Legislature(2015 - 2016)
2016-04-05 House Journal
Full Journal pdf2016-04-05 House Journal Page 2049 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Tuesday April 5, 2016 Seventy-eighth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:04 a.m. Roll call showed 39 members present. Representative Hawker had been excused from a call of the House today. The invocation was offered by the Chaplain, the Reverend Gordon Blue of Holy Trinity Episcopal Church. Representative 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. Eternal God, fountain of wisdom; by your word all things were created, without your word not one thing is made. This teaches that nothing is so difficult, O Lord, as to reconcile the paths of old with the ways that are new, yet in difficult times this is what we are called upon to do. Bless this House and inspire them, Lord, Lead us, O Lord, in your righteousness, because of those who lie in wait; make your way straight before us. (Ps. 5:8) Creator God, you have filled the world with your grace: mercifully look upon the efforts of the Alaska House and guide them. Refresh them with the beauty of your creation, fill their hearts 2016-04-05 House Journal Page 2050 with gladness in their work together, and let that work be a blessing of the people and a gift to the future generations of Alaskans. Amen. The Pledge of Allegiance was led by Representative Tuck. CERTIFICATION OF THE JOURNAL Representative Millett moved and asked unanimous consent that the journal for the 77th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES The Finance Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Laraine Derr as a member of the Alaska Mental Health Trust Authority Board of Trustees. The report was signed by Representatives Neuman and Thompson, Co-chairs; and Representatives Saddler, Kawasaki, Pruitt, Wilson, Gara, Guttenberg, Gattis, Edgmon, and Munoz. The State Affairs Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Dean Williams as the Commissioner of the Department of Corrections. Keith Hamilton as a member of the Personnel Board. 2016-04-05 House Journal Page 2051 Brad Reich as a member of the Alaska Police Standards Council. The report was signed by Representative Lynn, Chair; and Representatives Spohnholz, Stutes, Keller, Talerico, Vazquez, and Kreiss-Tomkins. HCR 21 The Health & Social Services Committee considered: HOUSE CONCURRENT RESOLUTION NO. 21 Urging Governor Bill Walker to join with the Alaska State Legislature to respond to the public and behavioral health epidemic of adverse childhood experiences by establishing a statewide policy and providing programs to address this epidemic. The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (4): Tarr, Foster, Wool, Seaton The following fiscal note(s) apply: 1. Zero, House Health & Social Services Committee HCR 21 was referred to the Finance Committee. HJR 29 The Judiciary Committee considered: HOUSE JOINT RESOLUTION NO. 29 Requesting the United States Congress to call a convention of the states to propose an amendment to the Constitution of the United States to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives and as a member of the United States Senate; and urging the legislatures of the other 49 states to request the United States Congress to call a convention of the states. 2016-04-05 House Journal Page 2052 The report was signed by Representative LeDoux, Chair, with the following individual recommendations: Do pass (1): LeDoux No recommendation (3): Millett, Lynn, Claman The following fiscal note(s) apply: 1. Zero, Legislative Agency HJR 29 was referred to the Rules Committee for placement on the calendar. HB 156 The Finance Committee considered: HOUSE BILL NO. 156 "An Act relating to compliance with federal education laws; relating to public school accountability; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 156(EDC) "An Act relating to the duties of the Department of Education and Early Development and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; relating to a statewide assessment plan and review of education laws and regulations; and providing for an effective date." The report was signed by Representative Thompson, Co-chair, with the following individual recommendations: Do pass (3): Wilson, Gattis, Thompson Do not pass (1): Kawasaki No recommendation (4): Saddler, Pruitt, Edgmon, Munoz 2016-04-05 House Journal Page 2053 Amend (1): Guttenberg The following fiscal note(s) apply to CSHB 156(EDC): 1. Indeterminate, Dept. of Education & Early Development HB 156 was referred to the Rules Committee for placement on the calendar. HB 209 The Finance Committee considered: HOUSE BILL NO. 209 "An Act relating to an Alaska Water and Sewer Advisory Committee; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 209(FIN) (same title) The report was signed by Representative Thompson, Co-chair, with the following individual recommendations: Do pass (7): Saddler, Kawasaki, Guttenberg, Gattis, Edgmon, Munoz, Thompson The following fiscal note(s) apply to CSHB 209(FIN): 1. Zero, Legislative Agency HB 209 was referred to the Rules Committee for placement on the calendar. HB 254 The Finance Committee considered: HOUSE BILL NO. 254 "An Act extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." 2016-04-05 House Journal Page 2054 The report was signed by Representatives Neuman and Thompson, Co-chairs, with the following individual recommendations: Do pass (6): Gara, Guttenberg, Gattis, Edgmon, Munoz, Thompson No recommendation (4): Saddler, Pruitt, Wilson, Neuman Amend (1): Kawasaki The following fiscal note(s) apply: 2. Fiscal, Dept. of Commerce, Community, & Economic Development HB 254 was referred to the Rules Committee for placement on the calendar. HB 266 The Resources Committee considered: HOUSE BILL NO. 266 "An Act relating to the authority of the Board of Game to adopt, amend, or repeal certain regulations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 266(RES) (same title) The report was signed by Representatives Talerico and Nageak, Co- chairs, with the following individual recommendations: Do pass (2): Talerico, Nageak Do not pass (1): Josephson No recommendation (6): Johnson, Herron, Chenault (alternate), Olson, Tarr. Seaton 2016-04-05 House Journal Page 2055 The following fiscal note(s) apply to CSHB 266(RES): 1. Fiscal, Dept. of Fish & Game 2. Fiscal, Dept. of Fish & Game HB 266 was referred to the Rules Committee for placement on the calendar. HB 317 The Judiciary Committee considered: HOUSE BILL NO. 317 "An Act relating to forfeiture to the state; relating to criminal law; amending Rules 3, 4, 11, 12, 16, 32, 32.2, 32.3, 39, 39.1, and 42, Alaska Rules of Criminal Procedure, Rules 501, 801, and 803, Alaska Rules of Evidence, and Rules 202, 209, and 217, Alaska Rules of Appellate Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 317(JUD) "An Act relating to civil in rem forfeiture actions; and providing for an effective date." The report was signed by Representative LeDoux, Chair, with the following individual recommendations: Do pass (4): Kreiss-Tomkins, Lynn, Claman, LeDoux The following fiscal note(s) apply to CSHB 317(JUD): 1. Fiscal, Dept. of Law 2. Indeterminate, Dept. of Public Safety HB 317 was referred to the Finance Committee. SB 32 The Resources Committee considered: 2016-04-05 House Journal Page 2056 CS SENATE BILL NO. 32(RES) "An Act relating to the sale of timber on state land; and providing for an effective date." and recommends it be replaced with: HCS CS FOR SENATE BILL NO. 32(RES) (same title) The report was signed by Representatives Talerico and Nageak, Co- chairs, with the following individual recommendations: Do pass (5): Johnson, Chenault (alternate), Olson, Talerico, Nageak No recommendation (4): Josephson, Herron, Seaton, Tarr The following fiscal note(s) apply to HCS CSSB 32(RES): 2. Zero, Dept. of Natural Resources CSSB 32(RES) was referred to the Finance Committee. SB 125 The Labor & Commerce Committee considered: CS FOR SENATE BILL NO. 125(RES) "An Act adding legislative nonvoting members to the board of directors of the Alaska Gasline Development Corporation." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 125(RES) "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." (HCR 28 - title change resolution) 2016-04-05 House Journal Page 2057 The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (1): Olson Do not pass (2): Kito, Josephson No recommendation (4): LeDoux, Tilton, Colver, Hughes The following fiscal note(s) apply to HCS CSSB 125(RES): 2. Zero, Dept. of Commerce, Community, & Economic Development CSSB 125(RES) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dona Helmer, 2015 School Librarian of the Year By Representatives Pruitt, Josephson Honoring - Queen and King Louella and Fred Hupprich By Representative Kawasaki; Senator Kelly Honoring - Del Juan X. Avila, Alaska Air National Guardsman of the Year By Representative LeDoux; Senator Wielechowski Honoring - James Harris, 2015 BP Teachers of Excellence Award By Representative Olson; Senator Micciche Honoring - Matthew Widaman, 2015 BP Teachers of Excellence Award By Representative Olson; Senator