Legislature(2017 - 2018)

2017-01-23 House Journal

Full Journal pdf

2017-01-23                     House Journal                      Page 0079
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                          THIRTIETH LEGISLATURE                                                                              
                                                                                                                                
                              FIRST SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday               January 23, 2017                                                       
                                                                                                                                
                               Seventh Day                                                                                 
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:02 a.m.                                                                                                            
                                                                                                                                
Roll call showed 38 members present.                                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representatives Claman and Johnston be excused from a call of the                                                               
House until plane time today.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
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, it has pleased you to                                                                     
     provide abundantly for us from this great land. It has pleased                                                             
     you to make us to be many peoples, but of one blood; you                                                                   
     have given us the strength of many cultures. Spirit of justice,                                                            
     creator Spirit, help this House to preserve our many cultures                                                              
     and bring us also to be of one mind. We give you thanks and                                                                
     praise for this great land, and for what has been achieved by                                                              
     past legislatures.                                                                                                         
                                                                                                                                

2017-01-23                     House Journal                      Page 0080
     We remember the words of the elders, Happy are they who                                                                    
     consider the poor and needy! The Lord will deliver them in                                                                 
     the time of trouble. The Lord preserves them and keeps them                                                                
     alive, so that they may be happy in the land; he does not hand                                                             
     them over to the will of their enemies. (Psalm 41:1-2)                                                                     
                                                                                                                                
     God, you know better than we the temptations that will bring                                                               
     us down. Protect us and guide our feet into the way of peace.                                                              
     May you be with these legislators, who have been called by                                                                 
     the people. Give them strength to bear their own and one                                                                   
     another's burdens. Bless them so that they may bring blessings                                                             
     upon the future generations of Alaska. Amen.                                                                               
                                                                                                                                
The Pledge of Allegiance was led by Representative Drummond.                                                                    
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the fourth, fifth, and sixth legislative days be approved as                                                        
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Kito introduced Magdalena Oliveros, House Page,                                                                  
from Juneau.                                                                                                                    
                                                                                                                                
Representative Parish introduced Edric Carillo and Laib Allensworth,                                                            
House Pages, from Juneau.                                                                                                       
                                                                                                                                
Representative Neuman introduced Matt Simpson, Assistant Sergeant-                                                              
at-Arms, from Big Lake.                                                                                                         
                                                                                                                                
Representative Birch introduced Brennen Staples, House Page, from                                                               
Anchorage.                                                                                                                      
                                                                                                                                
Representative Tuck introduced Gabriella Hill, House Page, from                                                                 
Naknek.                                                                                                                         
                                                                                                                                
                                                                                                                                

2017-01-23                     House Journal                      Page 0081
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citation was introduced and taken up later as a Special                                                           
Order of Business:                                                                                                              
                                                                                                                                
Honoring - Gary Bader                                                                                                           
By Senator Egan; Representatives Kito, Parish                                                                                   
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HCR 2                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 2 by Representatives                                                                            
Tarr, Spohnholz, Parish, Tuck, Gara, and Drummond:                                                                              
                                                                                                                                
     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.                                                          
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and State Affairs Committees.                                                                                                   
                                                                                                                                
HCR 3                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 3 by Representatives                                                                            
Tarr, Grenn, Tuck, Gara, and Drummond:                                                                                          
                                                                                                                                
     Proclaiming April 2017 as Child Abuse Prevention Month; and                                                                
     proclaiming April 7, 2017, as Go Blue Friday.                                                                              
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 44                                                                                                                         
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44 by                                                                                     
Representatives Grenn, LeDoux, Kawasaki, Tuck, Stutes, Spohnholz,                                                               
Parish, Fansler, Tarr, and Drummond, entitled:                                                                                  

2017-01-23                     House Journal                      Page 0082
     "An Act requiring a legislator to abstain from taking or                                                                   
     withholding official action or exerting official influence that could                                                      
     benefit or harm an immediate family member or certain                                                                      
     employers; requiring a legislator to request to be excused from                                                            
     voting in an instance where the legislator may have a financial                                                            
     conflict of interest; and providing for an effective date."                                                                
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 73                                                                                                                         
HOUSE BILL NO. 73 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act naming the state ferries built in Ketchikan and entering                                                           
     Alaska marine highway system service on or after 2017; and                                                                 
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Transportation & Public Facilities                                                                           
                                                                                                                                
The Governor's transmittal letter dated January 20 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to establish the authorized names                                                        
for the State ferries built in Ketchikan and entering the Alaska Marine                                                         
Highway System service on or after 2017.                                                                                        
                                                                                                                                
Currently, two Day Boat Alaska Class Ferries are under construction                                                             
at Vigor Alaska in Ketchikan. As required by Alaska law, each vessel                                                            
bears the name of an Alaska glacier. One ferry will be named the                                                                
Motor Vessel Tazlina and the other the Motor Vessel Hubbard.                                                                    
                                                                                                                                
Last year, I called on Alaska students to submit essays on potential                                                            
names for the vessels. The Lieutenant Governor and I reviewed and                                                               

2017-01-23                     House Journal                      Page 0083
selected two names from those suggested in the hundreds of essays                                                               
                                                                          th                                                    
submitted. One of the winning essays was by Tanalian School 7                                                                   
grader, Malea Voran, who proposed the name "Tazlina." In her essay                                                              
she explained that "Tazlina," an Ahtna Athabascan name meaning                                                                  
"swift river," is an appropriate name for a ferry, which should be                                                              
named after something swift and agile. "This name would remind us                                                               
that even small things are capable of doing big things. This small boat                                                         
could be named after something big and inspiring," Malea wrote.                                                                 
                                                                                                                                
The Tazlina Glacier begins 1.6 miles north of Mt. Cushman, flows                                                                
north 25 miles to its terminus one mile south of Tazlina Lake and 43                                                            
miles north of Valdez. Tazlina Glacier was named in 1898 by W. C.                                                               
Mendenhall of the U.S. Geological Survey for the Tazlina River.                                                                 
                                                                                                                                
                                                                 th                                                             
The other winning essay was by Eagle River High School 10 grader,                                                               
Taylor Thompson, who suggested the name "Hubbard," which, unlike                                                                
many glaciers, has been thickening and advancing into                                                                           
Disenchantment Bay for over a century. Taylor noted "this glorious                                                              
slab of ice has defied its predisposition and proved to be a true                                                               
wonder. An Alaskan ferry should be just as incredible," Taylor wrote.                                                           
                                                                                                                                
The Hubbard Glacier flows southeast and southwest 80 miles to its                                                               
terminus at Disenchantment Bay, 34 miles north northeast of Yakutat                                                             
in the St. Elias Mountains. Hubbard Glacier was named for Gardiner                                                              
G. Hubbard, 1822-1897, a regent of the Smithsonian Institution and                                                              
founder and president of the National Geographic Society. Hubbard                                                               
was interested in the exploration of Alaska and helped instigate                                                                
Israel Cook Russell's 1890 and 1891 expeditions, which were                                                                     
sponsored by the National Geographic Society and the U.S.                                                                       
Geological Survey.                                                                                                              
                                                                                                                                
Like you, I look forward to seeing these beautiful vessels sail in                                                              
Alaska waters for years to come. I urge your prompt and favorable                                                               
action on this measure.                                                                                                         
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"                                                                                                                       
                                                                                                                                

2017-01-23                     House Journal                      Page 0084
HB 74                                                                                                                         
HOUSE BILL NO. 74 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the implementation of the federal REAL ID                                                              
     Act of 2005; and relating to issuance of identification cards and                                                          
     driver's licenses; and providing for an effective date."                                                                   
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Military & Veterans' Affairs                                                                                 
2.  Zero, Dept. of Public Safety                                                                                                
3.  Fiscal, Dept. of Administration                                                                                             
                                                                                                                                
The Governor's transmittal letter dated January 20 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to the implementation of                                                        
the federal REAL ID Act of 2005 for the issuance of identification                                                              
cards and driver licenses. The bill intends to allow the Department of                                                          
Administration (Department) to issue both REAL ID compliant and                                                                 
noncompliant identification cards and driver licenses. The bill will                                                            
also remove the funding restriction that prevents the State from                                                                
complying with the REAL ID Act.                                                                                                 
                                                                                                                                
The REAL ID Act of 2005 (Act) is comprised of several sections that                                                             
strengthen federal laws to protect against terrorist entry into the United                                                      
States, improve security for driver licenses and identification cards,                                                          
improve border infrastructure, and changes other aspects of                                                                     
immigration law. In order to prevent terrorists from obtaining state                                                            
driver licenses and identification cards, the Act creates national                                                              
standards for their issuance and manufacture, and mandates what                                                                 
source documents states can use to verify a person's identity. The Act                                                          
does not usurp State authority to issue licenses or identification cards,                                                       
but rather provides stronger oversight to ensure that all licenses and                                                          
identification cards are less subject to tampering and fraud.                                                                   

2017-01-23                     House Journal                      Page 0085
Similar to our current driver license regime, the bill gives the                                                                
Department the authority to adopt regulations to issue compliant                                                                
licenses and identification cards. The regulations must conform to the                                                          
Act and federal regulations to ensure that the U.S. Department of                                                               
Homeland Security certifies the licenses and cards issued by the State.                                                         
Once the regulations are adopted, the Department will begin to offer                                                            
the compliant driver licenses and compliant identification cards to the                                                         
public.                                                                                                                         
                                                                                                                                
The benefits of the State issuing compliant licenses and identification                                                         
cards include allowing our residents to access military facilities,                                                             
federal facilities, and pass through Transportation Security                                                                    
Administration checkpoints at airports with their State identification                                                          
documents. Currently, Alaska driver licenses and identification cards                                                           
cannot be used to enter military bases. It is expected that Alaskans will                                                       
soon be unable to fly domestically or access federal buildings because                                                          
our documents do not conform to the Act's requirements. This will                                                               
require Alaskans to use their passport or other federally issued                                                                
identification documents to fly to the lower forty-eight or go to a                                                             
federal building. For those who do not have a passport, they will be                                                            
required to obtain one at an additional personal expense to themselves.                                                         
                                                                                                                                
The bill also recognizes that some Alaskans may not want a REAL ID                                                              
license or identification card. To accommodate those people, the State                                                          
will continue to issue non-REAL ID compliant identification                                                                     
documents. If the Department is not sure which document a person                                                                
wants, the default option will be a noncompliant one. Furthermore, a                                                            
noncompliant document can never cost more than a compliant one,                                                                 
and the State must treat all driver licenses and identification cards the                                                       
same. With these provisions in place, we strike the right balance                                                               
between offering federally recognized and traditional identification                                                            
documents.                                                                                                                      
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"                                                                                                                       
                                                                                                                                

2017-01-23                     House Journal                      Page 0086
HB 75                                                                                                                         
HOUSE BILL NO. 75 by Representative Tarr, entitled:                                                                             
                                                                                                                                
     "An Act relating to gun violence protective orders; relating to the                                                        
     crime of violating a protective order; relating to a central registry                                                      
     for protective orders; relating to the powers of district judges and                                                       
     magistrates; requiring physicians, psychologists, psychological                                                            
     associates, social workers, marital and family therapists, and                                                             
     licensed professional counselors to report annually threats of gun                                                         
     violence; and amending Rules 4 and 65, Alaska Rules of Civil                                                               
     Procedure, and Rule 9, Alaska Rules of Administration."                                                                    
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following member be excused from a call of the House.  There being                                                              
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Rauscher - from 10:00 a.m. to 11:30 a.m., January 25                                                             
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
notice and publication requirements be waived and the citation,                                                                 
Honoring - Gary Bader, be taken up as a Special Order of Business.                                                              
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House approve the citation.  There being no objection, the following                                                            
citation was approved and sent to enrolling:                                                                                    
                                                                                                                                
Honoring - Gary Bader                                                                                                           
By Senator Egan; Representatives Kito, Parish, Edgmon, Birch,                                                                   
Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn,                                                                       
Guttenberg, Johnson, Johnston, Kawasaki, Knopp, Kopp, Kreiss-                                                                   
Tomkins, LeDoux, Millett, Neuman, Ortiz, Pruitt, Rauscher, Reinbold,                                                            
Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                           
Thompson, Tilton, Tuck, Wilson, Wool                                                                                            

2017-01-23                     House Journal                      Page 0087
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HCR 1                                                                                                                         
Representative Tarr added as a cosponsor to:                                                                                    
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 1                                                                                          
     Proposing an amendment to the Uniform Rules of the Alaska State                                                            
     Legislature relating to voting and abstention from voting.                                                                 
                                                                                                                                
HJR 4                                                                                                                         
Representative Kopp added as a cosponsor to:                                                                                    
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 4                                                                                               
     Urging the United States Congress to pass legislation to open the                                                          
     coastal plain of the Arctic National Wildlife Refuge to oil and gas                                                        
     development; urging the United States Department of the Interior                                                           
     to recognize the private property rights of owners of land in and                                                          
     adjacent to the Arctic National Wildlife Refuge; relating to oil and                                                       
     gas exploration, development, production, and royalties; and                                                               
     relating to renewable and alternative energy technologies.                                                                 
                                                                                                                                
HJR 5                                                                                                                         
Representatives Kopp and Talerico added as a cosponsor to:                                                                      
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 5                                                                                               
     Urging the United States Congress to pass legislation to open the                                                          
     coastal plain of the Arctic National Wildlife Refuge to oil and gas                                                        
     development; urging the United States Department of the Interior                                                           
     to recognize the private property rights of owners of land in and                                                          
     adjacent to the Arctic National Wildlife Refuge; relating to oil and                                                       
     gas exploration, development, production, and royalties; and                                                               
     relating to renewable and alternative energy technologies.                                                                 
                                                                                                                                
HB 2                                                                                                                          
Representative Parish added as a cosponsor to:                                                                                  
                                                                                                                                
     HOUSE BILL NO. 2                                                                                                           
     "An Act relating to a voluntary preference for veterans by private                                                         
     employers."                                                                                                                
                                                                                                                                

2017-01-23                     House Journal                      Page 0088
HB 5                                                                                                                          
Representative Kopp added as a cosponsor to:                                                                                    
                                                                                                                                
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5                                                                                    
     "An Act relating to payment of health benefit premiums for a                                                               
     surviving spouse and dependent child of certain peace officers and                                                         
     firefighters who die in the line of duty; and providing for an                                                             
     effective date."                                                                                                           
                                                                                                                                
HB 8                                                                                                                          
Representative Kopp added as a cosponsor to:                                                                                    
                                                                                                                                
     HOUSE BILL NO. 8                                                                                                           
     "An Act relating to protective orders."                                                                                    
                                                                                                                                
HB 12                                                                                                                         
Representative Kopp added as a cosponsor to:                                                                                    
                                                                                                                                
     HOUSE BILL NO. 12                                                                                                          
     "An Act relating to the authority of the Department of Health and                                                          
     Social Services to take custody of a child and to remove a child                                                           
     from the child's home."                                                                                                    
                                                                                                                                
HB 33                                                                                                                         
Representative Fansler added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 33                                                                                                          
       "An Act establishing May 31 of each year as Katie John Day."                                                            
                                                                                                                                
HB 42                                                                                                                         
Representatives Millett and Grenn added as cosponsors to:                                                                       
                                                                                                                                
     HOUSE BILL NO. 42                                                                                                          
     "An Act relating to seizure of property; 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."                                                                                          
                                                                                                                                

2017-01-23                     House Journal                      Page 0089
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
The following meeting today has been changed as indicated:                                                                      
                                                                                                                                
Judiciary Committee                                                                                                             
CHANGED TO:                                                      1:30 p.m.                                                      
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 10:30 a.m., January 25.  There being no objection,                                                          
the House adjourned at 11:31 a.m.                                                                                               
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk