Legislature(2017 - 2018)
2018-05-11 House Journal
Full Journal pdf2018-05-11 House Journal Page 3667 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Friday May 11, 2018 One Hundred Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 11:17 a.m. Roll call showed 39 members present. Representative Saddler was absent and his presence was noted later. The invocation was offered by the Chaplain, Representative Sullivan- Leonard. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With due respect for the religious beliefs of all Alaskans, I offer the following prayer, the prayer of St. Francis: Lord, make me an instrument of your peace. Where there is hatred, let me sow love; where there is injury, pardon; where there is doubt, faith; where there is despair, hope; where there is darkness, light; where there is sadness, joy. O Divine Master, grant that I may not so much seek to be consoled as to console; to be understood as to understand; to be loved as to love. For it is in giving that we receive; it is in pardoning that we are pardoned; and it is in dying that we are born to eternal life. Amen. The Pledge of Allegiance was led by Representative Pruitt. 2018-05-11 House Journal Page 3668 CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 115th 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, In Memoriam - Dr. Thomas L. Conley and In Memoriam - Ethelyn Martin Lopez, 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 citations. There being no objection, the following citations were approved and sent to enrolling: In Memoriam - Dr. Thomas L. Conley By Representatives Kreiss-Tomkins, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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 In Memoriam - Ethelyn Martin Lopez By Representatives Kreiss-Tomkins, Zulkosky, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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 MESSAGES FROM THE SENATE HB 304 A message dated May 10 was read stating the Senate passed CSHB 304(FIN) with the following amendment, and it is transmitted for consideration: 2018-05-11 House Journal Page 3669 SENATE CS FOR CS FOR HOUSE BILL NO. 304(FIN) "An Act relating to the Alaska microloan revolving loan fund and loans from the fund." CSHB 304(FIN) is under Unfinished Business. HB 307 A message dated May 10 was read stating the Senate passed: CS FOR HOUSE BILL NO. 307(JUD) "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings and criminal prosecution; relating to the Department of Public Safety; and providing for an effective date." (SCR 31 - title change resolution) CSHB 307(JUD) is under Unfinished Business. HB 312 A message dated May 10 was read stating the Senate passed: HOUSE BILL NO. 312 "An Act relating to arrest without a warrant for assault in the fourth degree at a health care facility; and relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility." 2018-05-11 House Journal Page 3670 with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 312(RLS) am S "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community if the person has a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017; and providing for an effective date." (SCR 30 - title change resolution) HB 312 is under Unfinished Business. HB 355 A message dated May 10 was read stating the Senate passed CSHB 355(JUD) with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 355(JUD) "An Act relating to the crime of criminally negligent burning; relating to protection of and fire management on forested land; 2018-05-11 House Journal Page 3671 relating to prohibited acts and penalties for prohibited acts on forested land; requiring the Alaska Supreme Court to establish a bail schedule; and providing for an effective date." CSHB 355(JUD) is under Unfinished Business. HB 398 A message dated May 10 was read stating the Senate passed HB 398 with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 398(FIN) "An Act relating to the allocation and apportionment of income of a public utility for purposes of the Alaska Net Income Tax Act; and providing for an effective date." HB 398 is under Unfinished Business. SB 64 A message dated May 10 was read stating the Senate concurred in the House amendment to SB 64, thus adopting: HOUSE CS FOR SENATE BILL NO. 64(RLS) "An Act adopting the Uniform Environmental Covenants Act; relating to environmental real property covenants and notices of activity and use limitation at contaminated sites to ensure the protection of human health, safety, and welfare, and the environment; and providing for an effective date." A message dated May 10 was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 30 SENATE CONCURRENT RESOLUTION NO. 30 by the Senate Rules Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 312, 2018-05-11 House Journal Page 3672 relating to arrest without a warrant for assault in the fourth degree at a health care facility; and relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility. was read the first time and taken up later as a Special Order of Business. SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 by the Senate Judiciary Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 307, requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; and relating to offenses subject to court-martial proceedings. was read the first time taken up later as a Special Order of Business. INTRODUCTION OF CITATIONS The following citations were introduced and taken up as a Special Order of Business: In Memoriam - Dr. Thomas L. Conley By Representative Kreiss-Tomkins In Memoriam - Ethelyn Martin Lopez By Representatives Kreiss-Tomkins, Zulkosky The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Set Free Alaska By Representatives Eastman, Johnson, Neuman, Rauscher, Sullivan- Leonard, Tilton; Senator Shower 2018-05-11 House Journal Page 3673 Honoring - Portugal. The Man By Representatives Grenn, Wool, Sullivan-Leonard In Memoriam - Attorney General Avrum Gross By Senators Egan, Stedman; Representatives Gara, Parish, Kito **The presence of Representative Saddler was noted. CONCUR IN SENATE AMENDMENTS HB 304 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3668) on the following: CS FOR HOUSE BILL NO. 304(FIN) "An Act relating to the Alaska microloan revolving loan fund and loans from the fund." and SENATE CS FOR CS FOR HOUSE BILL NO. 304(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSHB 304(FIN) Concur YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Birch, 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 2018-05-11 House Journal Page 3674 Nays: Eastman Absent: Chenault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 304(FIN). The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. HB 307 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3669) on the following: CS FOR HOUSE BILL NO. 307(JUD) "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings and criminal prosecution; relating to the Department of Public Safety; and providing for an effective date." (SCR 31 - title change resolution) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. 2018-05-11 House Journal Page 3675 The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSHB 307(JUD) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Birch, 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 Absent: Chenault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 307(JUD). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 31 Representative Tuck moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 307, requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; and relating to offenses subject to court-martial proceedings. 2018-05-11 House Journal Page 3676 There being no objection, it was so ordered. The question being: "Shall SCR 31 pass the House?" The roll was taken with the following result: SCR 31 Special Order of Business YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Birch, 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 Absent: Chenault And so, SCR 31 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 312 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3669) on the following: HOUSE BILL NO. 312 "An Act relating to arrest without a warrant for assault in the fourth degree at a health care facility; and relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility." and SENATE CS FOR HOUSE BILL NO. 312(RLS) am S "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree 2018-05-11 House Journal Page 3677 at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community if the person has a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017; and providing for an effective date." (SCR 30 - title change resolution) There being no objection, it was so ordered. Representative Claman rose to a point of order regarding confining comments to the changes of the bill. The Speaker stated that the point was well taken. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS HB 312(RLS) am S Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 2018-05-11 House Journal Page 3678 Yeas: 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 Nays: Eastman And so, the House concurred in the Senate amendment, thus adopting SCS HB 312(RLS) am S. Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 30 Representative Tuck moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 312, relating to arrest without a warrant for assault in the fourth degree at a health care facility; and relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility. There being no objection, it was so ordered. 2018-05-11 House Journal Page 3679 The question being: "Shall SCR 30 pass the House?" The roll was taken with the following result: SCR 30 Special Order of Business YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, 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 Nays: Eastman Absent: Knopp And so, SCR 30 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. Representative Tuck moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Knopp – today CONCUR IN SENATE AMENDMENTS HB 355 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3670) on the following: CS FOR HOUSE BILL NO. 355(JUD) "An Act relating to the crime of criminally negligent burning; relating to protection of and fire management on forested land; relating to prohibited acts and penalties for prohibited acts on forested land; requiring the Alaska Supreme Court to establish a bail schedule; and providing for an effective date." and 2018-05-11 House Journal Page 3680 SENATE CS FOR CS FOR HOUSE BILL NO. 355(JUD) (same title) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSHB 355(JUD) Concur YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Johnson, Josephson, Neuman, Rauscher, Reinbold, Tilton, Wilson Excused: Knopp And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 355(JUD). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. HB 398 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3671) on the following: 2018-05-11 House Journal Page 3681 HOUSE BILL NO. 398 "An Act relating to the allocation and apportionment of income of a public utility for purposes of the Alaska Net Income Tax Act; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 398(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS HB 398(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, 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 Excused: Knopp And so, the House concurred in the Senate amendment, thus adopting SCS HB 398(FIN). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. 2018-05-11 House Journal Page 3682 The Speaker stated that the House would stand at ease; and so, the House stood at ease at 12:26 p.m. AFTER AT EASE The Speaker called the House back to order at 9:14 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 212 A message dated May 11 was read stating the Senate passed CSHB 212(RLS) with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 212(FIN) "An Act relating to funding for school construction and major maintenance; relating to the regional educational attendance area and small municipal school district fund; and providing for an effective date." CSHB 212(RLS) is under Unfinished Business. HB 214 A message dated May 11 was read stating the Senate passed: HOUSE BILL NO. 214 "An Act renaming a portion of the Alaska Safe Children's Act as Bree's Law; relating to Bree's Law programs and Bree's Law activities; relating to dating violence and abuse policy, training, awareness, prevention, and notices; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 214(FIN) "An Act relating to the Department of Education and Early Development; relating to dating violence and abuse training, awareness, prevention, and notices; and establishing the month of February as Teen Dating Violence Awareness and Prevention Month." (SCR 32 - title change resolution) 2018-05-11 House Journal Page 3683 HB 214 is under Unfinished Business. SB 81 A message dated May 11 was read stating the Senate concurred in the House amendment to CSSB 81(HSS), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 81(JUD) "An Act relating to criminal and civil history record checks and requirements; relating to licenses, certifications, appeals, and authorizations by the Department of Health and Social Services; relating to child protection information; and providing for an effective date." A message dated May 11 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 by the Senate Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 214, renaming a portion of the Alaska Safe Children's Act as Bree's Law; relating to Bree's Law programs and Bree's Law activities; and relating to dating violence and abuse policy, training, awareness, prevention, and notices. was read the first time and taken up later as a Special Order of Business. CONCUR IN SENATE AMENDMENTS HB 44 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3638) on the following: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 44(STA) "An Act requiring a legislator to abstain from taking or withholding official action or exerting official influence that could 2018-05-11 House Journal Page 3684 benefit or harm an immediate family member or certain employers; and requiring a legislator to request to be excused from voting in an instance where the legislator may have a financial conflict of interest." and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 44(STA) "An Act relating to campaign expenditures and contributions; relating to the per diem of members of the legislature; relating to limiting gifts by lobbyists to legislators and legislative employees; requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm an immediate family member or certain employers; requiring a legislator to request to be excused from voting in an instance where the legislator may have a financial conflict of interest; and providing for an effective date." (SCR 19 - title change resolution) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSSSHB 44(STA) Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: 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 2018-05-11 House Journal Page 3685 Nays: Eastman And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 44(STA). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 19 Representative Tuck moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 44, requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm an immediate family member or certain employers; and requiring a legislator to request to be excused from voting in an instance where the legislator may have a financial conflict of interest. There being no objection, it was so ordered. The question being: "Shall SCR 19 pass the House?" The roll was taken with the following result: SCR 19 Special Order of Business YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, 2018-05-11 House Journal Page 3686 Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Nays: Eastman And so, SCR 19 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 212 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3682) on the following: CS FOR HOUSE BILL NO. 212(RLS) "An Act relating to funding for school construction and major maintenance; relating to the regional educational attendance area and small municipal school district fund; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 212(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSHB 212(FIN) Concur YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, 2018-05-11 House Journal Page 3687 Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Kito, Tilton, Wilson And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 212(FIN). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. HB 214 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3682) on the following: HOUSE BILL NO. 214 "An Act renaming a portion of the Alaska Safe Children's Act as Bree's Law; relating to Bree's Law programs and Bree's Law activities; relating to dating violence and abuse policy, training, awareness, prevention, and notices; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 214(FIN) "An Act relating to the Department of Education and Early Development; relating to dating violence and abuse training, awareness, prevention, and notices; and establishing the month of February as Teen Dating Violence Awareness and Prevention Month." (SCR 32 - title change resolution) There being no objection, it was so ordered. 2018-05-11 House Journal Page 3688 Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS HB 214(FIN) Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: 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 Nays: Eastman And so, the House concurred in the Senate amendment, thus adopting SCS HB 214(FIN). The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 32 Representative Tuck moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 214, renaming a portion of the Alaska Safe Children's Act as Bree's Law; relating to Bree's Law programs and Bree's Law activities; and relating to dating violence and abuse policy, training, awareness, prevention, and notices. There being no objection, it was so ordered. 2018-05-11 House Journal Page 3689 The question being: "Shall SCR 32 pass the House?" The roll was taken with the following result: SCR 32 Special Order of Business YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: 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 Nays: Eastman And so, SCR 32 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 104 The following was read the second time: CS FOR SENATE BILL NO. 104(2d FIN) "An Act relating to the duties of the Department of Education and Early Development; relating to the duties of the state Board of Education and Early Development; relating to school curricula; and relating to a system for managing student information and records related to individualized education programs for children with disabilities." with the: Journal Page FIN RPT HCS(FIN) 3DP 5NR 3AM 3659 FN4: (EED) 3660 FN5: (EED/FUND CAP) 3660 2018-05-11 House Journal Page 3690 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 104(FIN) (same title) There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 104(FIN) would be held in second reading to tomorrow's calendar. SB 142 The following, which is on today's calendar pending referral, is in the Finance Committee: CS FOR SENATE BILL NO. 142(FIN) am "An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." THIRD READING OF SENATE BILLS SB 80 The following, which was advanced to third reading from the May 10 calendar (page 3646), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 80(L&C) "An Act relating to telecommunications services for certain disabled subscribers; and providing for an effective date." The question being: "Shall HCS CSSB 80(L&C) pass the House?" The roll was taken with the following result: HCS CSSB 80(L&C) Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 2018-05-11 House Journal Page 3691 Yeas: Birch, 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 Nays: Eastman Absent: Chenault And so, HCS CSSB 80(L&C) 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. HCS CSSB 80(L&C) was referred to the Chief Clerk for engrossment. 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 - Joy Merriner 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 Honoring - Dean Gates 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 2018-05-11 House Journal Page 3692 Honoring - Project Appleseed Volunteers By Representatives Eastman, Edgmon, Birch, Chenault, Claman, Drummond, 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 Shower In Memoriam - Geneva Mary Christensen By Representatives Kreiss-Tomkins, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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 In Memoriam - Michael Bangs By Representatives Kreiss-Tomkins, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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 UNFINISHED BUSINESS Representative Tuck moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Gara – from 8:00 a.m., July 12 to 5:00 p.m., July 31 Representative Foster – from 7:00 a.m., July 20 to 10:00 p.m., August 1 Representative Tuck – from 8:00 a.m., May 31 to noon, June 4 HB 31 The following memorandum dated May 11 was received from Lora Brown, Enrolling Secretary, Division of Legal and Research Services, regarding: 2018-05-11 House Journal Page 3693 SENATE CS FOR CS FOR HOUSE BILL NO. 31(STA) "An Act relating to law enforcement training in domestic violence and sexual assault; relating to sexual assault investigation protocols; requiring an inventory and reports on untested sexual assault examination kits; and providing for an effective date." "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in SCS CSHB 31(STA), which have been corrected in enrolling: Page 3, line 9: Delete the first occurrence of "a" Insert "the" Page 3, line 28, following "each": Insert "untested"" HB 44 Representative Kreiss-Tomkins added as a cosponsor to: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 44(STA) "An Act relating to campaign expenditures and contributions; relating to the per diem of members of the legislature; relating to limiting gifts by lobbyists to legislators and legislative employees; requiring a legislator to abstain from taking or withholding official action or exerting official influence that could benefit or harm an immediate family member or certain employers; requiring a legislator to request to be excused from voting in an instance where the legislator may have a financial conflict of interest; and providing for an effective date." HB 214 Representative Eastman removed as a cosponsor to: SENATE CS FOR HOUSE BILL NO. 214(FIN) "An Act relating to the Department of Education and Early Development; relating to dating violence and abuse training, awareness, prevention, and notices; and establishing the month of February as Teen Dating Violence Awareness and Prevention Month." 2018-05-11 House Journal Page 3694 HB 312 Representatives Pruitt, Drummond, and Gara added as cosponsors to: SENATE CS FOR HOUSE BILL NO. 312(RLS) am S "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; authorizing the attorney general to schedule substances by emergency regulation or repeal an emergency regulation that scheduled a substance; relating to arrest without a warrant for assault in the fourth degree at a health care facility; relating to detaining a person for up to 48 hours for the prosecuting authority to demonstrate that release of the person would not reasonably ensure the appearance of the person or will pose a danger to the victim, other persons, or the community if the person has a criminal conviction or charge outside the state; relating to conditions of release for a person who is represented by an attorney or has a criminal conviction or charge outside the state; relating to factors the court is required to consider when determining the conditions of release before trial; relating to the surcharge imposed for violation of state or municipal law; relating to an aggravating factor at sentencing for a felony offense against a medical professional at a health care facility; amending the authority of pretrial services officers to make a warrantless arrest or request the court to issue a warrant for arrest; providing that pretrial services, probation, and parole officers may perform duties relating to pretrial services, probation, and parole; amending Rule 41, Alaska Rules of Criminal Procedure; providing for an effective date by amending the effective date of sec. 71, ch. 1, 4SSLA 2017; and providing for an effective date." SB 80 Representative Josephson added as a cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 80(L&C) "An Act relating to telecommunications services for certain disabled subscribers; and providing for an effective date." ENGROSSMENT SB 80 HCS CSSB 80(L&C) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2018-05-11 House Journal Page 3695 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., May 12. There being no objection, the House adjourned at 10:19 p.m. Crystaline Jones Chief Clerk