Legislature(2015 - 2016)

2016-04-29 House Journal

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2016-04-29                     House Journal                      Page 2587
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-NINTH LEGISLATURE                                                                              
                                                                                                                                
                            SECOND SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Friday                 April 29, 2016                                                        
                                                                                                                                
                        One Hundred Second Day                                                                             
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker Chenault at 11:03 a.m.                                                                 
                                                                                                                                
Roll call showed 32 members present.  Representatives Hawker and                                                                
Thompson had been excused from a call of the House today.                                                                       
Representatives Claman, Pruitt, and Wool were absent.                                                                           
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
Representatives Reinbold, Saddler, and Vazquez be excused from a                                                                
call of the House today.  There being no objection, it was so ordered.                                                          
                                                                                                                                
The invocation was offered by the Chaplain, Representative Ortiz.                                                               
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.                                                                                     
                                                                                                                                
    Dear Father God,                                                                                                            
                                                                                                                                
    I pray that you will help every member of the Alaska State                                                                  
    Legislature to work cooperatively with each other.  Give us                                                                 
    the conviction to start each day, each legislative gathering on                                                             
    the floor, each committee hearing, and each private                                                                         
    conversation in this building to look for the commonalities                                                                 
    that bond us.  May we be united in the desire to do the right                                                               

2016-04-29                     House Journal                      Page 2588
    thing and act in the best long-term interest of every Alaskan;                                                              
    from the newborn to the senior citizen, for those that live as                                                              
    far south as Hyder, as far west as Dutch Harbor, and as far                                                                 
    north as Barrow.  Help us, dear God, to act courageously, to                                                                
    be guided by the Spirit of God and to glorify you with heart                                                                
    and voice.  Keep us from slipping into political divides.  May                                                              
    our thoughts and actions be examples of unity in purpose, not                                                               
    only in what we say but in all that we do.  I ask this for the                                                              
    sake of the people of Alaska, God.  Amen.                                                                                   
                                                                                                                                
The Pledge of Allegiance was led by Representative Josephson.                                                                   
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the 100th and 101st legislative days be approved as                                                                 
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
SB 91                                                                                                                         
The Finance Committee considered:                                                                                               
                                                                                                                                
    CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                                               
    91(FIN) am                                                                                                                  
    "An Act relating to criminal law and procedure; relating to                                                                 
    controlled substances; relating to immunity from prosecution for                                                            
    the crime of prostitution; relating to probation; relating to                                                               
    sentencing; establishing a pretrial services program with pretrial                                                          
    services officers in the Department of Corrections; relating to the                                                         
    publication of suspended entries of judgment on a publicly                                                                  
    available Internet website; relating to permanent fund dividends;                                                           
    relating to electronic monitoring; relating to penalties for                                                                
    violations of municipal ordinances; relating to parole; relating to                                                         
    correctional restitution centers; relating to community work                                                                
    service; relating to revocation, termination, suspension,                                                                   
    cancellation, or restoration of a driver's license; relating to the                                                         
    excise tax on marijuana; establishing the recidivism reduction                                                              
    fund; relating to the Alaska Criminal Justice Commission; relating                                                          

2016-04-29                     House Journal                      Page 2589
    to the disqualification of persons convicted of specified drug                                                              
    offenses from participation in the food stamp and temporary                                                                 
    assistance programs; relating to the duties of the commissioner of                                                          
    corrections; amending Rules 32, 32.1, 38, 41, and 43, Alaska                                                                
    Rules of Criminal Procedure, and repealing Rules 41(d) and (e),                                                             
    Alaska Rules of Criminal Procedure; and providing for an                                                                    
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN)                                                                          
    "An Act relating to civil in rem forfeiture actions; relating to                                                            
    criminal law and procedure; relating to controlled substances;                                                              
    relating to probation; relating to sentencing; relating to treatment                                                        
    program credit for time spent toward service of a sentence of                                                               
    imprisonment; establishing a pretrial services program with                                                                 
    pretrial services officers in the Department of Corrections; relating                                                       
    to permanent fund dividends; relating to electronic monitoring;                                                             
    relating to penalties for violations of municipal ordinances;                                                               
    relating to parole; relating to correctional restitution centers;                                                           
    relating to community work service; relating to revocation,                                                                 
    termination, suspension, cancellation, or restoration of a driver's                                                         
    license; relating to the disqualification of persons convicted of                                                           
    certain felony drug offenses from participation in the food stamp                                                           
    and temporary assistance programs; relating to the duties of the                                                            
    commissioner of corrections; amending Rules 32, 32.1, 38, and                                                               
    43, Alaska Rules of Criminal Procedure; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
    (HCR 32 - title change resolution)                                                                                          
                                                                                                                                
The report was signed by Representatives Neuman and Thompson,                                                                   
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (4):  Gara, Edgmon, Munoz, Thompson                                                                                     
                                                                                                                                
No recommendation (4):  Saddler, Wilson, Gattis, Neuman                                                                         
                                                                                                                                
Amend (3):  Kawasaki, Pruitt, Guttenberg                                                                                        
                                                                                                                                

2016-04-29                     House Journal                      Page 2590
The following fiscal note(s) apply to HCS CSSSSB 91(FIN):                                                                       
                                                                                                                                
Fiscal note(s) forthcoming.                                                                                                     
                                                                                                                                
CSSSSB 91(FIN) am is on today's calendar.                                                                                       
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
SB 196                                                                                                                        
The Conference Committee with limited powers of free conference                                                                 
considering HCS CSSB 196(FIN) and CSSB 196(FIN) recommends                                                                      
the following be adopted:                                                                                                       
                                                                                                                                
    CONFERENCE CS FOR SENATE BILL NO. 196                                                                                       
    "An Act relating to the amount appropriated for power cost                                                                  
    equalization; relating to the use of certain unexpended earnings                                                            
    from the power cost equalization endowment fund; and providing                                                              
    for an effective date."                                                                                                     
                                                                                                                                
The report was signed by Representatives Edgmon (Chair), Saddler,                                                               
Kawasaki; and Senators Hoffman (Chair), MacKinnon, Bishop.                                                                      
                                                                                                                                
The following fiscal note(s) apply to CCS SB 196:                                                                               
                                                                                                                                
1.  Fiscal, Senate Finance Committee/Various Depts.                                                                             
2.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
Representative Millett moved that the House adopt the Conference                                                                
Committee with limited powers of free conference report, thus                                                                   
adopting CCS SB 196, and recommended that the members vote yes.                                                                 
                                                                                                                                
The question being:  "Shall the House adopt the report?"  The roll was                                                          
taken with the following result:                                                                                                
                                                                                                                                
CCS SB 196                                                                                                                      
Adopt                                                                                                                           
                                                                                                                                
YEAS:  32   NAYS:  0   EXCUSED:  5   ABSENT:  3                                                                               
                                                                                                                                
Yeas:  Chenault, Colver, Drummond, Edgmon, Foster, Gara, Gattis,                                                                
Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                               

2016-04-29                     House Journal                      Page 2591
Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak,                                                                     
Neuman, Olson, Ortiz, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                                
Tilton, Tuck, Wilson                                                                                                            
                                                                                                                                
Excused:  Hawker, Reinbold, Saddler, Thompson, Vazquez                                                                          
                                                                                                                                
Absent:  Claman, Pruitt, Wool                                                                                                   
                                                                                                                                
And so, the House adopted CCS SB 196.                                                                                           
                                                                                                                                
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.                                                                                            
                                                                                                                                
CCS SB 196 was referred to the Chief Clerk for engrossment and                                                                  
enrollment.                                                                                                                     
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                    SECOND READING OF SENATE BILLS                                                                           
                                                                                                                                
SB 91                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                                               
    91(FIN) am                                                                                                                  
    "An Act relating to criminal law and procedure; relating to                                                                 
    controlled substances; relating to immunity from prosecution for                                                            
    the crime of prostitution; relating to probation; relating to                                                               
    sentencing; establishing a pretrial services program with pretrial                                                          
    services officers in the Department of Corrections; relating to the                                                         
    publication of suspended entries of judgment on a publicly                                                                  
    available Internet website; relating to permanent fund dividends;                                                           
    relating to electronic monitoring; relating to penalties for                                                                
    violations of municipal ordinances; relating to parole; relating to                                                         
    correctional restitution centers; relating to community work                                                                
    service; relating to revocation, termination, suspension,                                                                   
    cancellation, or restoration of a driver's license; relating to the                                                         
    excise tax on marijuana; establishing the recidivism reduction                                                              

2016-04-29                     House Journal                      Page 2592
    fund; relating to the Alaska Criminal Justice Commission; relating                                                          
    to the disqualification of persons convicted of specified drug                                                              
    offenses from participation in the food stamp and temporary                                                                 
    assistance programs; relating to the duties of the commissioner of                                                          
    corrections; amending Rules 32, 32.1, 38, 41, and 43, Alaska                                                                
    Rules of Criminal Procedure, and repealing Rules 41(d) and (e),                                                             
    Alaska Rules of Criminal Procedure; and providing for an                                                                    
    effective date."                                                                                                            
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 JUD RPT HCS(JUD) NT 6DP 1DNP                                     2323                                                          
 FN9: ZERO(ADM)                                                   2324                                                          
 FN16: ZERO(ADM)                                                  2324                                                          
 FN17: ZERO(ADM)                                                  2324                                                          
 FN18: (COR)                                                      2324                                                          
 FN19: (COR)                                                      2324                                                          
 FN20: ZERO(COR)                                                  2324                                                          
 FN21: (COR)                                                      2324                                                          
 FN22: (COR)                                                      2324                                                          
 FN23: (COR)                                                      2324                                                          
 FN24: (COR)                                                      2324                                                          
 FN25: (DHS)                                                      2324                                                          
 FN26: (DHS)                                                      2324                                                          
 FN27: ZERO(DHS)                                                  2324                                                          
 FN28: (DHS)                                                      2324                                                          
 FN29: ZERO(LAW)                                                  2324                                                          
 FN30: ZERO(DPS)                                                  2324                                                          
 FN31: (DPS)                                                      2324                                                          
 FN32: ZERO(AJS)                                                  2324                                                          
 FN33: (AJS)                                                      2324                                                          
 FIN RPT HCS(FIN) NT 4DP 4NR 3AM                                  2588                                                          
 FN(S) FORTHCOMING                                                2590                                                          
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN)                                                                          
    "An Act relating to civil in rem forfeiture actions; relating to                                                            
    criminal law and procedure; relating to controlled substances;                                                              

2016-04-29                     House Journal                      Page 2593
    relating to probation; relating to sentencing; relating to treatment                                                        
    program credit for time spent toward service of a sentence of                                                               
    imprisonment; establishing a pretrial services program with                                                                 
    pretrial services officers in the Department of Corrections; relating                                                       
    to permanent fund dividends; relating to electronic monitoring;                                                             
    relating to penalties for violations of municipal ordinances;                                                               
    relating to parole; relating to correctional restitution centers;                                                           
    relating to community work service; relating to revocation,                                                                 
    termination, suspension, cancellation, or restoration of a driver's                                                         
    license; relating to the disqualification of persons convicted of                                                           
    certain felony drug offenses from participation in the food stamp                                                           
    and temporary assistance programs; relating to the duties of the                                                            
    commissioner of corrections; amending Rules 32, 32.1, 38, and                                                               
    43, Alaska Rules of Criminal Procedure; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
    (HCR 32 - title change resolution)                                                                                          
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Millett moved and asked unanimous consent that HCS                                                               
CSSSSB 91(FIN) be considered engrossed, advanced to third reading,                                                              
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HCS CSSSSB 91(FIN) will advance to third reading on the May 2,                                                                  
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 - Inge Boyden                                                                                                          
By Representatives LeDoux, Chenault, Claman, Colver, Drummond,                                                                  
Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes,                                                               
Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, Lynn,                                                               
Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler,                                                                  

2016-04-29                     House Journal                      Page 2594
Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck,                                                              
Vazquez, Wilson, Wool; Senator Wielechowski                                                                                     
                                                                                                                                
Honoring - Sean Genson, 2016 Patricia Behring Teacher of the Year                                                               
By Representatives Guttenberg, Chenault, Claman, Colver,                                                                        
Drummond, Edgmon, Foster, Gara, Gattis, 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 - Chugiak and Eagle River, 2016 BP Teachers of Excellence                                                              
By Representatives Tilton, Saddler, Reinbold, 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, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                                
Thompson, Tuck, Vazquez, Wilson, Wool; Senators Stoltze,                                                                        
MacKinnon                                                                                                                       
                                                                                                                                
Honoring - Sara Hannan                                                                                                          
By Senator Egan; Representatives Kito, Munoz, Chenault, Claman,                                                                 
Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg,                                                                     
Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                                   
Kreiss-Tomkins, LeDoux, Lynn, Millett, Nageak, Neuman, Olson,                                                                   
Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
Honoring - Major Burke Barrick                                                                                                  
By Senator Coghill; Representatives Wilson, 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, Wool                                                                           
                                                                                                                                
Honoring - Barrow High School Symphonic Band                                                                                    
By Senator Olson; Representatives Nageak, Chenault, Claman,                                                                     
Colver, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg,                                                                     
Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito,                                                             

2016-04-29                     House Journal                      Page 2595
Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Neuman, Olson,                                                                    
Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico,                                                          
Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                             
                                                                                                                                
In Memoriam - Gloria Fischer Rubenstein                                                                                         
By Representatives Guttenberg, Chenault, Claman, Colver,                                                                        
Drummond, Edgmon, Foster, Gara, Gattis, 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 - David Robert Galla                                                                                                
By Senator Stedman; Representatives Ortiz, 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, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
In Memoriam - Thomas Lee Siekawitch                                                                                             
By Senator Stedman; Representatives Ortiz, 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, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
In Memoriam - Gregory Gene Scheff                                                                                               
By Senator Stedman; Representatives Ortiz, 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, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tuck, Vazquez, Wilson, Wool                                                                                           
                                                                                                                                
                          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:                                                                                

2016-04-29                     House Journal                      Page 2596
Representative Chenault - from 1:00 p.m., April 29 to 10:00 a.m.,                                                               
May 1                                                                                                                           
                                                                                                                                
Representative Olson - from 6:00 a.m., April 30 to 10:00 p.m., May 1                                                            
                                                                                                                                
Representative Millett - from 4:00 p.m., April 29 to 9:00 a.m., May 2                                                           
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of April 6,                                                             
2016.                                                                                                                           
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House adjourn until 1:00 p.m., May 2, 2016.  There being no                                                                     
objection, the House adjourned at 11:25 a.m.                                                                                    
                                                                                                                                
                                           Crystaline Jones                                                                     
                                           Chief Clerk