Legislature(2017 - 2018)
2017-02-24 House Journal
Full Journal pdf2017-02-24 House Journal Page 0327 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE FIRST SESSION Juneau, Alaska Friday February 24, 2017 Thirty-ninth Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:08 a.m. Roll call showed 36 members present. Representatives Kawasaki, Tilton, and Tuck had been excused from a call of the House today. Representative Spohnholz was absent and her presence was noted later. The invocation was offered by the Chaplain, the Reverend Dr. Douglas Dye of Chapel by the Lake Presbyterian Church. Representative Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Thank you for the invitation to pray for you. I invite you to bow your heads as I pray. Thank you, gracious and loving God, for the gift of today. In the Book of Psalms you declare, This is the day that the Lord has made; let us rejoice and be glad in it. (Psalm 118:24) We pause, as this day begins, to thank you for generously and abundantly providing all we need to flourish and prosper. Help us to be grateful for the goodness of today. Help us, Lord, to count our blessings so we may recognize the wonder and beauty of life. For your creative genius captured in the beauty of Alaska, I give you thanks. For good work to do and 2017-02-24 House Journal Page 0328 the strength to do it, I give you thanks. For the simple grace of a stranger's smile or the friend who knows of our struggles, I give you thanks. For the certainty that you are always with us - even when you feel far away, I give you thanks. Gracious God, we grow tired and admit that we get discouraged. So I pray for these women and men who put in long hours for the welfare of Alaska. Protect them from fatigue and disappointment. Grant them energy and joy in their labors. Provide them with creativity and wisdom. Bless them with a spirit of comradery so that together they will meet the challenges of our state. O Heavenly Father, bless this body - the Alaska State House of Representatives, and bless its members, staff, and all those who support its work. And as this day draws to a close, O God, may each of them look back on this day - the day you made - and may they rejoice and know they served well and that you blessed them. I pray these things in the name of my Lord, Jesus. Amen. The Pledge of Allegiance was led by Representative Knopp. CERTIFICATION OF THE JOURNAL Representative Stutes, Acting Majority Leader, moved and asked unanimous consent that the journal for the 37th and 38th legislative days and House and Senate Joint Journal Supplement No. 5 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Grenn introduced Lane Crosby, Guest Page, from Anchorage. Representative Drummond introduced Gretchen Mitchell, Guest Page, from Anchorage. Representative Johnson introduced Will Connelly, Guest Page, from Palmer. 2017-02-24 House Journal Page 0329 MESSAGES FROM THE SENATE HJR 5 A message dated February 22 was read stating the Senate passed: CS FOR HOUSE JOINT RESOLUTION NO. 5(AET) 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. with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 5(ARC) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas development; relating to oil and gas exploration, development, production, and royalties; and relating to renewable and alternative energy technologies. (SCR 3 - title change resolution) CSHJR 5(AET) is under Unfinished Business. A message dated February 22 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 3 SENATE CONCURRENT RESOLUTION NO. 3 by the Senate Special Committee on the Arctic: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 5, urging the United States Congress to pass legislation to 2017-02-24 House Journal Page 0330 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. was read the first time and taken up later as a Special Order of Business. COMMUNICATIONS The following were received: Alaska Judicial Council Twenty-Eighth Report: 2015-2016 January 2017 (as required by art. IV, sec. 9, Constitution of the State of Alaska) Dept. of Education & Early Development Annual Report February 15, 2017 (as required by AS 14.03.078) REPORTS OF STANDING COMMITTEES The Judiciary Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Jahna Lindemuth as Attorney General of the Department of Law. The report was signed by Representative Claman, Chair; and Representatives Fansler, Reinbold, Kreiss-Tomkins, Kopp, and Eastman. HB 24 The Finance Committee considered: 2017-02-24 House Journal Page 0331 HOUSE BILL NO. 24 "An Act classifying U-47700 as a schedule IA controlled substance; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 24(FIN) (same title) The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Gara, Wilson, Pruitt, Ortiz, Thompson, Guttenberg, Tilton, Seaton, Foster Amend (1): Kawasaki The following fiscal note(s) apply to CSHB 24(FIN): 1. Zero, Dept. of Corrections 2. Zero, Dept. of Health & Social Services 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety 5. Zero, Dept. of Public Safety HB 24 was referred to the Rules Committee for placement on the calendar. HB 48 The Finance Committee considered: HOUSE BILL NO. 48 "An Act relating to the composition of the State Board of Registration for Architects, Engineers, and Land Surveyors; extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." The report was signed by Representative Seaton, Co-chair, with the following individual recommendations: 2017-02-24 House Journal Page 0332 Do pass (9): Gara, Wilson, Kawasaki, Pruitt, Ortiz, Thompson, Guttenberg, Tilton, Seaton The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 48 was referred to the Rules Committee for placement on the calendar. HB 60 The Transportation Committee considered: HOUSE BILL NO. 60 "An Act relating to the motor fuel tax; relating to the disposition of revenue from the motor fuel tax; relating to a transportation maintenance fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 60(TRA) "An Act relating to the motor fuel tax; relating to the disposition of revenue from the motor fuel tax; establishing and relating to a transportation maintenance fund; and providing for an effective date." The report was signed by Representative Wool, Co-chair, with the following individual recommendations: Do pass (4): Claman, Stutes, Drummond, Wool Do not pass (1): Sullivan-Leonard Amend (2): Kopp, Neuman The following fiscal note(s) apply to CSHB 60(TRA): 1. Zero, Dept. of Transportation & Public Facilities 2. Fiscal, Dept. of Revenue 2017-02-24 House Journal Page 0333 HB 60 was referred to the Finance Committee. HB 104 The Judiciary Committee considered: HOUSE BILL NO. 104 "An Act relating to collecting information about civil litigation by the Alaska Judicial Council; repealing Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and (e), Alaska Rules of Appellate Procedure; and providing for an effective date." The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (4): Kopp, Kreiss-Tomkins, Fansler, Claman No recommendation (2): Eastman, Reinbold The following fiscal note(s) apply: 1. Zero, Judiciary 2. Zero, Dept. of Law HB 104 was referred to the Rules Committee for placement on the calendar. HB 131 The Transportation Committee considered: HOUSE BILL NO. 131 "An Act relating to relocation assistance for federally assisted public construction and improvement projects and programs; and providing for an effective date." The report was signed by Representative Wool, Co-chair, with the following individual recommendations: Do pass (6): Kopp, Sullivan-Leonard, Claman, Stutes, Drummond, Wool 2017-02-24 House Journal Page 0334 No recommendation (1): Neuman The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities HB 131 was referred to the Finance Committee. SB 30 The Resources Committee considered: SENATE BILL NO. 30 "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Petro Star Inc.; and providing for an effective date." The report was signed by Representatives Tarr and Josephson, Co- chairs, with the following individual recommendations: Do pass (8): Parish, Talerico, Johnson, Birch, Rauscher, Drummond, Tarr, Josephson The following fiscal note(s) apply: 2. Fiscal, Dept. of Natural Resources SB 30 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 56 The House Special Committee on Fisheries considered: HOUSE BILL NO. 56 "An Act relating to limitations on certain commercial fishing loans made by the Department of Commerce, Community, and Economic Development." The report was signed by Representative Stutes, Chair, with the following individual recommendations: 2017-02-24 House Journal Page 0335 Do pass (4): Tarr, Fansler, Kreiss-Tomkins, Stutes No recommendation (3): Eastman, Neuman, Chenault The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 56 was referred to the Finance Committee. HB 126 The House Special Committee on Military & Veterans' Affairs considered: HOUSE BILL NO. 126 "An Act relating to workers' compensation benefits for members of the organized militia." and recommends it be replaced with: CS FOR HOUSE BILL NO. 126(MLV) (same title) The report was signed by Representative Tuck, Chair, with the following individual recommendations: Do pass (5): LeDoux, Saddler, Rauscher, Spohnholz, Tuck No recommendation (1): Reinbold The following fiscal note(s) apply to CSHB 126(MLV): 1. Zero, Dept. of Administration 2. Zero, Dept. of Labor & Workforce Development 3. Zero, Dept. of Military & Veterans' Affairs HB 126 was referred to the Labor & Commerce Committee. The Speaker stated that the House would stand at ease to allow the members of the Senate to enter the Chamber; and so, the House stood at ease at 10:28 a.m. 2017-02-24 House Journal Page 0336 AFTER AT EASE The Speaker called the House back to order at 10:39 a.m. **The presence of Representative Spohnholz was noted. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Edgmon turned the gavel over to President Kelly who called the joint session to order at 10:40 a.m. The purpose of the joint session was to hear an address by the Honorable Dan Sullivan, U.S. Senator. Senator Micciche moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Stutes moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Kelly appointed Representative Ortiz and Senator Meyer to escort the Senator to the joint session. The Senate Sergeant-at-Arms announced the Senator's entrance into the House Chamber. Senator Sullivan was escorted to the rostrum and welcomed by President Kelly. Senator Sullivan delivered his address, and it is published in Senate and House Joint Journal Supplement No. 6. A question and answer period followed the conclusion of the Senator's speech. Senator Sullivan received a standing ovation. 2017-02-24 House Journal Page 0337 Senator Micciche moved and asked unanimous consent that the joint session adjourn. There being no objection, President Kelly adjourned the joint session at 11:30 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:40 a.m. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Steve MacDonald By Senator Gardner; Representative Gara In Memoriam - R.L. "Dick" McLean By Senator Bishop INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 13 HOUSE JOINT RESOLUTION NO. 13 by Representatives Eastman, Kopp, Chenault, Rauscher, Johnson, Wilson, Johnston, Tilton, Reinbold, Thompson, Saddler, Sullivan-Leonard, Millett, and Pruitt: Urging the United States Congress to divide the United States Court of Appeals for the Ninth Circuit. was read the first time and referred to the State Affairs and Judiciary Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 142 HOUSE BILL NO. 142 by Representative Tuck, entitled: 2017-02-24 House Journal Page 0338 "An Act relating to unemployment insurance benefits; increasing the maximum weekly unemployment insurance benefit rate; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 143 HOUSE BILL NO. 143 by Representatives Chenault and Sullivan- Leonard, entitled: "An Act naming the Daniel R. Fauske Building." was read the first time and referred to the State Affairs Committee. HB 144 HOUSE BILL NO. 144 by Representative Kito, entitled: "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 145 HOUSE BILL NO. 145 by Representatives Westlake and LeDoux, entitled: "An Act relating to license renewal and criminal history record checks for massage therapists; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 146 HOUSE BILL NO. 146 by Representative Claman, entitled: "An Act imposing a school tax on net earnings from self- employment and wages; relating to a payment against the school 2017-02-24 House Journal Page 0339 tax from the permanent fund dividend disbursement; and providing for an effective date." was read the first time and referred to the Education and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Stutes 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 - Lauree Hugonin Morton By Representatives Parish, Kito, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool Honoring - Leena Robinson By Representatives Talerico, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool; Senator Bishop Honoring - Presbyterian Hospitality House 60th Anniversary By Representatives Kawasaki, Guttenberg, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Johnson, Johnston, Josephson, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool Honoring - Fairbanks Native Association 50th Anniversary By Representatives Kawasaki, Guttenberg, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Johnson, Johnston, 2017-02-24 House Journal Page 0340 Josephson, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool Honoring - Pioneer Park 50th Anniversary By Representatives Kawasaki, Thompson, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Westlake, Wilson, Wool In Memoriam - Lottie C. Fleeks By Representatives Kawasaki, Guttenberg, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Johnson, Johnston, Josephson, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool In Memoriam - Nancy McGuire By Senator Olson; Representatives Foster, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool CONCUR IN SENATE AMENDMENTS HJR 5 Representative Stutes moved and asked unanimous consent that the House consider the Senate message (page 329) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 5(AET) 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 2017-02-24 House Journal Page 0341 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. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 5(ARC) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas development; relating to oil and gas exploration, development, production, and royalties; and relating to renewable and alternative energy technologies. (SCR 3 - title change resolution) There being no objection, it was so ordered. Representative Stutes moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSHJR 5(ARC) Concur YEAS: 32 NAYS: 4 EXCUSED: 3 ABSENT: 1 Yeas: Birch, Chenault, Claman, Eastman, Edgmon, Foster, Gara, Grenn, Johnson, Johnston, Josephson, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Westlake, Wilson, Wool Nays: Fansler, Guttenberg, Parish, Tarr Excused: Kawasaki, Tilton, Tuck Absent: Drummond And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 5(ARC). 2017-02-24 House Journal Page 0342 The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 3 Representative Stutes moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 3 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning 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. There being no objection, it was so ordered. The question being: "Shall SCR 3 pass the House?" The roll was taken with the following result: SCR 3 Special Order of Business YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Westlake, Wilson, Wool Nays: Parish Excused: Kawasaki, Tilton, Tuck And so, SCR 3 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate 2017-02-24 House Journal Page 0343 UNFINISHED BUSINESS Representative Stutes moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Neuman - from 12:30 p.m., today to 10:30 a.m., February 27 Representative Birch - from 7:00 p.m., today to 10:30 a.m., February 27 Representative Wool - from 7:00 a.m., February 25 to 10:00 a.m., February 28 HJR 10 Representative Saddler added as a cosponsor to: HOUSE JOINT RESOLUTION NO. 10 Urging the United States Congress to pass the Improved National Monument Designation Process Act. HJR 11 Representative Guttenberg added as a cosponsor to: HOUSE JOINT RESOLUTION NO. 11 Supporting action to overturn the decision of the United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010); and urging the United States Congress to pass legislation overturning the decision of the United States Supreme Court in Citizens United v. Federal Election Commission, thereby restoring free and fair elections in the United States. HB 8 Representative Kito added as a cosponsor to: HOUSE BILL NO. 8 "An Act relating to protective orders." 2017-02-24 House Journal Page 0344 HB 24 Representative Pruitt added as a cosponsor to: HOUSE BILL NO. 24 "An Act classifying U-47700 as a schedule IA controlled substance; and providing for an effective date." HB 84 Representative Westlake added as a cosponsor to: HOUSE BILL NO. 84 "An Act relating to a municipal property tax exemption." HB 107 Representative Chenault added as a cosponsor to: HOUSE BILL NO. 107 "An Act relating to certain fish; and establishing a fisheries enhancement permit." ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Stutes moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 27. There being no objection, the House adjourned at 11:55 a.m. Crystaline Jones Chief Clerk