Legislature(2019 - 2020)

2019-04-27 House Journal

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2019-04-27                     House Journal                      Page 0733
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       THIRTY-FIRST LEGISLATURE                                                                              
                                                                                                                                
                             FIRST SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Saturday                 April 27, 2019                                                       
                                                                                                                                
                         One Hundred Third Day                                                                             
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 10:40 a.m.                                                                                                            
                                                                                                                                
Roll call showed 37 members present.  Representatives Fields,                                                                   
Jackson, and Wool had been excused from a call of the House today.                                                              
                                                                                                                                
The invocation was offered by the Chaplain, Representative Kopp.                                                                
Representative Shaw moved and asked unanimous consent that the                                                                  
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    Praise be to you, LORD, the God of our father Israel, from                                                                  
    everlasting to everlasting.  Yours, LORD, is the greatness and                                                              
    the power and the glory and the majesty and the splendor, for                                                               
    everything in heaven and earth is yours.  Yours, LORD, is the                                                               
    kingdom; you are exalted as head over all.  Wealth and honor                                                                
    come from you; you are the ruler of all things.  In your hands                                                              
    are strength and power to exalt and give strength to all.  Now,                                                             
    our God, we give you thanks, and praise your glorious name.                                                                 
    Amen.  I Chronicles 29:10-13                                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Kopp.                                                                        
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the journal for the 102nd legislative day be approved as certified by                                                           
the Chief Clerk.  There being no objection, it was so ordered.                                                                  

2019-04-27                     House Journal                      Page 0734
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
A message dated April 26 was read stating the Senate passed the                                                                 
following, and it is transmitted for consideration:                                                                             
                                                                                                                                
                      FIRST READING AND REFERENCE                                                                            
                            OF SENATE BILLS                                                                                  
                                                                                                                                
SB 95                                                                                                                         
SENATE BILL NO. 95 by Senators Coghill, Micciche, Bishop,                                                                       
Stevens, Stedman, and Giessel, entitled:                                                                                        
                                                                                                                                
    "An Act approving the transfer of certain Alaska Railroad                                                                   
    Corporation land; and providing for an effective date."                                                                     
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HR 8                                                                                                                          
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE RESOLUTION NO. 8                                                                                                      
    Recognizing 2019 as the International Year of the Salmon and                                                                
    supporting an associated global initiative identifying the                                                                  
    importance of wild salmon.                                                                                                  
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE RESOLUTION NO. 8(RES)                                                                                          
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Tarr and Lincoln, Co-chairs,                                                           
with the following individual recommendations:                                                                                  
                                                                                                                                
Do pass (6):  Talerico, Hannan, Tuck, Rauscher, Tarr, Lincoln                                                                   
                                                                                                                                
No recommendation (2):  Hopkins, Rasmussen                                                                                      
                                                                                                                                
                                                                                                                                

2019-04-27                     House Journal                      Page 0735
The following fiscal note(s) apply to CSHR 8(RES):                                                                              
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HR 8 was referred to the Rules Committee for placement on the                                                                   
calendar.                                                                                                                       
                                                                                                                                
HB 78                                                                                                                         
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 78                                                                                                           
    "An Act relating to insurance; relating to an insurer's corporate                                                           
    annual disclosure; relating to insurance company holding systems;                                                           
    and providing for an effective date."                                                                                       
                                                                                                                                
The report was signed by Representative LeDoux, Co-chair, with the                                                              
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Hannan, Revak, Stutes, Talerico, LeDoux                                                                           
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 78 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Jason Uyaq'aq Pavila                                                                                                 
By Representative Zulkosky; Senator Hoffman                                                                                     
                                                                                                                                
Honoring - Peter Nacuk Kaiser, 2019 Iditarod Sled Dog Race                                                                      
Champion                                                                                                                        
By Representative Zulkosky; Senator Hoffman                                                                                     
                                                                                                                                
                                                                                                                                

2019-04-27                     House Journal                      Page 0736
Honoring - Sandy Boyd                                                                                                           
By Representative Zulkosky; Senator Hoffman                                                                                     
                                                                                                                                
Honoring - Valerie Nurr'araaluk Davidson                                                                                        
By Representative Zulkosky; Senator Hoffman                                                                                     
                                                                                                                                
Honoring - Team Rubicon                                                                                                         
By Representative Rauscher; Senator Shower                                                                                      
                                                                                                                                
Honoring - Alaska Native Health Board, Celebrating 50 Years of                                                                  
Service                                                                                                                         
By Representative Zulkosky; Senator Hoffman                                                                                     
                                                                                                                                
Honoring - Kuskokwim 300 Race Committee                                                                                         
By Representative Zulkosky                                                                                                      
                                                                                                                                
Honoring - American Bald Eagle Foundation                                                                                       
By Senator Kiehl; Representatives Hannan, Story                                                                                 
                                                                                                                                
In Memoriam - Michele Marie Michaud                                                                                             
By Senator Kiehl; Representatives Hannan, Story                                                                                 
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HR 9                                                                                                                          
HOUSE RESOLUTION NO. 9 by Representatives Kopp and                                                                              
Rauscher:                                                                                                                       
                                                                                                                                
    Recognizing May 2, 2019, as the National Day of Prayer; and                                                                 
    proclaiming May 2, 2019, as a state day of prayer.                                                                          
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs Committee.                                                                                                              
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 147                                                                                                                        
HOUSE BILL NO. 147 by Representative Wilson, entitled:                                                                          

2019-04-27                     House Journal                      Page 0737
    "An Act relating to the termination of a board or commission."                                                             
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     THIRD READING OF HOUSE BILLS                                                                            
                                                                                                                                
HB 14                                                                                                                         
The following, which was advanced to third reading from the April 26                                                            
calendar (page 728), was read the third time:                                                                                   
                                                                                                                                
    CS FOR HOUSE BILL NO. 14(FIN)                                                                                               
    "An Act relating to assault in the first degree; relating to                                                                
    harassment; relating to sex offenses; relating to the definition of                                                         
    'dangerous instrument'; providing for an aggravating factor at                                                              
    sentencing for strangulation that results in unconsciousness;                                                               
    relating to the duties of the prosecuting attorney; and relating to                                                         
    victim notifications."                                                                                                      
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that CSHB                                                               
14(FIN) be returned to second reading for the specific purpose of                                                               
considering Amendment No. 2.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Pruitt and                                                                       
Rauscher:                                                                                                                       
                                                                                                                                
Page 1, line 2, following "instrument';" (title amendment):                                                                   
    Insert "relating to sentencing;"                                                                                          
                                                                                                                                
Page 3, following line 13:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 5. AS 12.55.027(d) is amended to read:                                                                                
         (d)  A court may not grant credit against a sentence of                                                            
    imprisonment for time spent in a private residence or under                                                             
    electronic monitoring [IF THE PERSON HAS NOT                                                                                
    COMMITTED A CRIMINAL OFFENSE WHILE UNDER                                                                                    
    ELECTRONIC MONITORING AND THE COURT IMPOSES                                                                                 

2019-04-27                     House Journal                      Page 0738
    RESTRICTIONS ON THE PERSON'S FREEDOM OF                                                                                     
    MOVEMENT AND BEHAVIOR WHILE UNDER THE                                                                                       
    ELECTRONIC MONITORING PROGRAM, INCLUDING                                                                                    
    REQUIRING THE PERSON TO BE CONFINED TO A                                                                                    
    RESIDENCE EXCEPT FOR A                                                                                                      
             (1)  COURT APPEARANCE;                                                                                             
             (2)  MEETING WITH COUNSEL; OR                                                                                      
             (3)  PERIOD DURING WHICH THE PERSON IS AT A                                                                        
    LOCATION ORDERED BY THE COURT FOR THE                                                                                       
    PURPOSES OF EMPLOYMENT, ATTENDING                                                                                           
    EDUCATIONAL OR VOCATIONAL TRAINING,                                                                                         
    PERFORMING COMMUNITY VOLUNTEER WORK, OR                                                                                     
    ATTENDING A REHABILITATIVE ACTIVITY OR MEDICAL                                                                              
    APPOINTMENT].                                                                                                               
   * Sec. 6. AS 12.55.027(e) is amended to read:                                                                              
         (e)  If a defendant intends to claim credit toward a sentence of                                                       
    imprisonment for time spent in a treatment program [OR UNDER                                                                
    ELECTRONIC MONITORING] either as a condition of                                                                             
    probation or as a condition of bail release after a petition to revoke                                                      
    probation has been filed, the defendant shall file notice with the                                                          
    court and the prosecutor 10 days before the disposition hearing.                                                            
    The notice shall include the amount of time the defendant is                                                                
    claiming. The defendant must prove by a preponderance of the                                                                
    evidence that the credit claimed meets the requirements of this                                                             
    section. A court may not consider, except for good cause, a                                                                 
    request for credit made under this subsection more than 90 days                                                             
    after the disposition hearing."                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 9, following line 16:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 10. AS 12.55.027(g) is repealed."                                                                                     
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 9, line 19, following "APPLICABILITY.":                                                                                    
    Insert "(a)"                                                                                                                
                                                                                                                                
