Legislature(2019 - 2020)

2019-02-25 House Journal

Full Journal pdf

2019-02-25                     House Journal                      Page 0217
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                         THIRTY-FIRST LEGISLATURE                                                                            
                                                                                                                                
                              FIRST SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday              February 25, 2019                                                       
                                                                                                                                
                             Forty-second Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:07 a.m.                                                                                                            
                                                                                                                                
Roll call showed 38 members present.                                                                                            
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Representatives Neuman and Rasmussen be excused from a call of the                                                              
House today. There being no objection, it was so ordered.                                                                       
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Tom Matthews of                                                              
Douglas Island Bible Church.  Representative Shaw moved and asked                                                               
unanimous consent that the invocation be spread on the journal.  There                                                          
being no objection, it was so ordered.                                                                                          
                                                                                                                                
       Recognizing the variety of faiths that are represented here                                                             
      today, I do thank you for the opportunity to open this day and                                                           
     your week in prayer:                                                                                                       
                                                                                                                                
     Dear Lord:                                                                                                                 
                                                                                                                                
        I praise you and acknowledge my need of you as I pray with                                                             
     the Psalmist who said, I lift up my eyes to the mountains—                                                                 
          where does my help come from?  My help comes from the                                                                
     Lord, the Maker of heaven and earth.                                                                                       
                                                                                                                                
      Another week is starting for the legislature.  A week full of                                                            
       committee meetings where the business of Alaska is discussed                                                            

2019-02-25                     House Journal                      Page 0218
     and its laws are crafted according to the will of the people.                                                              
     These representatives need your guidance today.  As the                                                                    
     Psalmist reminded us, our help truly does come from the                                                                    
     Lord. Thank you for this great country we are living in.  Even                                                             
     with all the turmoil, it is the greatest country in the world!                                                             
     Please enable these representatives to lead our state forward                                                              
     as an example to the rest of our country.  Even with all their                                                             
     diversity, help them to be unified in purpose.  They have a                                                                
     hard job to do, and I ask you to help them to accomplish it.                                                               
     Thank you that I can lift these men and women before you in                                                                
     prayer.  In the name of Jesus Christ I lift this prayer today.                                                             
     Amen.                                                                                                                      
                                                                                                                                
The Pledge of Allegiance was led by Representative Shaw.                                                                        
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the journal for the 38th, 39th, 40th, and 41st legislative days and                                                             
Senate and House Joint Journal Supplement No. 5 be approved as                                                                  
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                        MESSAGES FROM THE GOVERNOR                                                                           
                                                                                                                                
A letter dated February 22 was read stating that, in accordance with                                                            
AS 39.05.080 and art. III, secs. 26 and 27, Constitution of the State of                                                        
Alaska, the Governor submits the following name for legislative                                                                 
confirmation of appointment to the position noted.                                                                              
                                                                                                                                
The Speaker referred the following to the Resources Committee:                                                                  
                                                                                                                                
Board of Game                                                                                                                 
Jerry Burnett – Juneau                                                                                                          
Appointed: 2/21/2019    Term Expires: 6/30/2021                                                                                 
                                                                                                                                
A resume for the appointment is on file in the Chief Clerk's office.                                                            
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-02-25                     House Journal                      Page 0219
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Education & Early Development                                                                                          
Annual Report                                                                                                                   
February 15, 2019                                                                                                               
(as required by AS 14.03.078)                                                                                                   
                                                                                                                                
Regulatory Commission of Alaska                                                                                                 
Report to the Legislature                                                                                                       
February 15, 2019                                                                                                               
(as required by Chapter No. 17, SLA 2018)                                                                                       
                                                                                                                                
The following audit report was received from the Division of                                                                    
Legislative Audit, Legislative Budget & Audit Committee, as required                                                            
by AS 24.20.311:                                                                                                                
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
Alaska Gasline Development Corporation                                                                                          
Select Financial Issues                                                                                                         
July 31, 2018                                                                                                                   
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and taken up later as a Special                                                         
Order of Business:                                                                                                              
                                                                                                                                
Honoring - Richard Burnham                                                                                                      
By Senator Olson; Representative Foster                                                                                         
                                                                                                                                
In Memoriam - Kathleen "Mike" Dalton                                                                                            
By Representative Wilson; Senators Coghill, Birch                                                                               
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Dr. Donn Bennice                                                                                                     
By Senators Wilson, Hughes                                                                                                      
                                                                                                                                

2019-02-25                     House Journal                      Page 0220
In Memoriam - George Wilber Meeker                                                                                              
By Senator Stevens; Representative Vance                                                                                        
                                                                                                                                
In Memoriam - Donald L. Felton                                                                                                  
By Senator Stevens; Representative Vance                                                                                        
                                                                                                                                
In Memoriam - Corwin "Corky" Armstead Matthews                                                                                  
By Senator Wilson                                                                                                               
                                                                                                                                
In Memoriam - Pamela "PJ" Ross                                                                                                  
By Senator Wilson                                                                                                               
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HR 5                                                                                                                          
HOUSE RESOLUTION NO. 5 by Representatives Edgmon and Tuck:                                                                      
                                                                                                                                
     Establishing a House Special Committee on Tribal Affairs.                                                                  
                                                                                                                                
was read the first time and taken up on today's calendar.                                                                       
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 9                                                                                                                          
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 9 by                                                                                      
Representative Rauscher, entitled:                                                                                              
                                                                                                                                
     "An Act relating to criminal law and procedure; relating to                                                                
     controlled substances; relating to victims of criminal offenses;                                                           
     relating to probation; relating to sentencing; relating to treatment                                                       
     program credit for time spent toward service of a sentence of                                                              
     imprisonment; relating to the Violent Crimes Compensation                                                                  
     Board; relating to permanent fund dividends; relating to electronic                                                        
     monitoring; relating to penalties for violating municipal                                                                  
     ordinances; relating to parole; relating to community work                                                                 
     service; relating to the duties of the commissioner of corrections;                                                        
     relating to the duties of the Department of Health and Social                                                              
     Services; relating to civil in rem forfeiture actions; repealing Rules                                                     

2019-02-25                     House Journal                      Page 0221
     38(d) and (e), Alaska Rules of Criminal Procedure; and providing                                                           
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                
HB 70                                                                                                                         
HOUSE BILL NO. 70 by Representative Rasmussen, entitled:                                                                        
                                                                                                                                
     "An Act relating to health education and physical activity                                                                 
     requirements for students in grades kindergarten through eight;                                                            
     and establishing the Thursday in February immediately following                                                            
     Presidents' Day as PLAAY Day."                                                                                             
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs and Education Committees.                                                                                               
                                                                                                                                
HB 71                                                                                                                         
HOUSE BILL NO. 71 by Representatives Story, Shaw, Tuck, and                                                                     
Revak, entitled:                                                                                                                
                                                                                                                                
     "An Act relating to hiring for positions in state service based on                                                         
     substitution of military work experience or training for required                                                          
     civilian work experience or training."                                                                                     
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs and the State Affairs Committee.                                                                   
                                                                                                                                
HB 72                                                                                                                         
HOUSE BILL NO. 72 by Representatives Story, Spohnholz, Revak,                                                                   
and Jackson, entitled:                                                                                                          
                                                                                                                                
     "An Act establishing the month of February as Black History                                                                
     Month."                                                                                                                    
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs Committee.                                                                                                              
                                                                                                                                
HB 73                                                                                                                         
HOUSE BILL NO. 73 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         

2019-02-25                     House Journal                      Page 0222
     "An Act establishing an exception from permit and fee                                                                      
     requirements for certain charitable gaming activities; relating to                                                         
     fees for applicants for a charitable gaming permit; amending the                                                           
     definition of 'permittee'; and providing for an effective date."                                                           
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs, Labor & Commerce, and Finance Committees.                                                                              
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
The Governor's transmittal letter dated February 21 follows:                                                                    
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill that would reduce unnecessary                                                            
regulatory requirements for municipalities and qualified organizations                                                          
operating small charitable gaming fundraisers.                                                                                  
                                                                                                                                
