Legislature(2017 - 2018)
2018-04-15 House Journal
Full Journal pdf2018-04-15 House Journal Page 3295 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Sunday April 15, 2018 Ninetieth Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 1:14 p.m. Roll call showed 39 members present. Representative Parish was absent, and his presence was noted later. The invocation was offered by the Chaplain, Ted Kelly, House Page. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer: Great God of heaven and earth, We come to sing of your mighty power on this 90th day. Your wisdom, your goodness, your strength emboldens us to be better. We give you thanks for great colleagues and friends in this historical Chamber. We ask that you would resurrect us, opening us petal by petal with your shining love, warming us into life even in the places where we feel just cold and death. We ask that we may know the wisdom when to ask for help and when to pick ourselves up. May we persevere like Elizabeth Peratrovich and be as devoted and loyal as Ted Stevens. Let us remember and give thanks for the economic prosperity of the 1980's, while we commemorate and hold 2018-04-15 House Journal Page 3296 dear all this great state lost in 1964. We all love Alaska; may we radiate that love today and every day. It is another beautiful day to serve Alaska. 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 89th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Tuck moved and asked unanimous consent that the notice and publication requirements be waived and the citations, Honoring - Sophie Woods and Honoring - Senator Kevin Meyer, be taken up as a Special Order of Business. Objection was heard and withdrawn. There being no further objection, it was so ordered. **The presence of Representative Parish was noted. 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 - Sophie Woods By Representatives 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, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky; Senator Hoffman Honoring - Senator Kevin Meyer By Representatives Millett, Birch, Chenault, Edgmon, Claman, Drummond, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, 2018-04-15 House Journal Page 3297 Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky UNFINISHED BUSINESS HJR 34 Representative Eastman, citing Uniform Rule 48(d), moved and asked unanimous consent that the following resolution be discharged from the State Affairs Committee: HOUSE JOINT RESOLUTION NO. 34 Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund, establishing the earnings reserve account, and relating to the permanent fund dividend. There was objection. The question being: "Shall HJR 34 be discharged from the State Affairs Committee?" The roll was taken with the following result: HJR 34 Discharge from the State Affairs Committee YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Johnson, Neuman, Rauscher, Reinbold, Sullivan-Leonard, Talerico, Tilton, Wilson Nays: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky And so, the motion failed. MESSAGES FROM THE SENATE HB 285 A message dated April 14 was read stating the President granted limited powers of free conference to the Senate members of the Conference Committee considering: 2018-04-15 House Journal Page 3298 CS FOR HOUSE BILL NO. 285(FIN) "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 SENATE CS FOR CS FOR HOUSE BILL NO. 285(FIN) (same title) The Speaker granted the limited powers of free conference as requested (page 3277). HB 286 A message dated April 14 was read stating the President granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 286(FIN) am(brf sup maj fld)(efd fld) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; and making supplemental appropriations." and SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "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." (technical title change) The Speaker granted the limited powers of free conference as requested (page 3278). 2018-04-15 House Journal Page 3299 HB 6 A message dated April 14 was read stating the Senate passed: CS FOR HOUSE BILL NO. 6(RES) am "An Act establishing the Jonesville Public Use Area." CSHB 6(RES) am was referred to the Chief Clerk for enrollment. HB 136 A message dated April 14 was read stating the Senate passed: CS FOR HOUSE BILL NO. 136(TRA) "An Act relating to motor vehicle franchises, motor vehicle dealers, motor vehicle manufacturers, and motor vehicle distributors." CSHB 136(TRA) was referred to the Chief Clerk for enrollment. HB 287 A message dated April 14 was read stating the Senate passed HB 287(brf sup maj fld) with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 287(FIN) "An Act making appropriations for public education and transportation of students; and providing for an effective date." HB 287(brf sup maj fld) is under Unfinished Business. A message dated April 14 was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 by Senator Costello: Proclaiming November 2018 as Diabetic Eye Disease Awareness Month. 2018-04-15 House Journal Page 3300 was read the first time and referred to the Health & Social Services Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 185 CS FOR SENATE BILL NO. 185(EDC) by the Senate Education Committee, entitled: "An Act relating to reemployment of persons who retire under the teachers' retirement system." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES SJR 4 The Judiciary Committee considered: CS FOR SENATE JOINT RESOLUTION NO. 4(RES) Urging the United States Congress to pass legislation providing for the exemption of legally acquired walrus, mammoth, and mastodon ivory from laws that ban the sale, use, and possession of ivory. The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (4): Kopp, Kreiss-Tomkins, Stutes, Claman No recommendation (1): LeDoux Amend (1): Eastman The following fiscal note(s) apply: 2. Zero, Senate Resources Committee CSSJR 4(RES) was referred to the Rules Committee for placement on the calendar. 2018-04-15 House Journal Page 3301 INTRODUCTION OF CITATIONS The following citations were introduced and taken up as a Special Order of Business: Honoring - Sophie Woods By Representative Edgmon; Senator Hoffman Honoring - Senator Kevin Meyer By Representatives Millett, Birch, Chenault The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kirsten Swann By Representative Tarr; Senator Begich Honoring - Logan P. Rickheim By Representative Tuck Honoring - Tammy Porter By Representative Kawasaki In Memoriam - Martha Louise Tuharsky By Representative Wilson In Memoriam - Jerome "Jerry" W. Norum By Representatives Kawasaki, Wool In Memoriam - Chellsie Hoffman By Representative Rauscher 2018-04-15 House Journal Page 3302 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 304 The following was read the second time: HOUSE BILL NO. 304 "An Act relating to the Alaska microloan revolving loan fund and loans from the fund." with the: Journal Page L&C RPT 4DP 2NR 2494 FN1: ZERO(CED) 2495 FIN RPT CS(FIN) 7DP 2AM 3183 FN1: ZERO(CED) 3183 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. 304(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 304(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 304(FIN) was read the third time. The question being: "Shall CSHB 304(FIN) pass the House?" The roll was taken with the following result: CSHB 304(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2018-04-15 House Journal Page 3303 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, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky And so, CSHB 304(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 315 The following was read the second time: HOUSE BILL NO. 315 "An Act relating to the confidentiality of certain records on animals and crops; and providing for an effective date." with the: Journal Page JUD RPT 3DP 2NR 1AM 2418 FN1: ZERO(DEC) 2419 RES RPT CS(RES) 1DP 8NR 3002 FN1: ZERO(DEC) 3002 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. 315(RES) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 315(RES) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 315(RES) will advance to third reading on tomorrow's calendar. 2018-04-15 House Journal Page 3304 HB 403 The following was read the second time: HOUSE BILL NO. 403 "An Act relating to the Alaska Life and Health Insurance Guaranty Association; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 2DP 4NR 2761 FN1: ZERO(CED) 2762 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. 403(L&C) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 403(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 403(L&C) will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 316 The following, which was advanced to third reading from the April 14 calendar (page 3283), was read the third time: CS FOR HOUSE BILL NO. 316(FIN) "An Act relating to the release of certain records of convictions; and providing for an effective date." 2018-04-15 House Journal Page 3305 Representative Kopp moved and asked unanimous consent that CSHB 316(FIN) be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Representative Eastman added as a cosponsor to Amendment No. 3 (page 3282). Amendment No. 4 was offered by Representatives Kopp, Wilson, Drummond, and Josephson: Page 1, line 13: Delete "was not convicted of any other charges in that case" Insert "had all other criminal charges acquitted or dismissed in the case by the prosecuting authority and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure" Page 2, line 9: Delete "was not convicted of any other charges in that case" Insert "had all other criminal charges acquitted or dismissed in the case by the prosecuting authority and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure" Representative Kopp moved and asked unanimous consent that Amendment No. 4 be adopted. There was objection. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 316(FIN) Second Reading Amendment No. 4 YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 2018-04-15 House Journal Page 3306 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Zulkosky Nays: Guttenberg, Seaton, Wool And so, Amendment No. 4 was adopted. CSHB 316(FIN) am was automatically in third reading. The question being: "Shall CSHB 316(FIN) am pass the House?" The roll was taken with the following result: CSHB 316(FIN) am Third Reading Final Passage YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, Lincoln, Millett, Ortiz, Parish, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wilson, Wool, Zulkosky Nays: Eastman, Johnson, LeDoux, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Tilton And so, CSHB 316(FIN) am 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. CSHB 316(FIN) am was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 158 The following, which was advanced to third reading from the April 14 calendar (page 3288), was read the third time: 2018-04-15 House Journal Page 3307 SENATE BILL NO. 158 "An Act relating to oil and hazardous substances and waiver of cost recovery for containment and cleanup of certain releases; and providing for an effective date." The question being: "Shall SB 158 pass the House?" The roll was taken with the following result: SB 158 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 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, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky And so, SB 158 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. Representative Lincoln gave notice of reconsideration of the vote on SB 158. 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 - Jorge L. Hernandez By Representatives Tarr, 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, 2018-04-15 House Journal Page 3308 Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky; Senator Begich Honoring - Steve Adams By Representatives Pruitt, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Honoring - Frances Wright and Jerry Weaver Sr. By Representatives LeDoux, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky; Senator Wielechowski In Memoriam - Tanya Taylor-Winchester By Representatives Pruitt, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky In Memoriam - Irene Peratrovich By Representatives Kreiss-Tomkins, Edgmon, Birch, Chenault, Claman, Drummond, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky The Speaker stated that, without objection, the House would revert to: 2018-04-15 House Journal Page 3309 MESSAGES FROM THE SENATE HB 114 A message dated April 15 was read stating the Senate passed HB 114 with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 114(FIN) "An Act relating to boiler and unfired pressure vessel inspection reports and fees." HB 114 is under Unfinished Business. UNFINISHED BUSINESS HB 140 Representative Wilson moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 140 "An Act relating to the right to demand a jury trial in cases involving termination of parental rights; amending Rules 18(b), 18(e), and 18(g), Alaska Child in Need of Aid Rules of Procedure." There being no objection, HB 140 was withdrawn. SB 185 Representative Johnston added as a cross sponsor to: CS FOR SENATE BILL NO. 185(EDC) "An Act relating to reemployment of persons who retire under the teachers' retirement system." ENGROSSMENT HB 221 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration: 2018-04-15 House Journal Page 3310 HOUSE BILL NO. 221 "An Act relating to the duties of the Alaska Commission on Postsecondary Education; relating to a statewide workforce and education-related statistics program; relating to information obtained by the Department of Labor and Workforce Development; and providing for an effective date." HB 304 CSHB 304(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 316 CSHB 316(FIN) am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 339 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration: HOUSE BILL NO. 339 "An Act relating to the base student allocation; and providing for an effective date." ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 13. 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., April 16. Representative Eastman objected. Representative Eastman moved and asked unanimous consent that the House adjourn sine die. 2018-04-15 House Journal Page 3311 There was objection. Representative Wilson placed a call of the House. The call was satisfied. The question being: "Shall the House adjourn sine die?" The roll was taken with the following result: Adjourn Sine Die YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman 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, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky And so, the motion failed. Representative Tuck moved and asked unanimous consent that the House adjourn until 10:30 a.m., April 16. There being no objection, the House adjourned at 3:17 p.m. Crystaline Jones Chief Clerk