Legislature(2017 - 2018)

2018-05-02 House Journal

Full Journal pdf

2018-05-02                     House Journal                      Page 3535
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                          THIRTIETH LEGISLATURE                                                                              
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                 Wednesday                    May 2, 2018                                                       
                                                                                                                                
                         One Hundred Seventh Day                                                                           
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 12:40 p.m.                                                                                                            
                                                                                                                                
Roll call showed 37 members present.  Representatives Chenault and                                                              
Thompson had been excused from a call of the House today.                                                                       
Representative Drummond was absent and her presence was noted                                                                   
later.                                                                                                                          
                                                                                                                                
The invocation was offered by the Chaplain, Representative Stutes.                                                              
Representative Ortiz moved and asked unanimous consent that the                                                                 
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    I offer this prayer with the greatest respect for all religious                                                             
    beliefs:                                                                                                                    
                                                                                                                                
    Almighty God, whose hands hold all matters of life, give us                                                                 
    grace in the work that we do.  Help us to give it the careful                                                               
    thought and the strict attention that will lead to success.                                                                 
                                                                                                                                
    Watch over us and govern our actions that we may not mar its                                                                
    perfection.  Show us how to give our best and let us not                                                                    
    despise the toil that is necessary to complete it.  Make our life                                                           
    a successful one, in that every duty you give to us, we do it                                                               
    well.  Give us the blessing of your help and guidance and                                                                   
    suffer us not to fail.  In Jesus' name.  Amen.                                                                              
                                                                                                                                

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The Pledge of Allegiance was led by Representative Kopp.                                                                        
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 106th legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
HCR 30                                                                                                                        
A message dated May 1 was read stating the Senate passed:                                                                       
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 30                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Bill No. 163,                                                               
    relating to commercial motor vehicles.                                                                                      
                                                                                                                                
HCR 30 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HCR 33                                                                                                                        
A message dated May 1 was read stating the Senate passed:                                                                       
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 33                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Bill No. 134,                                                               
    relating to the appointment of guardians ad litem; relating to                                                              
    petitions and proceedings for termination of parental rights; and                                                           
    amending Rules 1 and 6, Alaska Adoption Rules.                                                                              
                                                                                                                                
HCR 33 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 221                                                                                                                        
A message dated May 1 was read stating the Senate passed:                                                                       
                                                                                                                                
    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                                                               

2018-05-02                     House Journal                      Page 3537
    obtained by the Department of Labor and Workforce                                                                           
    Development; and providing for an effective date."                                                                          
                                                                                                                                
HB 221 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 267                                                                                                                        
A message dated May 1 was read stating the Senate passed:                                                                       
                                                                                                                                
    CS FOR HOUSE BILL NO. 267(RES)                                                                                              
    "An Act requiring the release of certain records relating to big                                                            
    game hunters, guided hunts, and guided sport fishing activities to                                                          
    municipalities for verification of taxes payable; and providing for                                                         
    an effective date."                                                                                                         
                                                                                                                                
CSHB 267(RES) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
HB 318                                                                                                                        
A message dated May 1 was read stating the Senate passed:                                                                       
                                                                                                                                
    CS FOR HOUSE BILL NO. 318(FIN)                                                                                              
    "An Act extending the termination date of the Board of Social                                                               
    Work Examiners; relating to the composition of the Board of                                                                 
      Social Work Examiners; and providing for an effective date."                                                             
                                                                                                                                
CSHB 318(FIN) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 331                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 331                                                                                                          
    "An Act establishing the Alaska Tax Credit Certificate Bond                                                                 
    Corporation; relating to purchases of tax credit certificates;                                                              
    relating to overriding royalty interest agreements; and providing                                                           
    for an effective date."                                                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
                                                                                                                                

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    CS FOR HOUSE BILL NO. 331(FIN)                                                                                              
    "An Act establishing the Alaska Tax Credit Certificate Bond                                                                 
    Corporation; relating to the issuance of bonds by the Alaska Tax                                                            
    Credit Certificate Bond Corporation; relating to purchases of tax                                                           
    credit certificates and refunds and payments of tax credits; relating                                                       
    to the oil and gas tax credit fund; relating to overriding royalty                                                          
    interest agreements; providing for an effective date by repealing                                                           
    the effective date of secs. 2, 5, 8, 10, 31, 37, and 40, ch. 3, SSSLA                                                       
    2017; and providing for an effective date."                                                                                 
                                                                                                                                
The report was signed by Representatives Seaton and Foster, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Wilson, Pruitt, Grenn, Seaton                                                                                     
                                                                                                                                
Do not pass (1):  Guttenberg                                                                                                    
                                                                                                                                
No recommendation (4):  Gara, Ortiz, Tilton, Foster                                                                             
                                                                                                                                
Amend (2):  Kawasaki, Neuman (alternate)                                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 331(FIN):                                                                            
                                                                                                                                
1.  Zero, Dept. of Natural Resources                                                                                            
3.  Fiscal, Dept. of Revenue                                                                                                    
4.  Fiscal, Dept. of Revenue                                                                                                    
5.  Fiscal, Dept. of Revenue/Debt Service                                                                                       
                                                                                                                                
HB 331 is on today's calendar.                                                                                                  
                                                                                                                                
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
SB 26                                                                                                                         
The Conference Committee considering:                                                                                           
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 26(FIN)(efd                                                                             
    fld H)                                                                                                                      
    "An Act relating to an appropriation limit; relating to the budget                                                          
    responsibilities of the governor; relating to the Alaska permanent                                                          
    fund, the earnings of the Alaska permanent fund, and the earnings                                                           

2018-05-02                     House Journal                      Page 3539
    reserve account; relating to the mental health trust fund; relating to                                                      
    deposits into the dividend fund; and relating to the calculation and                                                        
    payment of permanent fund dividends."                                                                                       
                                                                                                                                
and                                                                                                                             
                                                                                                                                
    CS FOR SENATE BILL NO. 26(FIN)                                                                                              
    "An Act relating to an appropriation limit; relating to the budget                                                          
    responsibilities of the governor; relating to the Alaska permanent                                                          
    fund, the earnings of the Alaska permanent fund, and the earnings                                                           
    reserve account; relating to the mental health trust fund; relating to                                                      
    deposits into the dividend fund; relating to the calculation and                                                            
    payment of permanent fund dividends; and providing for an                                                                   
    effective date."                                                                                                            
                                                                                                                                
    (technical title change)                                                                                                    
                                                                                                                                
requests limited powers of free conference on sections 1, 8, 9, 12, 13,                                                         
21, and 22 in the Senate version and sections 6, 8, 9, 12, and 15 of the                                                        
House version of SB 26.                                                                                                         
                                                                                                                                
The request was signed by Representatives Foster (Chair), Seaton,                                                               
Millett (alternate); and Senators Hoffman, Egan.                                                                                
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citation was introduced and referred to the Rules                                                                 
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Bruce J. Hanson                                                                                                      
By Senator Coghill; Representative Wilson                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                

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                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 331                                                                                                                        
The Speaker stated that, without objection, the following would be                                                              
held to tomorrow's calendar:                                                                                                    
                                                                                                                                
    HOUSE BILL NO. 331                                                                                                          
    "An Act establishing the Alaska Tax Credit Certificate Bond                                                                 
    Corporation; relating to purchases of tax credit certificates;                                                              
    relating to overriding royalty interest agreements; and providing                                                           
    for an effective date."                                                                                                     
                                                                                                                                
                     SECOND READING OF SENATE BILLS                                                                          
                                                                                                                                
SB 107                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    SENATE BILL NO. 107                                                                                                         
    "An Act relating to the Alaska capital income fund."                                                                        
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 FIN RPT 7DP 3NR                                                    3161                                                        
 FN2: ZERO(H.FIN)                                                   3161                                                        
                                                                                                                                
**The presence of Representative Drummond was noted.                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that SB 107                                                               
be considered engrossed, advanced to third reading, and placed on                                                               
final passage.                                                                                                                  
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
SB 107 will advance to third reading on tomorrow's calendar.                                                                    
                                                                                                                                
SB 169                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                

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    CS FOR SENATE BILL NO. 169(RLS)                                                                                             
    "An Act relating to the definition of 'direct supervision' for                                                              
    purposes of medical assistance coverage of behavioral health                                                                
    clinic services."                                                                                                           
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 HSS RPT 4DP 2NR                                                    3006                                                        
 FN2: ZERO(DHS)                                                     3007                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that CSSB                                                                 
169(RLS) be considered engrossed, advanced to third reading, and                                                                
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSSB 169(RLS) will advance to third reading on tomorrow's calendar.                                                             
                                                                                                                                
                      THIRD READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 177                                                                                                                        
The following, which was advanced to third reading from the May 1                                                               
calendar (page 3516), was read the third time:                                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 177(FIN)                                                                                              
    "An Act relating to the response to, and control of, aquatic                                                                
    invasive species; establishing the aquatic invasive species                                                                 
    response fund; and relating to the provision of information about                                                           
    aquatic invasive species to certain persons registering or                                                                  
    transporting boats."                                                                                                        
                                                                                                                                
The question being:  "Shall CSHB 177(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 177(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2018-05-02                     House Journal                      Page 3542
Yeas:  Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn,                                                                    
Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp,                                                                
Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt,                                                          
Rauscher, Reinbold, Seaton, Spohnholz, Stutes, Sullivan-Leonard,                                                                
Talerico, Tarr, Tuck, Wool, Zulkosky                                                                                            
                                                                                                                                
Nays:  Eastman, Neuman, Saddler, Tilton, Wilson                                                                                 
                                                                                                                                
Excused:  Chenault, Thompson                                                                                                    
                                                                                                                                
And so, CSHB 177(FIN) passed the House and was referred to the                                                                  
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                   SECOND READING OF HOUSE RESOLUTIONS                                                                       
                                                                                                                                
HR 8                                                                                                                          
The Speaker stated that, without objection, the following would be                                                              
held to tomorrow's calendar:                                                                                                    
                                                                                                                                
    HOUSE RESOLUTION NO. 8                                                                                                      
    Requesting the National Oceanic and Atmospheric Administration                                                              
    to locate its Alaska-focused employees, programs, and assets in                                                             
    the state.                                                                                                                  
                                                                                                                                
                          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 - Lea Bouton                                                                                                           
By Representatives Grenn, Edgmon, Birch, Chenault, Claman,                                                                      
Drummond, Eastman, Foster, Gara, 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                                                                                  
                                                                                                                                
Honoring - Joshua Dossett, Ketchikan Deputy Chief of Police                                                                     
By Representatives Ortiz, Edgmon, Birch, Chenault, Claman,                                                                      
Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson,                                                                    

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Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins,                                                                      
LeDoux, Lincoln, Millett, Neuman, Parish, Pruitt, Rauscher, Reinbold,                                                           
Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                           
Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky; Senator Stedman                                                                 
                                                                                                                                
Honoring - Jean Pollard                                                                                                         
By Representatives Spohnholz, 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, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                            
Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky                                                                                  
                                                                                                                                
In Memoriam - Thomas Finegan                                                                                                    
By Representatives Spohnholz, 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, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                            
Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky; Senator                                                                         
Wielechowski                                                                                                                    
                                                                                                                                
                           SENSE OF THE HOUSE                                                                                
                                                                                                                                
The following Sense of the House was offered by Representative                                                                  
Eastman:                                                                                                                        
                                                                                                                                
"It is the sense of the House that Alaska should join the states of                                                             
Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and                                                               
West Virginia in the multi-state coalition lawsuit filed yesterday to                                                           
protect the rule of law and end the unconstitutional Obama-era                                                                  
Deferred Action for Childhood Arrivals (DACA) Program, which                                                                    
granted lawful presence and work permits to nearly one million                                                                  
unlawfully present aliens without congressional approval.                                                                       
                                                                                                                                
The Constitution guarantees the American people the right to set their                                                          
own immigration policies through their representatives in Congress.                                                             
The federal executive branch lacks the power to unilaterally grant                                                              
unlawfully present aliens lawful presence and work authorization. Left                                                          
intact, DACA sets a dangerous precedent by giving the executive                                                                 

2018-05-02                     House Journal                      Page 3544
branch sweeping authority to ignore the laws enacted by Congress and                                                            
change our nation's immigration laws to suit a president's own                                                                  
preferences.                                                                                                                    
                                                                                                                                
The danger DACA poses goes far beyond the consequences it poses                                                                 
for our nation's immigration system. It invites future presidents to                                                            
ignore the law, ignore the will of the people, and set their own policies                                                       
on the 2nd Amendment, privacy rights, drug laws, or any other                                                                   
important issue debated in Congress. Left unchallenged, DACA will                                                               
encourage lawlessness within the federal government and at our                                                                  
borders."                                                                                                                       
                                                                                                                                
Representative Eastman moved that the Sense of the House be                                                                     
adopted.                                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
Sense of the House be referred to the State Affairs and Judiciary                                                               
Committees.                                                                                                                     
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall the Sense of the House be referred to the                                                           
State Affairs and Judiciary Committees?"  The roll was taken with the                                                           
following result:                                                                                                               
                                                                                                                                
Sense of the House                                                                                                              
Refer to the STA and JUD Committees                                                                                             
                                                                                                                                
YEAS:  29   NAYS:  9   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, 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, Tuck, Wool, Zulkosky                                                                  
                                                                                                                                
Nays:  Eastman, Johnson, Neuman, Rauscher, Reinbold,                                                                            
Sullivan-Leonard, Talerico, Tilton, Wilson                                                                                      
                                                                                                                                
Excused:  Chenault, Thompson                                                                                                    
                                                                                                                                
And so, the Sense of the House was referred to the State Affairs and                                                            
Judiciary Committees.                                                                                                           

2018-05-02                     House Journal                      Page 3545
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 20                                                                                                                         
Representative Drummond added as a cosponsor to:                                                                                
                                                                                                                                
    CS FOR HOUSE BILL NO. 20(JUD)                                                                                               
    "An Act relating to marriage solemnization; and authorizing                                                                 
    elected public officials in the state to solemnize marriages."                                                              
                                                                                                                                
HB 177                                                                                                                        
Representatives Drummond and Stutes added as cosponsors to:                                                                     
                                                                                                                                
    CS FOR HOUSE BILL NO. 177(FIN)                                                                                              
    "An Act relating to the response to, and control of, aquatic                                                                
    invasive species; establishing the aquatic invasive species                                                                 
    response fund; and relating to the provision of information about                                                           
    aquatic invasive species to certain persons registering or                                                                  
    transporting boats."                                                                                                        
                                                                                                                                
SB 169                                                                                                                        
Representative Gara added as a cross sponsor to:                                                                                
                                                                                                                                
    CS FOR SENATE BILL NO. 169(RLS)                                                                                             
    "An Act relating to the definition of 'direct supervision' for                                                              
    purposes of medical assistance coverage of behavioral health                                                                
    clinic services."                                                                                                           
                                                                                                                                
SB 185                                                                                                                        
Representative Lincoln 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 177                                                                                                                        
CSHB 177(FIN) was engrossed, signed by the Speaker and Chief                                                                    
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                

2018-05-02                     House Journal                      Page 3546
                              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.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Resources Committee                                                                                                             
CHANGED TO:                                                     2:00 p.m.                                                       
                                                                                                                                
State Affairs Committee                                                                                                         
CHANGED TO:                                    10 min. after adjournment                                                        
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 10:30 a.m., May 3.  There being no objection, the                                                           
House adjourned at 1:29 p.m.                                                                                                    
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk