Legislature(2017 - 2018)
2018-03-19 House Journal
Full Journal pdf2018-03-19 House Journal Page 2739 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 19, 2018 Sixty-third Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 11:06 a.m. Roll call showed 38 members present. Representative Tuck moved and asked unanimous consent that Representatives Rauscher and Wool be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Caroline Malseed of St. Brendan's Episcopal Church. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Creator God, you made us in your own image: Look with compassion on the whole human family, especially all the peoples of Alaska; take away the arrogance and hatred which infect our hearts; break down the walls that separate us; unite us in bonds of love; and work through our struggle and confusion to accomplish your purposes on earth; that, in your good time, all states and nations and races may serve you in harmony and good will. Amen. The Pledge of Allegiance was led by Representative Millett. 2018-03-19 House Journal Page 2740 CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 59th, 60th, 61st, and 62nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Kito introduced Sam Marnon, Margot Oliver, Loki and Tyr Koeneman, Guest Pages, from Juneau. MESSAGES FROM THE SENATE HB 321 A message dated March 16 was read stating the Senate passed: CS FOR HOUSE BILL NO. 321(FIN) am "An Act making supplemental appropriations, capital appropriations, and other appropriations; making appropriations to capitalize funds; amending appropriations; and providing for an effective date." CSHB 321(FIN) am was referred to the Chief Clerk for enrollment. COMMUNICATIONS Letters of disclosure received from the Select Committee on Legislative Ethics, as required by AS 24.60, were published in House Journal Supplement No. 12 and Senate and House Joint Journal Supplement No. 18. The following were received: Alaska Court System Appellate & Trial Courts 2017 Time to Disposition Reports (as required by AS 22.20.310) 2018-03-19 House Journal Page 2741 Alaska Court System Travel for Justices, Judges, and Magistrate Judges & Affidavit Information, 2017 (as required by AS 22.20.310) REPORTS OF STANDING COMMITTEES HB 285 The Finance Committee considered: HOUSE BILL NO. 285 "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. 285(FIN) (same title) The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Gara, Guttenberg, Seaton, Foster No recommendation (1): Ortiz Amend (5): Kawasaki, Pruitt, Grenn, Tilton, Wilson HB 285 is on today's calendar. HB 286 The Finance Committee considered: HOUSE BILL NO. 286 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making supplemental appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the 2018-03-19 House Journal Page 2742 constitutional budget reserve fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 286(FIN) (same title) The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Gara, Guttenberg, Seaton, Foster No recommendation (1): Ortiz Amend (5): Wilson, Kawasaki, Pruitt, Grenn, Tilton HB 286 is on today's calendar. HB 346 The Finance Committee considered: HOUSE BILL NO. 346 "An Act relating to the licensure of dentists." and recommends it be replaced with: CS FOR HOUSE BILL NO. 346(L&C) (same title) The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Gara, Wilson, Kawasaki, Ortiz, Pruitt, Guttenberg, Grenn, Tilton, Seaton, Foster The following fiscal note(s) apply to CSHB 346(L&C): 1. Fiscal, Dept. of Commerce, Community, & Economic Development 2018-03-19 House Journal Page 2743 HB 346 was referred to the Rules Committee for placement on the calendar. HB 400 The State Affairs Committee considered: HOUSE BILL NO. 400 "An Act relating to the collection of fees by the Department of Public Safety for fire and explosion prevention and safety services." The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (1): Kreiss-Tomkins Do not pass (2): Knopp, Johnson No recommendation (3): Birch, LeDoux, Wool The following fiscal note(s) apply: 1. Indeterminate, Dept. of Public Safety HB 400 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES In accordance with AS 24.65.020, the Victims' Advocate Selection Committee has reviewed the qualifications of the following and recommends the nomination be forwarded to a joint session for consideration: Taylor Winston as Victims' Advocate. The report was signed by Representatives Kito (Co-chair), Josephson, Kopp; and Senators MacKinnon (Co-chair), Micciche, Gardner. 2018-03-19 House Journal Page 2744 INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Loyd M. Hodson By Representative Reinbold The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kennedy Torres By Representative Tilton Honoring - Jeff Cook By Representatives Guttenberg, Birch Honoring - Mustang Hockey "Blue Devils" 12U Majors By Representative Saddler Honoring - Mustang Hockey "Blue Devils" 12U Minors By Representative Saddler In Memoriam - Edward Peyre Ashby, Jr. By Representative Kawasaki In Memoriam - Patrick "Jack" Cooper By Representative Josephson; Senator Gardner CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 285 The following was read the second time: HOUSE BILL NO. 285 "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." 2018-03-19 House Journal Page 2745 with the: Journal Page FIN RPT CS(FIN) 4DP 1NR 5AM 2741 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. 285(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 285(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 285(FIN) will advance to third reading on tomorrow's calendar. HB 286 The following was read the second time: HOUSE BILL NO. 286 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making supplemental appropriations; 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 CS(FIN) 4DP 1NR 5AM 2741 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2018-03-19 House Journal Page 2746 CS FOR HOUSE BILL NO. 286(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 286(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 286(FIN) will advance to third reading on tomorrow's calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 17 The Speaker stated that, without objection, the following would be held to tomorrow's calendar: HOUSE JOINT RESOLUTION NO. 17 Encouraging the United States Congress to pass legislation giving full military burial rights to Hmong veterans of the Vietnam War. HCR 2 The Speaker stated that, without objection, the following would be held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 2 Urging Governor Bill Walker to join with the Alaska State Legislature to respond to the public and behavioral health epidemic of adverse childhood experiences by establishing a statewide policy and providing programs to address this epidemic. HCR 19 The following, which was held from the March 15 calendar (page 2723), was read the second time: HOUSE CONCURRENT RESOLUTION NO. 19 Urging Governor Bill Walker to issue an administrative order recognizing a linguistic emergency. 2018-03-19 House Journal Page 2747 with the: Journal Page CRA RPT CS(CRA) 5DP 2648 FN1: ZERO(LEG) 2648 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(CRA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 1, line 5, following "Unangax Insert "," Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. The question being: "Shall CSHCR 19(CRA) am pass the House?" The roll was taken with the following result: CSHCR 19(CRA) am Second Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Zulkosky Nays: Eastman, Neuman, Tilton, Wilson Excused: Rauscher, Wool 2018-03-19 House Journal Page 2748 And so, CSHCR 19(CRA) am passed the House and was referred to the Chief Clerk for engrossment. HOUSE RESOLUTIONS IN SECOND READING HCR 10 The following, which was held from the March 15 calendar (page 2723), was before the House in second reading: HOUSE CONCURRENT RESOLUTION NO. 10 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to the jurisdiction of standing committees. Amendment No. 1 was offered by Representative Eastman: Page 1, line 8, following "activities.": Insert "When the chair of a standing committee with jurisdiction over programs and activities under (a) of this rule receives written notice by a majority of the members of the standing committee requesting a review of a specific regulation or is requested by a majority vote of the members of the body to review a specific regulation, the chair of the standing committee shall hold a committee hearing to review the regulation identified by the committee or the body within one week after receiving the request." Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Chenault objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCR 10 Second Reading Amendment No. 1 YEAS: 2 NAYS: 35 EXCUSED: 2 ABSENT: 1 Yeas: Eastman, Reinbold 2018-03-19 House Journal Page 2749 Nays: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wilson, Zulkosky Excused: Rauscher, Wool Absent: Tarr And so, Amendment No. 1 was not adopted. The question being: "Shall HCR 10 pass the House?" The roll was taken with the following result: HCR 10 Second Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 2 ABSENT: 1 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson, Zulkosky Nays: Kawasaki, Tuck Excused: Rauscher, Wool Absent: Tarr And so, HCR 10 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE RESOLUTIONS HJR 21 The following, which was advanced to third reading from the March 15 calendar (page 2722), was read the third time: 2018-03-19 House Journal Page 2750 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 21 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. Representative Tuck placed a call of the House. The call was satisfied. The question being: "Shall SSHJR 21 pass the House?" The roll was taken with the following result: SSHJR 21 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Zulkosky Excused: Rauscher, Wool And so, SSHJR 21 passed the House and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Tuck moved and asked unanimous consent that the House ratify the appointment of Dennis "Skip" Cook to the Select Committee on Legislative Ethics. The question being: "Shall the House ratify the appointment of Dennis "Skip" Cook as a public member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Ratify-Dennis "Skip" Cook YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 2018-03-19 House Journal Page 2751 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Zulkosky Excused: Rauscher, Wool And so, the appointment was ratified. HB 289 Representative Claman, citing Uniform Rule 27(b), moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 289 "An Act relating to the fees that may be charged by a consumer credit reporting agency; and relating to the placement of a security freeze on a credit report." There being no objection, HB 289 was withdrawn. SB 93 Representative LeDoux, citing Uniform Rule 39(b), moved and asked unanimous consent to add a Judiciary Committee referral to the following: SENATE BILL NO. 93 "An Act relating to security freezes on the credit reports or records of incapacitated persons and certain minors." There being no objection, SB 93 was removed from the Rules Committee and referred to the Judiciary Committee. RECONSIDERATION HB 213 Representative Wilson brought up reconsideration of the vote on CSHB 213(FIN) (page 2719). 2018-03-19 House Journal Page 2752 The following was before the House in third reading: CS FOR HOUSE BILL NO. 213(FIN) "An Act relating to the investment, appropriation, and administration of the public school trust fund; and providing for an effective date." The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 12:37 p.m. AFTER RECESS The Speaker called the House back to order at 1:05 p.m. **The presence of Representative Wool, who was excused (page 2739), was noted. RECONSIDERATION HB 213 CSHB 213(FIN) was before the House in third reading. Representative Tuck placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSHB 213(FIN) pass the House?" The roll was taken with the following result: CSHB 213(FIN) Third Reading Final Passage Reconsideration YEAS: 21 NAYS: 18 EXCUSED: 1 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Birch, Chenault, Eastman, Johnson, Johnston, Kito, Knopp, Kopp, Millett, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson 2018-03-19 House Journal Page 2753 Excused: Rauscher And so, CSHB 213(FIN) passed the House on reconsideration. Representative Tuck moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 213(FIN) Third Reading Effective Date Reconsideration YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Birch, Eastman, Johnson, Johnston, Kopp, Millett, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Excused: Rauscher And so, lacking the required 27 votes, the effective date clause was not adopted, and the new title follows: CS FOR HOUSE BILL NO. 213(FIN)(efd fld) "An Act relating to the investment, appropriation, and administration of the public school trust fund." CSHB 213(FIN)(efd fld) was referred to the Chief Clerk for engrossment. 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: 2018-03-19 House Journal Page 2754 Representative Johnson - from 5:00 p.m., March 22 to 2:00 p.m., March 25 Representative Reinbold - from noon, March 22 to 10:00 a.m., March 26 (amended from page 2533) SPECIAL ORDER OF BUSINESS Representative Tuck moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - Loyd M. Hodson, 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 citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Loyd M. Hodson By Representatives Reinbold, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky UNFINISHED BUSINESS HCR 10 Representatives Birch and Saddler added as cosponsors and Representative LeDoux removed as a cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 10 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to the jurisdiction of standing committees. HCR 19 Representatives Kawasaki, Spohnholz, Josephson, Drummond, Tuck, and Sullivan-Leonard added as cosponsors to: 2018-03-19 House Journal Page 2755 CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(CRA) am Urging Governor Bill Walker to issue an administrative order recognizing a linguistic emergency. HCR 23 Representative Kreiss-Tomkins added as a cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 23 Supporting enhanced efforts to protect wildlife and domestic animals in the state from infectious diseases, foreign pathogens, and nonendemic parasites. HJR 17 Representative Saddler added as a cosponsor to: HOUSE JOINT RESOLUTION NO. 17 Encouraging the United States Congress to pass legislation giving full military burial rights to Hmong veterans of the Vietnam War. HJR 21 Representatives Lincoln and LeDoux added as cosponsors to: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 21 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. HB 260 Representative Lincoln added as a cosponsor to: HOUSE BILL NO. 260 "An Act relating to electronic possession of certain licenses, tags, and identification cards issued by the Department of Fish and Game; and providing for an effective date." 2018-03-19 House Journal Page 2756 HB 336 Representative Claman added as a cosponsor to: HOUSE BILL NO. 336 "An Act relating to supported decision-making agreements to provide for decision-making assistance; and amending Rule 402, Alaska Rules of Evidence." SB 80 Representative Claman added as a cross sponsor to: CS FOR SENATE BILL NO. 80(L&C) "An Act relating to telecommunications services for certain disabled subscribers; and providing for an effective date." SB 174 Representative Claman added as a cross sponsor to: SENATE BILL NO. 174 "An Act relating to the duties of the Department of Health and Social Services; and relating to the administration of programs for persons with physical and mental disabilities." ENGROSSMENT HCR 10 HCR 10 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HCR 19 CSHCR 19(CRA) am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HJR 21 SSHJR 21 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 213 CSHB 213(FIN)(efd fld) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2018-03-19 House Journal Page 2757 ENROLLMENT HB 321 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 4:47 p.m., March 16: CS FOR HOUSE BILL NO. 321(FIN) am "An Act making supplemental appropriations, capital appropriations, and other appropriations; making appropriations to capitalize funds; amending appropriations; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published under separate cover. The following meetings today were changed: Finance Committee CHANGED TO: 15 min. after adjournment Judiciary Committee CHANGED TO: 15 min. after adjournment Resources Committee CHANGED TO: 5 min. after adjournment ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 20. There being no objection, the House adjourned at 1:41 p.m. Crystaline Jones Chief Clerk