Micciche Honoring - Neil Alexander Moss By Representatives Gattis, Tilton, Hughes, Colver, Neuman, Keller; Senators Huggins, Dunleavy, Stoltze 2016-04-05 House Journal Page 2058 Honoring - Bob Hajdukovich, 2016 UAF Business Leader of the Year By Representatives Kawasaki, Thompson Honoring - St. Mary's Episcopal Church By Representatives Josephson, Drummond Honoring - 2015 UAA Women's Volleyball Team By Representative Josephson Honoring - The Fairbanks Four By Representatives Kawasaki, Guttenberg Honoring - Older Americans Month 2016 By Representatives Kawasaki, Wool Honoring - Alaska Federation of Natives 50th Anniversary By Representatives Kawasaki, Edgmon Honoring - Soldotna High School Football Team, 2015 Medium School State Champions By Representative Olson; Senator Micciche Honoring - The Alaska State Troopers, 75 Years Protecting the People of Alaska By Representative Neuman; Senator Bishop Honoring - The Tatsuda Family By Representative Ortiz; Senator Stedman Honoring - Susan Drathman By Senator Stevens; Representative Seaton Honoring - Larry DeVilbiss By Senators Stoltze, Huggins; Representatives Hughes, Tilton Honoring - Interior Alaska Wolverines, 18U Tier III Hockey Team, Alaska State Competitive Championship By Senator Dunleavy; Representative Colver Honoring - Mat-Su Regional Medical Center on Ten Years of Service By Senator Stoltze; Representatives Hughes, Tilton 2016-04-05 House Journal Page 2059 In Memoriam - Edward Voke, M.D. By Representative Josephson In Memoriam - Artis Flanagan, Jr. By Representative Kawasaki In Memoriam - Margaret E. Von Wichman By Representative Olson; Senator MacKinnon In Memoriam - Roy Allen Roth By Senator Stoltze; Representatives Hughes, Tilton In Memoriam - Walter John Gilmour By Senators Stoltze, McGuire In Memoriam - Thomas and Maxine McKinley By Senators Stoltze, MacKinnon; Representatives Saddler, Reinbold, Tilton In Memoriam - Charles Michael Reader By Senator Olson; Representative Foster 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 - Isabella Weiss, 2016 Spirit of Community Award By Representatives Hughes, Gattis, Tilton, Neuman, Keller, Colver, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Guttenberg, Hawker, Herron, Johnson, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Vazquez, Wilson, Wool; Senators Stoltze, Dunleavy, Huggins Honoring - Blaine Sharrock and Johnathan Stephens and the 2015-2016 All Cook Inlet Conference Boys Hockey Team By Representatives Millett, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes, 2016-04-05 House Journal Page 2060 Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool; Senator Meyer Honoring - Michael Martinez By Senators Meyer, Giessel; Representatives Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool Honoring - Valdez High School Academic Decathlon Team By Senator Dunleavy; Representatives Colver, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool In Memoriam - Ellen L. Whitcher By Representatives Kawasaki, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool; Senator Kelly UNFINISHED BUSINESS HB 266 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 266 "An Act relating to the authority of the Board of Game to adopt, amend, or repeal certain regulations." HB 266 was removed from the Rules Committee and referred to the Finance Committee. 2016-04-05 House Journal Page 2061 CONCUR IN SENATE AMENDMENTS HB 75 Representative Millett moved and asked unanimous consent that the House consider the Senate message (page 1839) on the following: CS FOR HOUSE BILL NO. 75(JUD) am "An Act relating to the registration of marijuana establishments by municipalities; relating to the definition of 'marijuana'; clarifying standards for personal use of marijuana by persons 21 years of age or older; prohibiting the public consumption of marijuana; authorizing the registration of marijuana clubs; relating to established villages and to local option elections regarding the operation of marijuana establishments; and providing for an effective date." and 2d SENATE CS FOR CS FOR HOUSE BILL NO. 75(RLS) "An Act relating to background checks for persons applying to operate marijuana establishments; relating to possessing, using, displaying, purchasing, growing, processing, transporting, and transferring marijuana; relating to assisting another person 21 years of age or older in activities related to marijuana; relating to established villages and to local option elections regarding the operation of marijuana establishments; and providing for an effective date." (SCR 14 - title change resolution) There being no objection, it was so ordered. Representative Millett moved that the House concur in the Senate amendment to CSHB 75(JUD) am, thus adopting 2d SCS CSHB 75(RLS), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 75(JUD) am?" The roll was taken with the following result: 2016-04-05 House Journal Page 2062 2D SCS CSHB 75(RLS) Concur YEAS: 0 NAYS: 39 EXCUSED: 1 ABSENT: 0 Nays: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool Excused: Hawker And so, the House failed to concur in the Senate amendment. The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Tilton, Chair Representative Millett Representative Drummond HB 256 Representative Millett moved and asked unanimous consent that the House consider the Senate message (page 1840) on the following: CS FOR HOUSE BILL NO. 256(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; repealing appropriations; making supplemental appropriations; and providing for an effective date." and 2016-04-05 House Journal Page 2063 SENATE CS FOR CS FOR HOUSE BILL NO. 256(FIN) (same title) There being no objection, it was so ordered. Representative Millett moved that the House concur in the Senate amendment to CSHB 256(FIN), thus adopting SCS CSHB 256(FIN), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 256(FIN)?" The roll was taken with the following result: SCS CSHB 256(FIN) Concur YEAS: 0 NAYS: 39 EXCUSED: 1 ABSENT: 0 Nays: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool Excused: Hawker And so, the House failed to concur in the Senate amendment. The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Neuman, Chair Representative Thompson Representative Gara The Speaker stated that Uniform Rule 23(d) will be in effect when the Senate appoints members to the Conference Committee. 2016-04-05 House Journal Page 2064 HB 257 Representative Millett moved and asked unanimous consent that the House consider the Senate message (page 1840) on the following: CS FOR HOUSE BILL NO. 257(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; making supplemental appropriations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 257(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." (SCR 21 - title change resolution) There being no objection, it was so ordered. Representative Millett moved that the House concur in the Senate amendment to CSHB 257(FIN), thus adopting SCS CSHB 257(FIN), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 257(FIN)?" The roll was taken with the following result: SCS CSHB 257(FIN) Concur YEAS: 0 NAYS: 39 EXCUSED: 1 ABSENT: 0 Nays: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool 2016-04-05 House Journal Page 2065 Excused: Hawker And so, the House failed to concur in the Senate amendment. The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Neuman, Chair Representative Thompson Representative Gara UNFINISHED BUSINESS HB 156 Representatives Colver and Wilson added as cosponsors to: HOUSE BILL NO. 156 "An Act relating to compliance with federal education laws; relating to public school accountability; and providing for an effective date." HB 236 Representatives LeDoux, Hughes, and Saddler added as cosponsors to: HOUSE BILL NO. 236 "An Act relating to marriage solemnization." HB 298 Representative Saddler added as a cosponsor to: HOUSE BILL NO. 298 "An Act relating to school districts; and relating to layoff plans for tenured teachers." 2016-04-05 House Journal Page 2066 HB 347 Representative LeDoux added as a cosponsor to: HOUSE BILL NO. 347 "An Act relating to the limitation period to commence a false claims action; relating to recovery for false claims for state or municipal funds; and amending Rules 4, 24, and 46, Alaska Rules of Civil Procedure." HB 352 Representative Lynn added as a cosponsor to: HOUSE BILL NO. 352 "An Act relating to disciplinary sanctions imposed by the State Medical Board; restricting employees and representatives of abortion services providers, and affiliates of abortion services providers, from delivering instruction or distributing materials in public schools and providing civil penalties for violations; relating to revocation or suspension of teacher certificates; relating to the receipt of state funds by teachers and school board members; and providing for an effective date." SB 1 Representative Talerico added as a cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1(FIN) "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Millett moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 6, 2016. There being no objection, the House adjourned at 11:43 a.m. Crystaline Jones Chief Clerk