Legislature(2017 - 2018)
2017-03-10 House Journal
Full Journal pdf2017-03-10 House Journal Page 0445 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE FIRST SESSION Juneau, Alaska Friday March 10, 2017 Fifty-third Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:40 a.m. Roll call showed 38 members present. Representative Kreiss-Tomkins had been excused from a call of the House today. Representative Tuck moved and asked unanimous consent that Representative Reinbold be excused from a call of the House from today to 10:00 p.m., March 12. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Student Rabbi Avi Fine of Congregation Sukkat Shalom. Representative Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With deep respect for the religious beliefs of each person here, I offer the following prayer: An ancient Jewish sage wrote: If I am not for myself, who will be for me? If I am only for myself, what am I? And if not now, when? May God bless each of you with the conviction to advocate for the needs of yourself and those you represent. For if you do not stand up for your beliefs, who will? 2017-03-10 House Journal Page 0446 May you be blessed with the ability to hold the interests of others even if they conflict with your own. For if you only stand up for your own beliefs, you forget our common humanity. May the Divine inspire you to heed the call of the urgency of now. For if you do not speak now, when will you? God who lovingly sustains us, teach us to love all of your creations as you do. Help us to recognize that we are all created in the Divine image and each of us contains a spark of the Divine within us. The Pledge of Allegiance was led by Representative Neuman. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 51st and 52nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Johnston introduced Rebecca Tyler, Guest Page, from Girwood. REPORTS OF STANDING COMMITTEES The Education Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mary Hughes as a member of the University of Alaska Board of Regents. The report was signed by Representative Drummond, Chair; and Representatives Fansler, Johnston, Kopp, Spohnholz, Parish, and Talerico. 2017-03-10 House Journal Page 0447 HCR 7 The Transportation Committee considered: HOUSE CONCURRENT RESOLUTION NO. 7 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. The report was signed by Representatives Wool and Stutes, Co-chairs, with the following individual recommendations: Do pass (6): Sullivan-Leonard, Kopp, Neuman, Drummond, Wool, Stutes No recommendation (1): Claman The following fiscal note(s) apply: 1. Zero, House Transportation Committee HCR 7 was referred to the Rules Committee for placement on the calendar. HB 57 The Finance Committee considered: HOUSE BILL NO. 57 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; repealing appropriations; making supplemental appropriations and reappropriations, and making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 2017-03-10 House Journal Page 0448 and recommends it be replaced with: CS FOR HOUSE BILL NO. 57(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; repealing appropriations; making supplemental appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The report was signed by Representatives Foster and Seaton, Co- chairs, with the following individual recommendations: Do pass (7): Guttenberg, Grenn, Kawasaki, Ortiz, Gara, Foster, Seaton Do not pass (3): Tilton, Pruitt, Wilson Amend (1): Thompson HB 57 is on today's calendar. HB 59 The Finance Committee considered: HOUSE BILL NO. 59 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 59(FIN) (same title) The report was signed by Representatives Foster and Seaton, Co- chairs, with the following individual recommendations: 2017-03-10 House Journal Page 0449 Do pass (11): Grenn, Guttenberg, Thompson, Tilton, Kawasaki, Pruitt, Ortiz, Wilson, Gara, Foster, Seaton HB 59 is on today's calendar. HB 64 The Education Committee considered: HOUSE BILL NO. 64 "An Act relating to the establishment of the Task Force on Reading Proficiency and Reading Instruction for All Students and on the Effects of Dyslexia on Some Students." and recommends it be replaced with: CS FOR HOUSE BILL NO. 64(EDC) (same title) The report was signed by Representative Drummond, Chair, with the following individual recommendations: Do pass (7): Talerico, Parish, Spohnholz, Kopp, Johnston, Fansler, Drummond The following fiscal note(s) apply to CSHB 64(EDC): 1. Zero, Legislative Agency HB 64 was referred to the Rules Committee for placement on the calendar. HB 123 The Health & Social Services Committee considered: HOUSE BILL NO. 123 "An Act relating to disclosure of health care services and price information; and providing for an effective date." and recommends it be replaced with: 2017-03-10 House Journal Page 0450 CS FOR HOUSE BILL NO. 123(HSS) (same title) The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (5): Johnston, Tarr, Edgmon, Sullivan-Leonard, Spohnholz No recommendation (2): Kito, Eastman The following fiscal note(s) apply to CSHB 123(HSS): 1. Zero, Dept. of Health & Social Services HB 123 was referred to the Judiciary Committee. HB 137 The Education Committee considered: HOUSE BILL NO. 137 "An Act redesignating the Alaska State Council on the Arts as a public corporation and governmental instrumentality of the state; defining the powers and duties of the Alaska State Council on the Arts; providing exemptions from certain statutes for the Alaska State Council on the Arts; making conforming amendments; and providing for an effective date." The report was signed by Representative Drummond, Chair, with the following individual recommendations: Do pass (7): Talerico, Parish, Spohnholz, Kopp, Johnston, Fansler, Drummond The following fiscal note(s) apply: 1. Indeterminate, Dept. of Education & Early Development HB 137 was referred to the Finance Committee. 2017-03-10 House Journal Page 0451 HB 148 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 148 "An Act relating to service areas in second class boroughs; and providing for an effective date." The report was signed by Representatives Fansler and Parish, Co- chairs, with the following individual recommendations: Do pass (7): Westlake, Saddler, Talerico, Drummond, Rauscher, Fansler, Parish The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 148 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 150 The House Special Committee on Military & Veterans' Affairs considered: HOUSE BILL NO. 150 "An Act relating to pay, allowances, and benefits for members of the organized militia." The report was signed by Representative Tuck, Chair, with the following individual recommendations: Do pass (4): LeDoux, Parish, Saddler, Tuck No recommendation (1): Rauscher The following fiscal note(s) apply: 1. Indeterminate, Dept. of Military & Veterans' Affairs 2017-03-10 House Journal Page 0452 HB 150 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - University of Alaska Fairbanks Mine Design Team By Representative Wool; Senator Bishop Honoring - Roxy Wright By Senators Coghill, Bishop In Memoriam - James Matthew Price By Representative Edgmon; Senator Hoffman INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 10 HOUSE CONCURRENT RESOLUTION NO. 10 by Representatives Chenault and LeDoux: Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to the jurisdiction of standing committees. was read the first time and referred to the State Affairs and Finance Committees. HJR 15 HOUSE JOINT RESOLUTION NO. 15 by Representatives Johnson, Kreiss-Tomkins, Kawasaki, Thompson, Westlake, Knopp, Birch, Wilson, Kopp, Rauscher, Eastman, LeDoux, Claman, and Seaton: Encouraging repeal of the REAL ID Act of 2005. was read the first time and referred to the State Affairs Committee. 2017-03-10 House Journal Page 0453 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 167 HOUSE BILL NO. 167 by the House Rules Committee by request, entitled: "An Act relating to performance reviews, audits, and termination of executive and legislative branch agencies, the University of Alaska, and the Alaska Court System." was read the first time and referred to the Finance Committee. HB 168 HOUSE BILL NO. 168 by Representatives Chenault and LeDoux, entitled: "An Act relating to regulation notice and review by the legislature; and relating to the Administrative Regulation Review Committee." was read the first time and referred to the State Affairs and Finance Committees. HB 169 HOUSE BILL NO. 169 by Representative Tuck, entitled: "An Act establishing a program for tours of the Arctic National Wildlife Refuge for certain members of the United States Congress." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 170 HOUSE BILL NO. 170 by the House Labor and Commerce Committee, entitled: "An Act relating to securities, registration, exempt securities, exempt transactions, broker-dealers, agents, investment advice, 2017-03-10 House Journal Page 0454 investment advisers, investment adviser representatives, federal covered securities, federal covered investment advisers, viatical settlement interests, small intrastate security offerings, Canadian broker-dealers, and Canadian agents; relating to administrative, civil, and criminal enforcement provisions, including restitution and civil penalties for violations; relating to an investor training fund; establishing increased civil penalties for harming older persons and vulnerable adults; relating to corporations organized under the Alaska Native Claims Settlement Act; amending Rules 4, 5, 54, 65, and 90, Alaska Rules of Civil Procedure, and Rule 602, Alaska Rules of Appellate Procedure; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 171 HOUSE BILL NO. 171 by Representative Westlake, entitled: "An Act authorizing the commissioner of corrections to enter into contracts and cooperative agreements for the productive employment of prisoners; authorizing the Department of Corrections to receive money from the productive employment of prisoners; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 172 HOUSE BILL NO. 172 by Representatives Drummond and Kawasaki, entitled: "An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of 'marijuana'; and clarifying that adding industrial hemp to food does not create an adulterated food product." was read the first time and referred to the Resources and Judiciary Committees. 2017-03-10 House Journal Page 0455 HB 173 HOUSE BILL NO. 173 by Representatives Josephson and Tarr, entitled: "An Act establishing the Alaska Climate Change Response Commission; relating to the powers and duties of the Alaska Climate Change Response Commission; establishing the climate change response fund; and relating to the surcharge on oil produced in the state." was read the first time and referred to the State Affairs, Resources, and Finance Committees. HB 174 HOUSE BILL NO. 174 by the House Rules Committee by request of the Governor, entitled: "An Act extending the governor's declaration of disaster emergency to address the opioid epidemic; and providing for an effective date." was read the first time and referred to the Health & Social Services Committee. The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services The Governor's transmittal letter dated March 9 follows: "Dear Speaker Edgmon: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to an extension of my February 14, 2017 Declaration of Disaster Emergency. This administration has been working as a coordinated team to identify the extent of drug abuse and overdose dangers facing our state. In recent years, opioid abuse has rapidly expanded across the state. This is a dangerous trend that affects our communities and the lives of 2017-03-10 House Journal Page 0456 many Alaskans. Drug overdose deaths are a serious public health concern, which warrants the designation of a public health disaster emergency. This emergency exists statewide and affects all levels of society. Therefore, on February 14, 2017, I made a declaration of disaster emergency under AS 26.23.020 that authorized the Commissioner and the Chief Medical Officer of the Department of Health and Social Services to coordinate a response. This response includes establishing a statewide overdose response program and a statewide medical standing order allowing local and regional overdose response programs, healthcare officials, first responders, and the general public to have the ability to directly dispense and administer the lifesaving drug naloxone. Since the declaration, we have made significant progress in the distribution of resources to combat this epidemic, including kits containing opioid overdose drugs. By extending the declaration of emergency under AS 26.23.020, we continue to assure dispensation of opioid overdose resources under a statewide standing medical order. This is only one part in fighting this battle and we must continue to seek all available tools to address this epidemic. Therefore, I submit this bill to extend the declaration of disaster emergency issued February 14, 2017 until February 14, 2018. 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 23 The Speaker stated that, without objection, the following would be held to the March 13 calendar: 2017-03-10 House Journal Page 0457 HOUSE BILL NO. 23 "An Act relating to major medical insurance coverage under the Public Employees' Retirement System of Alaska for certain surviving spouses and dependent children of peace officers and firefighters; and providing for an effective date." HB 57 The Speaker stated that, without objection, the following would be held to the March 13 calendar: HOUSE BILL NO. 57 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; repealing appropriations; making supplemental appropriations and reappropriations, and making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." HB 59 The Speaker stated that, without objection, the following would be held to the March 13 calendar: HOUSE BILL NO. 59 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." SECOND READING OF SENATE BILLS SB 33 The following was read the second time: SENATE BILL NO. 33 "An Act naming the state ferries built in Ketchikan and entering Alaska marine highway system service on or after 2017; and providing for an effective date." 2017-03-10 House Journal Page 0458 with the: Journal Page TRA RPT 6DP 392 FN1: ZERO(DOT) 393 Representative Tuck moved and asked unanimous consent that SB 33 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 33 was read the third time. The question being: "Shall SB 33 pass the House?" The roll was taken with the following result: SB 33 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Westlake, Wilson, Wool Excused: Kreiss-Tomkins, Reinbold And so, SB 33 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. SB 33 was signed by the Speaker and Chief Clerk and returned to the Senate. 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: 2017-03-10 House Journal Page 0459 Honoring - Michael D. Miller 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, Tilton, Tuck, Westlake, Wilson, Wool Honoring - Jessica Gutzwiler By Senator Meyer; Representatives Birch, Edgmon, 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, Tilton, Tuck, Westlake, Wilson, Wool Honoring - Carlene Sanders By Senator Wilson; Representatives Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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, Tilton, Tuck, Westlake, Wilson, Wool In Memoriam - Mortin B. Schierhorn 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, Tilton, 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 Birch - from 7:00 p.m., today to 10:00 a.m., March 13 2017-03-10 House Journal Page 0460 Representative Kopp - from noon, today to 10:00 a.m., March 13 Representative Spohnholz - from 1:00 p.m., March 11 to 7:00 p.m., March 12. HCR 3 Representative Spohnholz added as a cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 3 Proclaiming April 2017 as Child Abuse Prevention Month; and proclaiming April 7, 2017, as Go Blue Friday. HB 23 Representative Drummond added as a cosponsor to: HOUSE BILL NO. 23 "An Act relating to major medical insurance coverage under the Public Employees' Retirement System of Alaska for certain surviving spouses and dependent children of peace officers and firefighters; and providing for an effective date." HB 64 Representative Spohnholz added as a cosponsor to: HOUSE BILL NO. 64 "An Act relating to the establishment of the Task Force on Reading Proficiency and Reading Instruction for All Students and on the Effects of Dyslexia on Some Students." HB 72 Representative Rauscher added as a cosponsor to: HOUSE BILL NO. 72 "An Act relating to biometric information." HB 135 Representative Spohnholz added as a cosponsor to: 2017-03-10 House Journal Page 0461 HOUSE BILL NO. 135 "An Act relating to school district participation in the school construction grant program." HB 161 Representative Eastman added as a cosponsor to: HOUSE BILL NO. 161 "An Act authorizing an advisory vote on the use of permanent fund earnings to finance the operation of state government." SB 46 Representative LeDoux added as a cross sponsor to: SENATE BILL NO. 46 "An Act establishing October 25 of each year as African American Soldiers' Contribution to Building the Alaska Highway Day." ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: Finance Committee 1:30 p.m. CANCELED ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 13. There being no objection, the House adjourned at 11:56 a.m. Crystaline Jones Chief Clerk