Legislature(2015 - 2016)

2016-02-08 House Journal

Full Journal pdf

2016-02-08                     House Journal                      Page 1595
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                         TWENTY-NINTH LEGISLATURE                                                                            
                                                                                                                                
                              SECOND SESSION                                                                                 
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday               February 8, 2016                                                       
                                                                                                                                
                             Twenty-first Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:15 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
Roll call showed 39 members present.  Representative Foster had been                                                            
excused from a call of the House today.                                                                                         
                                                                                                                                
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Dr. Phil                                                               
Campbell of Northern Light United Church.  Representative                                                                       
Gruenberg moved and asked unanimous consent that the invocation be                                                              
spread on the journal.  There being no objection, it was so ordered.                                                            
                                                                                                                                
                                                                                                                                
     Gracious Creator of all that is, make your presence known to                                                               
     those gathered in the chamber this day.  Keep them mindful of                                                              
     the great purposes of justice and equity.  Grant them                                                                      
     attentiveness in listening and clarity in communication that                                                               
     their discussions and deliberations will bear the fruits of                                                                
     wisdom and compassion.  Bring to their awareness the needs                                                                 
     of all the people in this great state that they might serve them                                                           
     with insight and integrity, seeking, in all things, the common                                                             
     good.  In the name of all that is holy, I pray.  Amen.                                                                     
                                                                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Guttenberg.                                                                  
                                                                                                                                

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                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the 18th, 19th, and 20th legislative days be approved as                                                            
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Stutes introduced Grace Neff, Guest Page, from                                                                   
Kodiak.                                                                                                                         
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Alaska Housing Finance Corporation                                                                                              
2015 Annual Report                                                                                                              
Available at:  http://reporttoalaskans2015.us/                                                                                
(as required by AS 18.56.200)                                                                                                   
                                                                                                                                
Alaska Seafood Marketing Institute                                                                                              
2015 Annual Report                                                                                                              
Available at:                                                                                                                   
http://ebooks.alaskaseafood.org/ASMI_Annual_Report_2015/                                                                      
(as required by AS 16.51.100)                                                                                                   
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Joe Griffith                                                                                                         
By Representative Millett; Senator Costello                                                                                     
                                                                                                                                
Honoring - Fire Chief Warren B. Cummings                                                                                        
By Representative Thompson                                                                                                      
                                                                                                                                
Honoring - AWARE's 2016 Women of Distinction                                                                                    
By Representatives Kito, Munoz; Senator Egan                                                                                    
                                                                                                                                

2016-02-08                     House Journal                      Page 1597
Honoring - Dimond High School Lynx, 2015 Girls Volleyball 4A                                                                    
State Champions                                                                                                                 
By Senator Costello                                                                                                             
                                                                                                                                
Honoring - Dimond High School Lynx, 2015 Boys Swimming and                                                                      
Diving State Champions                                                                                                          
By Senator Costello; Representative Vazquez                                                                                     
                                                                                                                                
Honoring - Dimond High School Lynx, 2015 Girls Swimming and                                                                     
Diving State Champions                                                                                                          
By Senator Costello; Representative Vazquez                                                                                     
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HCR 23                                                                                                                        
HOUSE CONCURRENT RESOLUTION NO. 23 by the House Rules                                                                           
Committee:                                                                                                                      
                                                                                                                                
     Suspending Rule 23(a), Uniform Rules of the Alaska State                                                                   
     Legislature, relating to measures in possession of standing                                                                
     committees and special committees of the Alaska House of                                                                   
     Representatives, and Rules 20, 21(c), and 24(a),  Uniform Rules                                                            
     of the Alaska State Legislature, restricting committee meetings of                                                         
     the Alaska House of Representatives to measures that                                                                       
     substantially relate to and have as their primary purpose                                                                  
     appropriating, raising, or allocating state revenue, until the Alaska                                                      
     House of Representatives passes a state operating budget.                                                                  
                                                                                                                                
was read the first time and taken up later as a Special Order of                                                                
Business.                                                                                                                       
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 303                                                                                                                        
HOUSE BILL NO. 303 by Representative Millett, entitled:                                                                         
                                                                                                                                
     "An Act relating to the Alaska Permanent Fund Corporation, the                                                             
     earnings of the Alaska permanent fund, and the earnings reserve                                                            

2016-02-08                     House Journal                      Page 1598
     account; relating to the mental health trust fund; relating to                                                             
     deposits into the dividend fund; and providing for an effective                                                            
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
HB 304                                                                                                                        
HOUSE BILL NO. 304 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act requiring the electronic submission of a tax return or                                                             
     report with the Department of Revenue; relating to the taxes on                                                            
     cigarettes and tobacco products; taxing electronic smoking                                                                 
     products; adding a definition of 'electronic smoking product'; and                                                         
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
The Governor's transmittal letter dated February 5, 2016, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to the taxes on cigarettes                                                      
and tobacco products; and taxing electronic smoking devices.                                                                    
                                                                                                                                
Smoking technology has advanced beyond single use paper-rolled                                                                  
cigarettes to include multiple use electronic smoking devices.                                                                  
Therefore, our tobacco tax statutes (AS 43.50 Cigarette Tax Act)                                                                
should be revised to include this new smoking device as taxable.                                                                
                                                                                                                                
To further update our outdated tobacco tax structure, I propose to                                                              
amend the additional tax levy on cigarettes - which has not been                                                                
raised since 2007 - from 62 mills to 112 mills. I also propose                                                                  
increasing the tax rate on tobacco products (other than cigarettes) from                                                        

2016-02-08                     House Journal                      Page 1599
75 percent of the wholesale price to 100 percent of the wholesale                                                               
price. These reasonable adjustments will bring our tax structure up to                                                          
date and are expected to generate additional revenue of approximately                                                           
$29,000,000 annually.                                                                                                           
                                                                                                                                
To increase administrative efficiency for the Department of Revenue                                                             
and state taxpayers, the bill would require the electronic submission of                                                        
tax returns with an exemption available upon request.                                                                           
                                                                                                                                
The bill is an integral component of the New Sustainable Alaska Plan                                                            
to provide a balanced and sustainable budget for Alaska's long-term                                                             
fiscal stability.                                                                                                               
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"                                                                                                                       
                                                                                                                                
HB 305                                                                                                                        
HOUSE BILL NO. 305 by Representative Gattis, entitled:                                                                          
                                                                                                                                
     "An Act relating to yoga training programs; and relating to an                                                             
     exemption from the regulation of postsecondary educational                                                                 
     institutions."                                                                                                             
                                                                                                                                
was read the first time and referred to the Education Committee.                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY 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 - Rebecca Carrillo                                                                                                     
By Representatives Munoz, Kito, Chenault, Claman, Colver,                                                                       
Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg,                                                                  

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Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                                   
Kreiss-Tomkins, LeDoux, Lynn, Millett, Nageak, Neuman, Olson,                                                                   
Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson,                                                               
Tilton, Tuck, Vazquez, Wilson, Wool; Senator Egan                                                                               
                                                                                                                                
Honoring - Fred John                                                                                                            
By Representatives Ortiz, 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,                                                                   
Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton,                                                              
Tuck, Vazquez, Wilson, Wool; Senator Stedman                                                                                    
                                                                                                                                
                           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 Hughes - from 8:30 a.m., February 11 to 10:00 a.m.,                                                              
February 12                                                                                                                     
                                                                                                                                
Representative LeDoux - from 12:30 p.m., February 12 to 10:30 p.m.,                                                             
February 15                                                                                                                     
                                                                                                                                
Representative Herron - from noon, February 12 to 1:00 p.m.,                                                                    
February 16                                                                                                                     
                                                                                                                                
Representative Colver - from 1:00 p.m., February 12 to 10:00 p.m.,                                                              
February 14                                                                                                                     
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Judiciary Committee                                                                                                             
HJR 19 bill hearing CANCELED                                                                                                    
                                                                                                                                
Resources Committee                                         CANCELED                                                            
                                                                                                                                

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Labor & Commerce Committee                                  CANCELED                                                            
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
HCR 23                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
following be taken up as a Special Order of Business:                                                                           
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 23                                                                                         
     Suspending Rule 23(a), Uniform Rules of the Alaska State                                                                   
     Legislature, relating to measures in possession of standing                                                                
     committees and special committees of the Alaska House of                                                                   
     Representatives, and Rules 20, 21(c), and 24(a),  Uniform Rules                                                            
     of the Alaska State Legislature, restricting committee meetings of                                                         
     the Alaska House of Representatives to measures that                                                                       
     substantially relate to and have as their primary purpose                                                                  
     appropriating, raising, or allocating state revenue, until the Alaska                                                      
     House of Representatives passes a state operating budget.                                                                  
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                                
The Speaker stated that, without objection, the House would recess                                                              
until 12:30 p.m.; and so, the House recessed at 11:45 a.m.                                                                      
                                                                                                                                
                               AFTER RECESS                                                                                  
                                                                                                                                
The Speaker called the House back to order at 1:19 p.m.                                                                         
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                               (continued)                                                                                     
                                                                                                                                
HCR 23                                                                                                                        
HCR 23 was before the House as a special order of business.                                                                     
                                                                                                                                
Amendment No. 1 was offered by Representatives Johnson,                                                                         
Gruenberg, Neuman, and Thompson:                                                                                                
                                                                                                                                
Page 1, line 7, following "state operating budget" (title amendment):                                                         
 Insert "to the Alaska Senate"                                                                                                
                                                                                                                                

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Page 1, line 13, following "a state operating budget":                                                                          
 Insert "to the Alaska Senate"                                                                                                  
                                                                                                                                
Page 2, line 8, following "a state operating budget":                                                                           
 Insert "to the Alaska Senate"                                                                                                  
                                                                                                                                
Representative Gruenberg moved and asked unanimous consent that                                                                 
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered, and the new title follows:                                                                                             
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 23 am                                                                                      
     Suspending Rule 23(a), Uniform Rules of the Alaska State                                                                   
     Legislature, relating to measures in possession of standing                                                                
     committees and special committees of the Alaska House of                                                                   
     Representatives, and Rules 20, 21(c), and 24(a),  Uniform Rules                                                            
     of the Alaska State Legislature, restricting committee meetings of                                                         
     the Alaska House of Representatives to measures that                                                                       
     substantially relate to and have as their primary purpose                                                                  
     appropriating, raising, or allocating state revenue, until the Alaska                                                      
     House of Representatives passes a state operating budget to the                                                            
     Alaska Senate.                                                                                                             
                                                                                                                                
Amendment No. 2 was offered by Representatives Tuck and Chenault:                                                               
                                                                                                                                
Page 2, line 4, following "and the":                                                                                            
 Insert "Speaker of the"                                                                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
The question being:  "Shall HCR 23 am pass the House?"  The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
HCR 23 am                                                                                                                       
Special Order of Business                                                                                                       
                                                                                                                                
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Gara, Gattis,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Kawasaki,                                                               
Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                     

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Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton,                                                                
Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson,                                                                
Wool                                                                                                                            
                                                                                                                                
Nays:  Josephson                                                                                                                
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, HCR 23 am passed the House and was referred to the Chief                                                                
Clerk for engrossment.                                                                                                          
                                                                                                                                
                               ENGROSSMENT                                                                                   
                                                                                                                                
HCR 23                                                                                                                        
HCR 23 am was engrossed, signed by the Speaker and Chief Clerk,                                                                 
and transmitted to the Senate for consideration.                                                                                
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Finance Committee                                                                                                               
CHANGED TO:                                15 minutes after adjournment                                                         
                                                                                                                                
Judiciary Committee                                                                                                             
CHANGED TO:                                20 minutes after adjournment                                                         
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House adjourn until 10:30 a.m., February 10, 2016.  There being no                                                              
objection, the House adjourned at 2:13 p.m.                                                                                     
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk