Legislature(2017 - 2018)
2017-03-06 House Journal
Full Journal pdf2017-03-06 House Journal Page 0401 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE FIRST SESSION Juneau, Alaska Monday March 6, 2017 Forty-ninth Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 11:02 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, the Reverend Melissa Engel of Douglas Community United Methodist Church. Representative Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray. Holy One, I come to you this morning seeking quiet in the midst of my busy day filled with people, with situations, and things I can't control. I come to you seeking peace, O God, and to offer some quiet space for our state's legislators today to sit, to center themselves, for the hard work they have to do. So, let's take that time now to sit in some silence. I pray that we continue to find moments throughout the day to ground and center ourselves in All That Is; that we bring ourselves with authenticity to our relationships in our 2017-03-06 House Journal Page 0402 families, in our communities that we represent, and in the world. I ask for special blessing of love and protection on our legislators today and on all those they represent. In the Spirit of Love I pray. Amen. The Pledge of Allegiance was led by Representative LeDoux. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 44th through 48th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 1 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 9 CS FOR SENATE BILL NO. 9(FIN) by the Senate Finance Committee, entitled: "An Act relating to military facility zones; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs Committee. REPORTS OF STANDING COMMITTEES HB 91 The State Affairs Committee considered: HOUSE BILL NO. 91 "An Act relating to fees for certain persons filing disclosure statements or other reports with the Alaska Public Offices 2017-03-06 House Journal Page 0403 Commission; relating to a tax on legislative lobbyists; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 91(STA) "An Act relating to fees for certain persons filing disclosure statements or other reports with the Alaska Public Offices Commission; relating to the registration fees for legislative lobbyists; and providing for an effective date." The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (4): Johnson, Wool, Tuck, Kreiss-Tomkins No recommendation (2): LeDoux, Birch The following fiscal note(s) apply to CSHB 91(STA): 1. Fiscal, Dept. of Administration 2. Fiscal, Dept. of Revenue HB 91 was referred to the Finance Committee. HB 97 The State Affairs Committee considered: HOUSE BILL NO. 97 "An Act repealing the insurance tax credit for gifts to the Alaska fire standards council; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 97(STA) (same title) The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: 2017-03-06 House Journal Page 0404 Do pass (5): Johnson, Wool, Birch, Tuck, Kreiss-Tomkins The following fiscal note(s) apply to CSHB 97(STA): 1. Zero, Dept. of Public Safety HB 97 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and taken up later as a Special Order of Business: Honoring - Billy Honea By Representative Foster; Senator Olson Honoring - Fran Ulmer, 2017 Shining Lights Award Recipient By Representatives Tarr, Josephson The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Brenda Riley By Representatives Guttenberg, Kawasaki, Wool Honoring - Demry Mebane By Representative LeDoux; Senator Wielechowski Honoring - Charles Anthony Skinner By Representative Stutes; Senator Stevens Honoring - Monroe High School Rams Hockey Team, 2017 Greatland 3A Champions By Representatives Thompson, Kawasaki Honoring - Adam Skelton By Senator Giessel; Representative Johnston Honoring - Jubilee Mine By Senator Giessel 2017-03-06 House Journal Page 0405 In Memoriam - Warren B. Cummings By Representatives Kawasaki, Thompson In Memoriam - Michael Anthony Rogan By Representative Guttenberg In Memoriam - Cynthia Marie Pilot By Representative Foster; Senator Olson In Memoriam - Mark Lawrence "Big Foot" Rosser By Representatives Wool, Guttenberg INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 14 HOUSE JOINT RESOLUTION NO. 14 by Representatives Edgmon, Fansler, and Tuck: Urging the Federal Communications Commission to increase the Rural Health Care Program budget sufficiently to adjust for inflation, advances in technology and the services available with increased broadband, and the increase in demand for broadband- based services and provide for any unused funds to be carried forward to future funding years, ensuring that rural communities in the state continue to have access to affordable broadband telehealth services. was read the first time and referred to the Labor & Commerce Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 152 HOUSE BILL NO. 152 by the House Special Committee on Military & Veterans' Affairs, entitled: "An Act relating to the organized militia; and relating to the authority of the adjutant general." 2017-03-06 House Journal Page 0406 was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 153 HOUSE BILL NO. 153 by Representative Eastman, entitled: "An Act repealing the certificate of need program for health care facilities; making conforming amendments; and providing for an effective date." was read the first time and referred to the Health & Social Services and Finance Committees. HB 154 HOUSE BILL NO. 154 by Representative Fansler, entitled: "An Act establishing state fish and game reserves; creating the Holitna River Basin Hunting, Fishing, and Trapping Reserve; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 155 HOUSE BILL NO. 155 by Representative Ortiz, entitled: "An Act authorizing a land exchange in which certain Alaska mental health trust land is exchanged for certain national forest land and relating to the costs of the exchange; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 156 HOUSE BILL NO. 156 by Representatives Tilton and Grenn, entitled: "An Act relating to a municipal tax exemption or deferral for economic development property." 2017-03-06 House Journal Page 0407 was read the first time and referred to the Community & Regional Affairs Committee. HB 157 HOUSE BILL NO. 157 by the House Labor and Commerce Committee by request, entitled: "An Act relating to the Alaska Life and Health Insurance Guaranty Association; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 158 HOUSE BILL NO. 158 by Representative Eastman, entitled: "An Act relating to the location of offices for the Alaska Public Offices Commission and the locations at which certain statements and reports filed with the commission are made available." was read the first time and referred to the State Affairs and Finance Committees. HB 159 HOUSE BILL NO. 159 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the prescription of opioids; establishing the Voluntary Nonopioid Directive Act; relating to the controlled substance prescription database; relating to the practice of dentistry; relating to the practice of medicine; relating to the practice of podiatry; relating to the practice of osteopathy; relating to the practice of nursing; relating to the practice of optometry; relating to the practice of veterinary medicine; related to the duties of the Board of Pharmacy; and providing for an effective date." was read the first time and referred to the Health & Social Services and Finance Committees. The following fiscal note(s) apply: 2017-03-06 House Journal Page 0408 1. Zero, Dept. of Corrections 2. Zero, Dept. of Health & Social Services 3. Fiscal, Dept. of Commerce, Community, & Economic Development The Governor's transmittal letter dated March 3 follows: "Dear Speaker Edgmon: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to monitoring of prescriptions for opioids and relating to the controlled substance prescription database. Alaska is in the grip of an opioid epidemic. All Alaskans, regardless of race, age, religion, or lifestyle are affected. Families are torn apart, persons suffering with addiction are frustrated and unable to reach their potential, crime has increased, and most significantly, lives are lost to this tragic epidemic. Too often the path to opioid addiction is through prescription medication. As a society, we must take steps to reduce unnecessary exposure to these addictive drugs. Fortunately, we have the tools to do that. By increasing awareness, education, and monitoring, we can take meaningful steps to address the tragedy of addiction. First, the bill provides an option for patients to execute a Voluntary Nonopioid Directive that would allow a person for any reason to make clear the person's desire not to be administered an opioid. This confidential information would be provided to the person's health care provider or hospital. A person would be able to revoke a voluntary nonopioid directive at any time, orally or in writing, and the bill would provide for exceptions in the case of emergency treatment. Second, the bill would require health care licensing boards for dentists, nurses, physicians, osteopaths, podiatrists, and optometrists to adopt regulations for licensure, renewal, and certification by regulation to require a licensee or potential licensee to demonstrate continuing education in pain management and opioid use and addiction. 2017-03-06 House Journal Page 0409 Further, the bill would implement provisions to limit an initial prescription for an opioid to not more than a seven-day supply to an adult patient for outpatient use. For a prescription to a minor, a practitioner would be required to discuss with the parent or guardian why the prescription is needed and the risks associated with opioid abuse. These provisions would apply to licensed dentists (AS 08.36.355), physicians (AS 08.64.363), and advanced practice registered nurses (AS 08.72.170). For veterinarians, the bill would require registration with the controlled substance prescription database and would require the Board of Veterinary Examiners to identify resources and develop educational materials to help licensees identify animal owners who may be at risk for abusing an opioid prescribed for a pet. For pharmacists, the bill would require registration with the controlled substance prescription database regardless of whether the pharmacist has a federal drug enforcement administration registration number. Further, the bill would establish a statute to allow a person to request a pharmacist to dispense less than the prescribed amount of a schedule II or III controlled substance. Any remaining quantity in excess of the quantity requested by the person would be void. A pharmacist would be required to notify the prescribing practitioner of the dispensed amount. In addition, the pharmacist would need to submit information on the amount dispensed to the controlled substance prescription database. Other sections of the bill would amend AS 17.30, the controlled substance prescription database. First, the bill would require that the database be updated daily rather than the current weekly update requirements. This would provide even more accurate information for health care practitioners when they review the database. Next, the bill would amend AS 17.30.200(e) to allow as a basis for a board disciplinary action the failure of a pharmacist-in-charge, pharmacist, or practitioner to review the database as required under AS 17.30.200. In addition, with veterinarians registering with the database, the Board of Veterinary Examiners would be notified when a practitioner registers with the database. Another important tool is to authorize the Board of Pharmacy to make an unsolicited confidential notification to a practitioner's licensing board in addition to the practitioner should 2017-03-06 House Journal Page 0410 the practitioner's subscribing practices be outside the generally recognized standards of practice. Last, the bill would authorize the Board of Pharmacy to send practitioners information on how their prescribing practices compare to other practitioners in the same specialty. These nonpunitive "report cards" will provide valuable confidential information to practitioners about how their prescribing practices compare with others. Addressing the opioid epidemic will require a team effort among health care practitioners, patients, and caregivers across our state. We must improve communication among health care professionals, ensure that they have the training to recognize circumstances that may contribute to the risk of addiction, and address patient needs compassionately and safely. This bill is an important first step in providing patients and professionals with tools to treat patients and manage this devastating epidemic. I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 24 The following was read the second time: HOUSE BILL NO. 24 "An Act classifying U-47700 as a schedule IA controlled substance; and providing for an effective date." with the: Journal Page JUD RPT 5DP 2NR 174 FN1: ZERO(COR) 175 FN2: ZERO(DHS) 175 2017-03-06 House Journal Page 0411 FN3: ZERO(LAW) 175 FN4: ZERO(DPS) 175 FN5: ZERO(DPS) 175 FIN RPT CS(FIN) 9DP 1AM 330 FN1: ZERO(COR) 331 FN2: ZERO(DHS) 331 FN3: ZERO(LAW) 331 FN4: ZERO(DPS) 331 FN5: ZERO(DPS) 331 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. 24(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 24(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 24(FIN) was read the third time. The question being: "Shall CSHB 24(FIN) pass the House?" The roll was taken with the following result: CSHB 24(FIN) Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, 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 Nays: Eastman And so, CSHB 24(FIN) passed the House. 2017-03-06 House Journal Page 0412 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. CSHB 24(FIN) was referred to the Chief Clerk for engrossment. HB 48 The following was read the second time: 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." with the: Journal Page L&C RPT 6DP 240 FN1: (CED) 241 FIN RPT 9DP 331 FN1: (CED) 332 Representative Tuck moved and asked unanimous consent that HB 48 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 48 was read the third time. The question being: "Shall HB 48 pass the House?" The roll was taken with the following result: HB 48 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, 2017-03-06 House Journal Page 0413 Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool And so, HB 48 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 effective date clause. There being no objection, it was so ordered. HB 48 was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 8 The following, which was advanced to third reading from the March 1 calendar (page 372), was read the third time: HOUSE BILL NO. 8 "An Act relating to protective orders." Representative Wilson moved and asked unanimous consent that HB 8 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Wilson and Reinbold: Page 4, following line 22: Insert a new bill section to read: "* Sec. 8. AS 22.35.030 is amended to read: Sec. 22.35.030. Publication of Records [RECORDS CONCERNING CRIMINAL CASES RESULTING IN ACQUITTAL OR DISMISSAL]. The Alaska Court System may not publish a court record [OF A CRIMINAL CASE] on a publicly available website (1) in a criminal case if 60 days have elapsed from the date of acquittal or dismissal and (A) [(1)] the defendant was acquitted of all charges filed in the case; 2017-03-06 House Journal Page 0414 (B) [(2)] all criminal charges against the defendant in the case have been dismissed and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure; (C) [(3)] the defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed; or (D) [(4)] all criminal charges against the defendant in the case have been dismissed after a suspended entry of judgment under AS 12.55.078; (2) of a protective order under AS 18.66.100 - 18.66.180, restraining order, or injunction in a case involving domestic violence if the publication would likely reveal the identity or location of the party protected under the order." Renumber the following bill sections accordingly. Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 8 Second Reading Amendment No. 1 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Johnston, Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool And so, Amendment No. 1 was not adopted. 2017-03-06 House Journal Page 0415 The question being: "Shall HB 8 pass the House?" The roll was taken with the following result: HB 8 Third Reading Final Passage YEAS: 38 NAYS: 2 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, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wool Nays: Rauscher, Wilson And so, HB 8 passed the House and 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 - Marilyn Davidson By Representatives Stutes, 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, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool; Senator Stevens In Memoriam - Jim Douglas Rearden By Senator Stevens; Representatives Seaton, 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, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool 2017-03-06 House Journal Page 0416 SPECIAL ORDER OF BUSINESS Representative Tuck moved and asked unanimous consent that the notice and publication requirements be waived and the citations, Honoring - Fran Ulmer, 2017 Shining Lights Award Recipient and Honoring - Billy Honea, 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 - Fran Ulmer, 2017 Shining Lights Award Recipient By Representatives Tarr, Josephson, Edgmon, Birch, Chenault, Claman, Drummond, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Westlake, Wilson, Wool Honoring - Billy Honea By Representatives Foster, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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; Senator Olson UNFINISHED BUSINESS HB 8 Representatives Tuck and Josephson added as cosponsors to: HOUSE BILL NO. 8 "An Act relating to protective orders." HB 13 Representative Tuck added as a cosponsor to: HOUSE BILL NO. 13 "An Act prohibiting the expenditure of state or municipal assets to create a registry based on race or religion." 2017-03-06 House Journal Page 0417 HB 24 Representatives Tuck, Birch, Kopp, Josephson, Parish, and Saddler added as cosponsors to: CS FOR HOUSE BILL NO. 24(FIN) "An Act classifying U-47700 as a schedule IA controlled substance; and providing for an effective date." HB 48 Representative Tuck added as a cosponsor to: 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." HB 90 Representative Guttenberg added as a cosponsor to: HOUSE BILL NO. 90 "An Act relating to occupational licensing fees; relating to an occupational investigation surcharge; and providing for an effective date." ENGROSSMENT HB 8 HB 8 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 24 CSHB 24(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 48 HB 48 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2017-03-06 House Journal Page 0418 ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: Judiciary Committee CHANGED TO: 1:15 p.m. ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 8. There being no objection, the House adjourned at 12:39 p.m. Crystaline Jones Chief Clerk