Per AS 05.15.690(39), a "qualified organization" means "a bona fide                                                             
civic or service organization or a bona fide religious, charitable,                                                             
fraternal, veterans, labor, political, or educational organization, police                                                      
or fire department and company, dog mushers' association, outboard                                                              
motor association, or fishing derby or nonprofit trade association in                                                           
the state, that operates without profits to its members and that has been                                                       
in existence continually for a period of three years immediately before                                                         
applying for the license or permit; the organization may be a firm,                                                             
corporation, company, association, or partnership."                                                                             
                                                                                                                                
The bill would provide that a charitable gaming permit or fee is no                                                             
longer required for a qualified organization that did not hold a permit                                                         
during the preceding year or that had gross receipts of less than                                                               
$20,000 from charitable gaming fundraisers during the preceding year.                                                           
The bill would have a positive impact on about 400 permittees by                                                                
reducing costs and regulatory burdens of reporting for small charitable                                                         
gaming activities. The qualified organization will still need to certify                                                        
to the State of Alaska each year that all charitable gaming activities                                                          
were conducted by law.                                                                                                          

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I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor"                                                                                                                       
                                                                                                                                
HB 74                                                                                                                         
HOUSE BILL NO. 74 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act repealing the ocean rangers program; and providing for                                                             
     an effective date."                                                                                                        
                                                                                                                                
was read the first time and referred to the State Affairs, Resources, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Environmental Conservation                                                                                 
2.  Fiscal, Dept. of Environmental Conservation                                                                                 
3.  Fiscal, Dept. of Environmental Conservation                                                                                 
4.  Fiscal, Dept. of Environmental Conservation                                                                                 
                                                                                                                                
The Governor's transmittal letter dated February 21 follows:                                                                    
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill repealing the Ocean Rangers                                                              
Program.                                                                                                                        
                                                                                                                                
The Ocean Rangers Program, codified at AS 46.03.476, requires large                                                             
commercial vessels operating in state waters to have independent                                                                
observers, "ocean rangers," on board to monitor compliance with                                                                 
marine discharge and pollution laws. To pay for the program, AS                                                                 
46.03.480(d) imposes a $4 fee for each berth on commercial passenger                                                            
vessels with 250 or more berths. The Department of Environmental                                                                
Conservation (DEC) administers the program indirectly through a                                                                 
contractor that hires and supervises the rangers.                                                                               

2019-02-25                     House Journal                      Page 0224
This program provides limited benefit to residents of the state but                                                             
imposes a $4 fee for each berth on large commercial passenger                                                                   
vessels. Repealing the program will reduce the state's budget by nearly                                                         
$4,000,000.00 each year.                                                                                                        
                                                                                                                                
Eliminating this program does not significantly affect the regulation of                                                        
cruise ships in state water. The program itself does not establish                                                              
substantive environmental standards. Department permitting and                                                                  
compliance staff will still monitor cruise ships for compliance with                                                            
state wastewater and air quality permits and regulations through                                                                
records reviews, inspections in port, opacity monitoring, and vessel                                                            
tracking.                                                                                                                       
                                                                                                                                
The existing Ocean Rangers contract expires on October 31, 2019. The                                                            
effective date of January 1, 2020 would allow the program to run                                                                
through the summer 2019 cruise ship season and complete any post-                                                               
season work or fee reconciliation.                                                                                              
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor"                                                                                                                       
                                                                                                                                
HB 75                                                                                                                         
HOUSE BILL NO. 75 by Representatives Rasmussen and Tuck,                                                                        
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to funding for Internet services for school                                                               
     districts; and relating to the Alaska higher education investment                                                          
     fund."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                   SECOND READING OF HOUSE RESOLUTIONS                                                                       
                                                                                                                                
HR 5                                                                                                                          
The following was read the second time:                                                                                         
                                                                                                                                

2019-02-25                     House Journal                      Page 0225
     HOUSE RESOLUTION NO. 5                                                                                                     
     Establishing a House Special Committee on Tribal Affairs.                                                                  
                                                                                                                                
Amendment No. 1 was offered by Representatives Zulkosky and                                                                     
Wilson:                                                                                                                         
                                                                                                                                
Page 2, lines 1 - 2:                                                                                                            
                                                                                                                                
 Delete "and sovereignty of"                                                                                                    
                                                                                                                                
Representative Zulkosky moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HR 5                                                                                                                            
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson,                                                                 
Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick,                                                                   
Ortiz, Pruitt, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                                 
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance,                                                                
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Neuman, Rasmussen                                                                                                     
                                                                                                                                
And so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
The question being:  "Shall HR 5 am pass the House?"  The roll was                                                              
taken with the following result:                                                                                                
                                                                                                                                
HR 5 am                                                                                                                         
Second Reading                                                                                                                  
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2019-02-25                     House Journal                      Page 0226
Yeas:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster,                                                                     
Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp,                                                                  
Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Ortiz,                                                                   
Pruitt, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                                        
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance,                                                                
Wilson, Wool, Zulkosky                                                                                                          
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Neuman, Rasmussen                                                                                                     
                                                                                                                                
And so, HR 5 am passed the House and was referred to the Chief                                                                  
Clerk for engrossment and enrollment.                                                                                           
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Thompson 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 - Jim Jansen                                                                                                           
By Senators Birch, von Imhof; Representative Kopp                                                                               
                                                                                                                                
Honoring - National Engineers Week 2019                                                                                         
By Senator Birch                                                                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
The Speaker made the following appointments:                                                                                    
                                                                                                                                
Pursuant to AS 44.19.642, the Speaker appointed Representative                                                                  
Claman to the Alaska Criminal Justice Commission.                                                                               
                                                                                                                                
HR 5                                                                                                                          
House Special Committee on Tribal Affairs:  Zulkosky, Chair;                                                                    
Edgmon, Vice Chair; Lincoln, Kopp, Kreiss-Tomkins, Talerico                                                                     
                                                                                                                                
Representative Thompson 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:                                                                          
                                                                                                                                

2019-02-25                     House Journal                      Page 0227
Representative Stutes – from noon, February 26 to 2:00 p.m., March 3                                                            
                                                                                                                                
Representative Vance – from 5:45 a.m., February 28 to 10:30 p.m.,                                                               
March 4                                                                                                                         
                                                                                                                                
Representative Rasmussen – from 11:30 a.m., March 1 to 10:30 a.m.,                                                              
March 4                                                                                                                         
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the notice and publication requirements be waived and the citations,                                                            
Honoring - Richard Burnham and In Memoriam - Kathleen "Mike"                                                                    
Dalton, be taken up as a Special Order of Business.  There being no                                                             
objection, it was so ordered.                                                                                                   
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House approve the citations.  There being no objection, the                                                                 
following citations were approved and sent to enrolling:                                                                        
                                                                                                                                
Honoring - Richard Burnham                                                                                                      
By Senator Olson; Representative Foster                                                                                         
                                                                                                                                
In Memoriam - Kathleen "Mike" Dalton                                                                                            
By Representative Wilson; Senators Coghill, Birch                                                                               
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 3                                                                                                                          
Representative Revak added as a cosponsor to:                                                                                   
                                                                                                                                
     HOUSE BILL NO. 3                                                                                                           
     "An Act relating to the purchase and sale of state land; relating to                                                       
     discounts for veterans on state land purchases; and relating to                                                            
     assignments of permanent fund dividends."                                                                                  
                                                                                                                                
HB 44                                                                                                                         
Representative Revak added as a cosponsor to:                                                                                   
                                                                                                                                
                                                                                                                                

2019-02-25                     House Journal                      Page 0228
     HOUSE BILL NO. 44                                                                                                          
     "An Act relating to fees for using an automated teller machine;                                                            
     and providing for an effective date."                                                                                      
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House adjourn until 10:00 a.m., February 27.  There being no                                                                
objection, the House adjourned at 12:06 p.m.                                                                                    
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk