Legislature(2019 - 2020)

2019-03-11 House Journal

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                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        THIRTY-FIRST LEGISLATURE                                                                             
                                                                                                                                
                             FIRST SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday                 March 11, 2019                                                        
                                                                                                                                
                            Fifty-sixth Day                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:07 a.m.                                                                                                            
                                                                                                                                
Roll call showed 39 members present.  Representative Merrick had                                                                
been excused from a call of the House today.                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Mike Rose of                                                                 
Juneau Christian Center.  Representative Shaw moved and asked                                                                   
unanimous consent that the invocation be spread on the journal.  There                                                          
being no objection, it was so ordered.                                                                                          
                                                                                                                                
    In deepest respect for the religious beliefs of each person here,                                                           
    I invite you into a time of prayer and reflection:                                                                          
                                                                                                                                
    Let's pray. Heavenly Father, thank you for your goodness and                                                                
    faithfulness to us today. Grant us wisdom to make the most of                                                               
    every day as we look for opportunities to build up and help                                                                 
    those around us.                                                                                                            
                                                                                                                                
    Lord, when we are confronted with the intense pressure and                                                                  
    struggles of life please help us to remember the saying:  All                                                               
    the water in the world however hard it tried could never ever                                                               
    sink a ship unless it got inside. All the troubles in this life                                                             
    might wear you pretty thin, but they won't hurt you one least                                                               
    bit unless you let them in.                                                                                                 
                                                                                                                                
                                                                                                                                

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    Help us to follow the Apostle Paul's exhortation regarding                                                                  
    anxiety and worry when he said, Don't worry about anything;                                                                 
    instead, pray about everything. Tell God what you need, and                                                                 
    thank him for all he has done. Then you will experience God's                                                               
    peace, which exceeds anything we can understand. Lord,                                                                      
    thank you for answers to prayer. Amen.                                                                                      
                                                                                                                                
The Pledge of Allegiance was led by Representative Talerico.                                                                    
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the journal for the 53rd, 54th, and 55th legislative days be approved as                                                        
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Thompson introduced his son, Max Thompson, Guest                                                                 
Page, from Fairbanks.                                                                                                           
                                                                                                                                
Representative Vance introduced her daughter, Hannah Vance, Guest                                                               
Page, from Homer.                                                                                                               
                                                                                                                                
Representative Johnston introduced Keiko Wilson, Guest Page, from                                                               
Anchorage.                                                                                                                      
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
A letter dated March 8 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:                                                                  
                                                                                                                                
Alaska Oil and Gas Conservation Commission                                                                                    
Jessie Chmielowski – Anchorage                                                                                                  
Appointed: 3/7/2019    Term Expires: 3/1/2025                                                                                   
                                                                                                                                
A resume for the appointment is on file in the Chief Clerk's office.                                                            
                                                                                                                                

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                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
The Resources Committee reviewed the qualifications of the following                                                            
and recommends the appointment be forwarded to a joint session for                                                              
consideration:                                                                                                                  
                                                                                                                                
                          Douglas Vincent-Lang                                                                                 
                                                                                                                                
as Commissioner of the Department of Fish and Game.                                                                             
                                                                                                                                
The report was signed by Representative Lincoln, Co-chair; and                                                                  
Representatives Tuck, Hannan, Talerico, Spohnholz, Rasmussen,                                                                   
Rauscher, and Hopkins.                                                                                                          
                                                                                                                                
SJR 7                                                                                                                         
The Resources Committee considered:                                                                                             
                                                                                                                                
    SENATE JOINT RESOLUTION NO. 7                                                                                               
    Requesting that the United States Department of the Interior                                                                
    Bureau of Land Management implement an oil and gas leasing                                                                  
    program in the coastal plain of the Arctic National Wildlife                                                                
    Refuge.                                                                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
            HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(RES)                                                                    
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Lincoln, Co-chair, with the                                                             
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Talerico, Rauscher, Rasmussen, Lincoln                                                                            
                                                                                                                                
Do not pass (1):  Hannan                                                                                                        
                                                                                                                                
No recommendation (1):  Hopkins                                                                                                 
                                                                                                                                
Amend (2):  Tuck, Spohnholz                                                                                                     
                                                                                                                                
                                                                                                                                

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The following fiscal note(s) apply to HCS SJR 7(RES):                                                                           
                                                                                                                                
1.  Zero, Senate Resources Committee                                                                                            
                                                                                                                                
SJR 7 is on today's calendar.                                                                                                   
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Kay Groff, Cordova Citizen of the Year                                                                               
By Senator Stevens; Representative Stutes                                                                                       
                                                                                                                                
In Memoriam - Dr. Ronald Charles Brockman                                                                                       
By Senator Stevens; Representative Stutes                                                                                       
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 20                                                                                                                         
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20 by                                                                                     
Representatives Tarr, Spohnholz, Tuck, Rauscher, Hopkins, Fields,                                                               
and Drummond, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to sexual assault; relating to the definitions of                                                          
    'without consent' and 'consent'; relating to failure to report a                                                            
    violent crime; relating to sexual misconduct under the code of                                                              
    military justice; requiring law enforcement agencies to test sexual                                                         
    assault examination kits; requiring notification of completion of                                                           
    testing; relating to reports on untested sexual assault examination                                                         
    kits; and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 89                                                                                                                         
HOUSE BILL NO. 89 by Representatives Spohnholz, Tuck, and                                                                       
Drummond, entitled:                                                                                                             
                                                                                                                                

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    "An Act relating to the prescription of opioids; relating to the                                                            
    practice of dentistry; relating to the practice of medicine; relating                                                       
    to the practice of podiatry; relating to the practice of osteopathy;                                                        
    relating to the practice of nursing; relating to the practice of                                                            
    optometry; and relating to the practice of pharmacy."                                                                       
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
HB 90                                                                                                                         
HOUSE BILL NO. 90 by Representative Spohnholz, entitled:                                                                        
                                                                                                                                
    "An Act relating to the definition of political party; and providing                                                        
    for an effective date."                                                                                                     
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                  SECOND READING OF SENATE RESOLUTIONS                                                                       
                                                                                                                                
SJR 7                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    SENATE JOINT RESOLUTION NO. 7                                                                                               
    Requesting that the United States Department of the Interior                                                                
    Bureau of Land Management implement an oil and gas leasing                                                                  
    program in the coastal plain of the Arctic National Wildlife                                                                
    Refuge.                                                                                                                     
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 RES RPT HCS(RES) 4DP 1DNP 1NR 2AM                                   289                                                        
 FN1: ZERO(S.RES)                                                    290                                                        
                                                                                                                                
Representative Eastman rose to a point of order, citing Uniform Rules                                                           
49 and 18, and objected to SJR 7 being on today's calendar.                                                                     
                                                                                                                                
The Speaker ruled the objection out of order.                                                                                   

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Representative Eastman appealed the ruling of the chair.                                                                        
                                                                                                                                
The question being:  "Shall the ruling of the Chair be sustained?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
Consider Daily Calendar/SJR 7                                                                                                   
Sustain Ruling of the Chair                                                                                                     
                                                                                                                                
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Jackson, Johnston, Josephson, Knopp, Kopp,                                                                             
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Ortiz, Rasmussen, Shaw,                                                                 
Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wilson, Wool,                                                                   
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Carpenter, Eastman, Johnson, Neuman, Pruitt, Rauscher,                                                                   
Revak, Sullivan-Leonard, Talerico, Tilton, Vance                                                                                
                                                                                                                                
Excused:  Merrick                                                                                                               
                                                                                                                                
And so, the ruling of the Chair was sustained.                                                                                  
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the following committee substitute be adopted in lieu of the original                                                           
resolution:                                                                                                                     
                                                                                                                                
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(RES)                                                                             
    (same title)                                                                                                                
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall HCS SJR 7(RES) be adopted in lieu of the                                                            
original resolution?" The roll was taken with the following result:                                                             
                                                                                                                                
HCS SJR 7(RES)                                                                                                                  
Second Reading                                                                                                                  
Adopt RES CS                                                                                                                    
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson,                                                                 
Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Neuman,                                                                    

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Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story,                                                              
Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck,                                                               
Vance, Wilson, Wool, Zulkosky                                                                                                   
                                                                                                                                
Excused:  Merrick                                                                                                               
                                                                                                                                
And so, HCS SJR 7(RES) was adopted.                                                                                             
                                                                                                                                
Amendment No. 1 was not offered.                                                                                                
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 3, following "Refuge" (title amendment):                                                                         
    Insert "; and urging the United States Congress to amend the                                                              
Tax Cuts and Jobs Act to honor the Alaska Statehood Act with                                                                  
respect to the state's share of bonuses, royalties, and rentals from                                                          
exploration and development in the Arctic National Wildlife                                                                   
Refuge"                                                                                                                       
                                                                                                                                
Page 2, following line 14:                                                                                                      
    Insert new material to read:                                                                                                
    "WHEREAS sec. 28 of the Alaska Statehood Act provides, "[a]ll                                                             
net profits from operation of Government mines, and all bonuses,                                                                
royalties, and rentals under leases as herein provided and all other                                                            
payments received under this Act shall be distributed as follows as                                                             
soon as practicable after December 31 and June 30 of each year: (1) 90                                                          
per centum thereof shall be paid by the Secretary of the Treasury to                                                            
the State of Alaska for disposition by the legislature thereof; and (2)                                                         
10 per centum shall be deposited in the Treasury of the United States                                                           
to the credit of miscellaneous receipts"; and                                                                                   
    WHEREAS sec. 20001 of the Tax Cuts and Jobs Act (P.L. 115-                                                                
97) provides for a 50 percent share to Alaska with the federal                                                                  
government for bonuses, royalties, and rentals from mineral leases on                                                           
federal land in the state, in contravention of the percentage shares                                                            
required under the Alaska Statehood Act; and"                                                                                   
                                                                                                                                
Page 3, line 30:                                                                                                                
    Delete "."                                                                                                                  
    Insert "; and be it                                                                                                         
    FURTHER RESOLVED that the Alaska State Legislature urges                                                                  
the United States Congress, before entering into a lease agreement                                                              

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relating to the coastal plain of the Arctic National Wildlife Refuge, to                                                        
amend sec. 20001 of the Tax Cuts and Jobs Act (P.L. 115-97) to honor                                                            
the Alaska Statehood Act, which provides that the state receive a 90                                                            
percent share of all bonuses, royalties, and rentals under leases                                                               
received by the federal government for exploration and development                                                              
in the Arctic National Wildlife Refuge."                                                                                        
                                                                                                                                
Page 4, line 2, following "Senate;":                                                                                            
    Insert "the Honorable Mitch McConnell, Majority Leader of the                                                               
U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House                                                              
of Representatives;"                                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS SJR 7(RES)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  12   NAYS:  27   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Jackson, Johnson, Neuman, Rauscher,                                                                  
Sullivan-Leonard, Talerico, Tarr, Tilton, Vance, Wilson                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Lincoln, Ortiz, Pruitt, Rasmussen, Revak, Shaw, Spohnholz,                                                              
Story, Stutes, Thompson, Tuck, Wool, Zulkosky                                                                                   
                                                                                                                                
Excused:  Merrick                                                                                                               
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
HCS SJR 7(RES) be considered engrossed, advanced to third reading,                                                              
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                

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HCS SJR 7(RES) was read the third time.                                                                                         
                                                                                                                                
The question being:  "Shall HCS SJR 7(RES) pass the House?"  The                                                                
roll was taken with the following result:                                                                                       
                                                                                                                                
HCS SJR 7(RES)                                                                                                                  
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp,                                                                  
Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Neuman, Ortiz,                                                                    
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                             
Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Vance, Wilson,                                                              
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Hannan, Tarr, Wool                                                                                                       
                                                                                                                                
Excused:  Merrick                                                                                                               
                                                                                                                                
And so, HCS SJR 7(RES) passed the House.                                                                                        
                                                                                                                                
Representative Thompson gave notice of reconsideration of the vote                                                              
on HCS SJR 7(RES).                                                                                                              
                                                                                                                                
                            RECONSIDERATION                                                                                  
                                                                                                                                
SJR 7                                                                                                                         
Representative Thompson moved and asked unanimous consent that                                                                  
reconsideration of HCS SJR 7(RES) be taken up on the same day.                                                                  
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
HCS SJR 7(RES) was before the House in third reading.                                                                           
                                                                                                                                
The question to be reconsidered:  "Shall HCS SJR 7(RES) pass the                                                                
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
HCS SJR 7(RES)                                                                                                                  
Third Reading                                                                                                                   
Final Passage                                                                                                                   
Reconsideration                                                                                                                 
                                                                                                                                
YEAS:  36   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                                               

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Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp,                                                                  
Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Neuman, Ortiz,                                                                    
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                             
Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Vance, Wilson,                                                              
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Hannan, Tarr, Wool                                                                                                       
                                                                                                                                
Excused:  Merrick                                                                                                               
                                                                                                                                
And so, HCS SJR 7(RES) passed the House on reconsideration and                                                                  
was referred to the Chief Clerk for engrossment.                                                                                
                                                                                                                                
In accordance with Uniform Rule 43(b), the Speaker announced that                                                               
engrossment will be waived on HCS SJR 7(RES).                                                                                   
                                                                                                                                
                         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 - Ira Edwards                                                                                                          
By Representative Revak                                                                                                         
                                                                                                                                
In Memoriam - Michael R. O'Connor                                                                                               
By Senator Birch; Representative Johnston                                                                                       
                                                                                                                                
In Memoriam - Mark Dennis Lee                                                                                                   
By Senator Wilson; Representative Sullivan-Leonard                                                                              
                                                                                                                                
In Memoriam - Jason Derek Moore                                                                                                 
By Senator Birch; Representative Shaw                                                                                           
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 34                                                                                                                         
Representative Shaw added as a cosponsor to:                                                                                    
                                                                                                                                
                                                                                                                                

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    HOUSE BILL NO. 34                                                                                                           
    "An Act naming the Scott Johnson Memorial Bridge."                                                                          
                                                                                                                                
HB 87                                                                                                                         
Representative LeBon added as a cosponsor to:                                                                                   
                                                                                                                                
    HOUSE BILL NO. 87                                                                                                           
    "An Act extending the liquefied natural gas storage facility tax                                                            
    credit; and providing for an effective date."                                                                               
                                                                                                                                
SJR 7                                                                                                                         
Representatives Wilson, Johnston, Sullivan-Leonard, and Johnson                                                                 
added as cross sponsors to:                                                                                                     
                                                                                                                                
            HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(RES)                                                                    
    Requesting that the United States Department of the Interior                                                                
    Bureau of Land Management implement an oil and gas leasing                                                                  
    program in the coastal plain of the Arctic National Wildlife                                                                
    Refuge.                                                                                                                     
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
SJR 7                                                                                                                         
HCS SJR 7(RES) was engrossed, signed by the Speaker and Chief                                                                   
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House adjourn until 10:30 a.m., March 13.  There being no                                                                   
objection, the House adjourned at 12:44 p.m.                                                                                    
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk