Legislature(2017 - 2018)

2018-02-05 House Journal

Full Journal pdf

2018-02-05                     House Journal                      Page 2325
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                         THIRTIETH LEGISLATURE                                                                               
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday               February 5, 2018                                                        
                                                                                                                                
                            Twenty-first Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:08 a.m.                                                                                                            
                                                                                                                                
Roll call showed 37 members present.                                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representatives Millett and Neuman be excused from a call of the                                                                
House today, and Representative Fansler be excused from a call of the                                                           
House from today to 10:00 p.m., February 12.  There being no                                                                    
objection, it was so ordered.                                                                                                   
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Tari Stage-                                                            
Harvey of Shepherd of the Valley Lutheran Church.  Representative                                                               
Ortiz moved and asked unanimous consent that the invocation be                                                                  
spread on the journal.  There being no objection, it was so ordered.                                                            
                                                                                                                                
    Respecting the beliefs of all Alaskans, I offer the following                                                               
    prayer:                                                                                                                     
                                                                                                                                
    In the midst of the water of chaos, one creation story tells us                                                             
    of the wind blowing back the chaos to make space for life.  In                                                              
    the midst of our chaos, O God of the wild winds, let your                                                                   
    spirit flow.  Where hurts make us distrustful and angry, grant                                                              
    healing and grace.  Where minds are fearful and constricted,                                                                
    grant courage and hope.  Where anxiety is infectious and                                                                    
    widening, grant peace and reassurance.  Where impossibilities                                                               
    close every door and window, grant imagination and                                                                          

2018-02-05                     House Journal                      Page 2326
       resistance.  Where spirits are daunted and weakened, grant                                                              
        soaring wings and strengthened dreams.  In you we pray.                                                                
    Amen.                                                                                                                       
                                                                                                                                
The Pledge of Allegiance was led by Representative Drummond.                                                                    
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 18th, 19th, and 20th legislative days be approved as                                                            
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Parish introduced Tiera Cruz, Mackenzie Nichols, and                                                             
Isaiah Nelson, Guest Pages, from Juneau.                                                                                        
                                                                                                                                
                             COMMUNICATIONS                                                                                  
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Alaska Commercial Fishing and Agriculture Bank                                                                                  
2017 Annual Report                                                                                                              
(as required by AS 44.81.200)                                                                                                   
                                                                                                                                
Alaska Court System                                                                                                             
2017 Travel and Compensation Report                                                                                             
January 31, 2018                                                                                                                
(as required by AS 22.20.037)                                                                                                   
                                                                                                                                
Dept. of Environmental Conservation                                                                                             
Division of Water                                                                                                               
Alaska Drinking Water and Clean Water Loan Funds                                                                                
Annual Report Fiscal Year 2017                                                                                                  
January 17, 2018                                                                                                                
(as required by AS 37.05.035)                                                                                                   
                                                                                                                                
                                                                                                                                

2018-02-05                     House Journal                      Page 2327
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 240                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 240                                                                                                          
    "An Act relating to the registration and duties of pharmacy                                                                 
    benefits managers; relating to procedures, guidelines, and                                                                  
    enforcement mechanisms for pharmacy audits; relating to the cost                                                            
    of multi-source generic drugs and insurance reimbursement                                                                   
    procedures; relating to the duties of the director of the division of                                                       
    insurance; and providing for an effective date."                                                                            
                                                                                                                                
The report was signed by Representative Kito, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Wool, Kito                                                                                                        
                                                                                                                                
Do not pass (1):  Sullivan-Leonard                                                                                              
                                                                                                                                
No recommendation (4):  Stutes, Knopp, Birch, Josephson                                                                         
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Indeterminate, Dept. of Administration                                                                                      
                                                                                                                                
HB 240 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 - North Star Council on Aging 45th Anniversary                                                                         
By Representatives Kawasaki, Guttenberg                                                                                         
                                                                                                                                
Honoring - Leva "Pat" Lawton                                                                                                    
By Senator Hughes; Representative Johnson                                                                                       
                                                                                                                                

2018-02-05                     House Journal                      Page 2328
In Memoriam - Carl Gronn                                                                                                        
By Senator Stevens; Representative Stutes                                                                                       
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HJR 21                                                                                                                        
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO.                                                                               
21 by Representatives Guttenberg, Drummond, Tarr, and Kawasaki:                                                                 
                                                                                                                                
    Urging the federal government to respect the authority of the state                                                         
    to regulate marijuana use, production, and distribution and to                                                              
    honor previous federal guidance on marijuana policy; and urging                                                             
    the federal government to reconsider its listing of marijuana as a                                                          
    schedule I controlled substance.                                                                                            
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 328                                                                                                                        
HOUSE BILL NO. 328 by Representatives Claman and Tuck,                                                                          
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to biometric information and to the collection,                                                            
    use, storage, and disclosure of geolocation information; and                                                                
    establishing an unfair trade practice under the Alaska Unfair Trade                                                         
    Practices and Consumer Protection Act."                                                                                     
                                                                                                                                
was read the first time and referred to the Judiciary and Labor &                                                               
Commerce Committees.                                                                                                            
                                                                                                                                
HB 329                                                                                                                        
HOUSE BILL NO. 329 by Representative Josephson, entitled:                                                                       
                                                                                                                                
    "An Act relating to the registration and regulation of real estate                                                          
    appraisal management companies; relating to the establishment of                                                            
    fees by the Department of Commerce, Community, and Economic                                                                 
    Development; relating to the Board of Certified Real Estate                                                                 

2018-02-05                     House Journal                      Page 2329
    Appraisers; relating to real estate appraisers; and providing for an                                                        
    effective date."                                                                                                            
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Judiciary Committees.                                                                                                           
                                                                                                                                
HB 330                                                                                                                        
HOUSE BILL NO. 330 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act authorizing the commissioner of natural resources to                                                                
    disclose confidential information in an investigation or                                                                    
    proceeding, including a lease royalty audit, appeal, or request for                                                         
    reconsideration and issue a protective order limiting the persons                                                           
    who have access to the confidential information."                                                                           
                                                                                                                                
was read the first time and referred to the Judiciary and Resources                                                             
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Natural Resources                                                                                            
                                                                                                                                
The Governor's transmittal letter dated February 2 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill that clarifies how confidential                                                          
information obtained by the Commissioner of natural resources may                                                               
be used and treated as part of the Department of Natural Resources                                                              
(DNR) appeals, audits, and requests for reconsideration.                                                                        
                                                                                                                                
A long-standing dilemma faces DNR with respect to the handling of                                                               
oil and gas sales price information considered "confidential" under                                                             
Alaska law. Specifically, this dilemma impedes the department's                                                                 
ability to effectively audit and enforce royalty payments when                                                                  
multiple companies working the same lease negotiate different prices.                                                           
Because sales contracts by one party cannot be provided to another                                                              
due to confidentiality, producers object to the audit on the basis of a                                                         

2018-02-05                     House Journal                      Page 2330
lack of due process. The department then faces administrative                                                                   
obstacles in finalizing the royalty audits.                                                                                     
                                                                                                                                
While the department believes it has the statutory and contractual                                                              
authority to share this information for audit purposes, providing the                                                           
information in the face of objection from the affected parties could                                                            
expose the department and its employees to a claim for improper                                                                 
disclosure of confidential information and criminal penalties. This bill                                                        
would clarify that the department may disclose pricing information to                                                           
affected parties under a protective order to finalize the audits without                                                        
going to court. This will allow the State to more quickly and                                                                   
efficiently collect the royalties it is owed in the future.                                                                     
                                                                                                                                
I urge your favorable action on this measure so the State may timely                                                            
finalize audits and recover the royalties it is owed moving forward.                                                            
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"                                                                                                                       
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 287                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 287                                                                                                          
    "An Act making appropriations for public education and                                                                      
    transportation of students; 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."                                                                                                                      
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 FIN RPT 7DP 3AM                                                   2309                                                         
                                                                                                                                
                                                                                                                                

2018-02-05                     House Journal                      Page 2331
Representative Tuck moved and asked unanimous consent that                                                                      
HB 287 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HB 287 will advance to third reading on the February 7 calendar.                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 176                                                                                                                        
Representative Wool moved and asked unanimous consent that his                                                                  
name be added as prime sponsor to the following:                                                                                
                                                                                                                                
    HOUSE BILL NO. 176                                                                                                          
    "An Act relating to medical assistance reimbursement for ground                                                             
    emergency medical transportation services; and providing for an                                                             
    effective date."                                                                                                            
                                                                                                                                
There being no objection, it was so ordered. (Representative Fansler                                                            
resigned, page 2308).                                                                                                           
                                                                                                                                
HB 176 was reprinted today.  The sponsors are:  Representatives                                                                 
Wool, Fansler, and Gara.                                                                                                        
                                                                                                                                
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 Knopp - from 5:00 p.m., February 8 to 10:00 a.m.,                                                                
February 12                                                                                                                     
                                                                                                                                
Representative Pruitt - from 8:00 p.m., February 6 to 9:30 p.m.,                                                                
February 11                                                                                                                     
                                                                                                                                
HB 186                                                                                                                        
The following memorandum dated February 2 was received from Lora                                                                
Brown, Enrolling Secretary, Division of Legal and Research Services,                                                            
regarding:                                                                                                                      
                                                                                                                                

2018-02-05                     House Journal                      Page 2332
    HOUSE BILL NO. 186                                                                                                          
    "An Act relating to the donation of food; and relating to food                                                              
    banks."                                                                                                                     
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest error in HB 186,                                                             
which has been corrected in enrolling:                                                                                          
                                                                                                                                
Page 3, line 10, following "eaten":                                                                                         
    Insert "by""                                                                                                            
                                                                                                                                
HB 25                                                                                                                         
Representative Tarr added as a cosponsor to:                                                                                    
                                                                                                                                
    HOUSE BILL NO. 25                                                                                                           
    "An Act relating to insurance coverage for contraceptives and                                                               
    related services; relating to medical assistance coverage for                                                               
    contraceptives and related services; and providing for an effective                                                         
    date."                                                                                                                      
                                                                                                                                
HB 91                                                                                                                         
Representative Gara added as a cosponsor to:                                                                                    
                                                                                                                                
    HOUSE BILL NO. 91                                                                                                           
    "An Act relating to fees for certain persons filing disclosure                                                              
    statements or other reports with the Alaska Public Offices                                                                  
    Commission; relating to a tax on legislative lobbyists; and                                                                 
    providing for an effective date."                                                                                           
                                                                                                                                
HB 213                                                                                                                        
Representative Drummond added as a cosponsor to:                                                                                
                                                                                                                                
    HOUSE BILL NO. 213                                                                                                          
    "An Act relating to the investment, appropriation, and                                                                      
    administration of the public school trust fund."                                                                            
                                                                                                                                
HB 277                                                                                                                        
Representative Spohnholz added as a cosponsor to:                                                                               
                                                                                                                                
                                                                                                                                

2018-02-05                     House Journal                      Page 2333
    HOUSE BILL NO. 277                                                                                                          
    "An Act relating to the regulation of broadband Internet; and                                                               
    making certain actions by broadband Internet service providers                                                              
    unlawful acts or practices under the Alaska Unfair Trade Practices                                                          
    and Consumer Protection Act."                                                                                               
                                                                                                                                
                             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., February 7.  There being no objection,                                                          
the House adjourned at 11:45 a.m.                                                                                               
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk