Legislature(2017 - 2018)

2017-02-27 House Journal

Full Journal pdf

2017-02-27                     House Journal                      Page 0351
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                         THIRTIETH LEGISLATURE                                                                               
                                                                                                                                
                             FIRST SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday              February 27, 2017                                                        
                                                                                                                                
                            Forty-second Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:09 a.m.                                                                                                            
                                                                                                                                
Roll call showed 40 members present.                                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Dr. Phil                                                               
Campbell of Northern Light United Church.  Representative Wilson                                                                
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
    Good morning.  It is an honor to be with you again.  On                                                                     
    Saturday I had the privilege of presiding at the memorial                                                                   
    service of Mike Miller who long and faithfully served in this                                                               
                                                                   rd                                                           
    Chamber in decades past.  At Mike's service we read the 23                                                                  
    Psalm, the first verse of which in modern translation reads,                                                                
    The Lord is my Shepherd; I have everything I need.  The                                                                     
    psalmist's words provide context for my prayer this morning.                                                                
    As I pray I invite you to observe this time in keeping with                                                                 
    your tradition or practice.                                                                                                 
                                                                                                                                
    Gracious creator of all that is, I thank you for the abundance                                                              
    and beauty of our state.  I am awed by the incredible natural                                                               
    and human resources here.  Guide the state's leaders, O God,                                                                
    in the just and equitable use of the resources that abound.                                                                 
    Give them wisdom and insight.  Give them compassion and                                                                     
    awareness. Give them courage and hope.  I pray that all who                                                                 
    serve our state will remain attentive to the concerns of all                                                                

2017-02-27                     House Journal                      Page 0352
    Alaskans, and discover ways to provide especially for our                                                                   
    most vulnerable and at-risk neighbors.  Stoke their                                                                         
    imagination so that they may harness and distribute the                                                                     
    abundance of our state to meet the needs of all so that together                                                            
    we will not only survive, but will flourish.  Help those in this                                                            
    Chamber to believe it is possible to do so, to the end that their                                                           
    decisions will show forth your great gifts of justice,                                                                      
    compassion, and peace for all who call this great state home.                                                               
    In the name of all that is holy, I pray.  Amen.                                                                             
                                                                                                                                
The Pledge of Allegiance was led by Representative Kopp.                                                                        
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 39th, 40th, and 41st legislative days and Senate and                                                            
House Joint Journal Supplement No. 6 be approved as certified by the                                                            
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Kreiss-Tomkins introduced Elias Erickson, Guest                                                                  
Page, from Sitka.                                                                                                               
                                                                                                                                
                             COMMUNICATIONS                                                                                  
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Education & Early Development                                                                                          
School Capital Project Funding                                                                                                  
Annual Report                                                                                                                   
February 24, 2017                                                                                                               
(as required by AS 14.11.035)                                                                                                   
                                                                                                                                
Dept. of Health & Social Services                                                                                               
Statewide Suicide Prevention Council                                                                                            
Alaska State Suicide Prevention Plan, 2012-2017                                                                                 
Annual Implementation Report 2016                                                                                               
(as required by AS 44.29.360)                                                                                                   
                                                                                                                                

2017-02-27                     House Journal                      Page 0353
                     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:                                                                                                                  
                                                                                                                                
                           Donald McClintock III                                                                                
                                                                                                                                
as a member of the Commission on Judicial Conduct.                                                                              
                                                                                                                                
The report was signed by Representative Claman, Chair; and                                                                      
Representatives Eastman, Kopp, Kreiss-Tomkins, Fansler, and                                                                     
LeDoux.                                                                                                                         
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and taken up later as a Special                                                         
Order of Business:                                                                                                              
                                                                                                                                
Honoring - Women's History Month 2017                                                                                           
By Representatives Tarr, Drummond, Spohnholz                                                                                    
                                                                                                                                
Honoring - AWARE Women of Distinction 2017                                                                                      
By Representatives Kito, Parish                                                                                                 
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Matt Hall                                                                                                            
By Senator Bishop                                                                                                               
                                                                                                                                
In Memoriam - Dr. John Joseph "Joe" Lounsbury                                                                                   
By Representatives Kawasaki, Guttenberg                                                                                         
                                                                                                                                
In Memoriam - Virginia May Erickson                                                                                             
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

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               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HCR 7                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 7 by Representative                                                                             
Chenault:                                                                                                                       
                                                                                                                                
    Urging the governor to join the legislature in opposing the                                                                 
    selection of the G South Alternative for the Sterling Highway                                                               
    Milepost 45-60 Project and supporting the selection of the Juneau                                                           
    Creek Alternative; urging the governor to request that the United                                                           
    States Secretary of the Interior initiate a land exchange under the                                                         
    Russian River Land Act; and urging the governor to request that                                                             
    the commissioner of transportation and public facilities and the                                                            
    Division Administrator of the Federal Highway Administration                                                                
    reevaluate the selection of the G South Alternative.                                                                        
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 36                                                                                                                         
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36 by                                                                                     
Representative Gara, entitled:                                                                                                  
                                                                                                                                
    "An Act bearing the short title of the 'Fair Contribution by High                                                           
    Profit Businesses Act'; requiring certain persons in the business of                                                        
    oil and gas production or transportation to pay income tax;                                                                 
    establishing a tax on the income of a sole proprietorship,                                                                  
    partnership, limited liability company, or an S corporation;                                                                
    relating to exemptions from the tax on corporations; and providing                                                          
    for an effective date."                                                                                                     
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 146                                                                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 146 by                                                                                    
Representative Claman, entitled:                                                                                                

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    "An Act imposing a school tax on certain income of residents,                                                               
    part-year residents, and nonresidents; relating to a payment against                                                        
    the school 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                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 7                                                                                                                          
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 7                                                                                                            
    "An Act relating to the exhibition of marked ballots."                                                                      
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 STA RPT CS(STA) NT 7DP                                              192                                                        
 FN1: ZERO(GOV)                                                      192                                                        
 CRA RPT CS(CRA) NT 3DP 2NR                                          314                                                        
 FN1: ZERO(GOV)                                                      315                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 7(CRA)                                                                                                
    "An Act relating to the exhibition of marked ballots and the                                                                
    prohibition on political persuasion near election polls."                                                                   
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that CSHB                                                                 
7(CRA) be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 7(CRA) will advance to third reading on the March 1 calendar.                                                              
                                                                                                                                

2017-02-27                     House Journal                      Page 0356
HB 104                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    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."                                                                  
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 JUD RPT 4DP 2NR                                                     333                                                        
 FN1: ZERO(AJS)                                                      333                                                        
 FN2: ZERO(LAW)                                                      333                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
HB 104 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
HB 104 was read the third time.                                                                                                 
                                                                                                                                
The question being:  "Shall HB 104 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 104                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Eastman, Edgmon,                                                                      
Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston,                                                                    
Josephson, Kawasaki, Kito, Knopp, 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                                                                                  
                                                                                                                                
And so, HB 104 passed the House.                                                                                                
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the roll                                                             
call on the passage of the bill be considered the roll call on the court                                                        
rule changes.  There being no objection, it was so ordered.                                                                     

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Representative Tuck 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.                                                            
                                                                                                                                
HB 104 was referred to the Chief Clerk for engrossment.                                                                         
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Tuck 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 - Steve MacDonald                                                                                                      
By Senator Gardner; Representatives Gara, Edgmon, Birch, Chenault,                                                              
Claman, Drummond, Fansler, Foster, 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, Tuck, Westlake, Wilson, Wool                                                                                          
                                                                                                                                
In Memoriam - R.L. "Dick" McLean                                                                                                
By Senator Bishop; Representatives 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,                                                              
Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard,                                                                 
Talerico, Tarr, Thompson, Tuck, Westlake, Wilson, Wool                                                                          
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Tuck 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 Chenault - from 6:00 a.m., March 2 to 8:00 a.m.,                                                                 
March 6                                                                                                                         
                                                                                                                                
Representative Foster - from 12:45 p.m., March 4 to 10:15 p.m.,                                                                 
March 5                                                                                                                         
                                                                                                                                

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Representative Josephson - from 6:00 p.m., March 2 to 9:45 a.m.,                                                                
March 5                                                                                                                         
                                                                                                                                
Representative Stutes - from 6:00 p.m., March 1 to 7:30 p.m., March 4                                                           
                                                                                                                                
Representative Edgmon - from 8:00 p.m., March 1 to 9:30 a.m.,                                                                   
March 6                                                                                                                         
                                                                                                                                
                       SPECIAL ORDER OF BUSINESS                                                                             
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
notice and publication requirements be waived and the citations,                                                                
Honoring - Women's History Month 2017 and Honoring - AWARE                                                                      
Women of Distinction 2017, 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 citations.  There being no objection, the following                                                           
citations were approved and sent to enrolling:                                                                                  
                                                                                                                                
Honoring - Women's History Month 2017                                                                                           
By Representatives Tarr, Drummond, Spohnholz, Edgmon, Birch,                                                                    
Chenault, Claman, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson,                                                            
Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins,                                                                      
LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold,                                                             
Saddler, Seaton, Stutes, Sullivan-Leonard, Talerico, Thompson,                                                                  
Tilton, Tuck, Westlake, Wilson, Wool                                                                                            
                                                                                                                                
Honoring - AWARE Women of Distinction 2017                                                                                      
By Representatives Kito, Parish, Edgmon, Birch, Chenault, Claman,                                                               
Drummond, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson,                                                                    
Johnston, Josephson, Kawasaki, Kopp, Kreiss-Tomkins, LeDoux,                                                                    
Millett, Neuman, Ortiz, Pruitt, Rauscher, Reinbold, Saddler, Seaton,                                                            
Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson,                                                                  
Tilton, Tuck, Westlake, Wilson, Wool                                                                                            
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HJR 13                                                                                                                        
Representative Talerico added as a cosponsor to:                                                                                

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    HOUSE JOINT RESOLUTION NO. 13                                                                                               
    Urging the United States Congress to divide the United States                                                               
    Court of Appeals for the Ninth Circuit.                                                                                     
                                                                                                                                
HB 10                                                                                                                         
Representative Westlake added as a cosponsor to:                                                                                
                                                                                                                                
    HOUSE BILL NO. 10                                                                                                           
    "An Act relating to the duties of the Department of Health and                                                              
    Social Services; relating to child-in-need-of-aid proceedings;                                                              
    relating to child protection; and amending Rules 6(a), 6(b)(2) and                                                          
    (3), 10(c)(2) and (3), 10(e)(2), 10.1, 15(f)(2), 17(c), 17(d)(2),                                                           
    17.1(b), 17.1(d)(3), 17.2(a), 17.2(e), 17.2(f), 17.3, 18(c), and                                                            
    19.1(c), Alaska Child in Need of Aid Rules of Procedure, and                                                                
    repealing Rules 17.1(a), 17.1(c), and 17.1(d)(2), Alaska Child in                                                           
    Need of Aid Rules of Procedure."                                                                                            
                                                                                                                                
HB 12                                                                                                                         
Representative Westlake 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 140                                                                                                                        
Representative Westlake added as a cosponsor to:                                                                                
                                                                                                                                
    HOUSE BILL NO. 140                                                                                                          
    "An Act relating to the right to demand a jury trial in cases                                                               
    involving termination of parental rights; amending Rules 18(b),                                                             
    18(e), and 18(g), Alaska Child in Need of Aid Rules of                                                                      
    Procedure."                                                                                                                 
                                                                                                                                
HB 141                                                                                                                        
Representative Tarr added as a cosponsor to:                                                                                    
                                                                                                                                
    HOUSE BILL NO. 141                                                                                                          
    "An Act relating to allocations of funding for the Alaska                                                                   
    Workforce Investment Board; and providing for an effective                                                                  
    date."                                                                                                                      

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                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 104                                                                                                                        
HB 104 was engrossed, signed by the Speaker and Chief Clerk, and                                                                
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 10:30 a.m., March 1.  There being no objection,                                                             
the House adjourned at 11:47 a.m.                                                                                               
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk