 2016. There being no objection, the House adjourned at 11:42 a.m. Crystaline Jones Chief Clerk