                                                                                                                                

2019-04-27                     House Journal                      Page 0739
Page 9, line 22:                                                                                                                
    Delete "sec. 5"                                                                                                             
    Insert "sec. 7"                                                                                                             
                                                                                                                                
Page 9, following line 23:                                                                                                      
    Insert a new subsection to read:                                                                                            
    "(b)  AS 12.55.027(d), as amended by sec. 5 of this Act, and                                                                
AS 12.55.027(e), as amended by sec. 6 of this act, apply to sentences                                                           
imposed on or after the effective date of this Act."                                                                            
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Wilson objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 14(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  19   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Johnson, Josephson, LeDoux, Merrick,                                                                 
Neuman, Pruitt, Rasmussen, Rauscher, Revak, Shaw,                                                                               
Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Vance                                                                           
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Foster, Hannan, Hopkins,                                                                       
Johnston, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz,                                                                   
Spohnholz, Story, Stutes, Thompson, Wilson, Zulkosky                                                                            
                                                                                                                                
Excused:  Fields, Jackson, Wool                                                                                                 
                                                                                                                                
Tarr changed from "Nay" to "Yea".                                                                                               
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
CSHB 14(FIN) was automatically in third reading.                                                                                
                                                                                                                                
The question being:  "Shall CSHB 14(FIN) pass the House?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                

2019-04-27                     House Journal                      Page 0740
CSHB 14(FIN)                                                                                                                    
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  1   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Edgmon, Foster, Hannan,                                                                     
Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                             
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Neuman, Ortiz,                                                                 
Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes,                                                             
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance,                                                                
Wilson, Zulkosky                                                                                                                
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Fields, Jackson, Wool                                                                                                 
                                                                                                                                
And so, CSHB 14(FIN) passed the House and was referred to the                                                                   
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                     THIRD READING OF SENATE BILLS                                                                           
                                                                                                                                
SB 25                                                                                                                         
The Speaker stated that, without objection, the following, which was                                                            
advanced to third reading from the April 26 calendar (page 723),                                                                
would be held to the April 29 calendar:                                                                                         
                                                                                                                                
    SENATE BILL NO. 25                                                                                                          
    "An Act extending the termination date of the Board of Dental                                                               
    Examiners; and providing for an effective date."                                                                            
                                                                                                                                
                         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 - Christine Pate                                                                                                       
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
Honoring - Ruth Ann Parsons                                                                                                     
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                

2019-04-27                     House Journal                      Page 0741
Honoring - Angelina Fraize                                                                                                      
By Representative Tilton                                                                                                        
                                                                                                                                
Honoring - Richard Neil Crum                                                                                                    
By Representative Tilton                                                                                                        
                                                                                                                                
Honoring - Kelly Roy                                                                                                            
By Representatives LeDoux, Spohnholz; Senator Wielechowski                                                                      
                                                                                                                                
Honoring - Cindy Sandfort Lelake                                                                                                
By Representatives Edgmon, Drummond, Hopkins                                                                                    
                                                                                                                                
Honoring - Lee and Lucas Brown                                                                                                  
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
Honoring - First Korean Congress                                                                                                
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
Honoring - Sitka High School Track and Field Team, 2018 Alaska                                                                  
Division II State Champions                                                                                                     
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
Honoring - 2019 Farthest North Girl Scout Council, Women of                                                                     
Distinction                                                                                                                     
By Senator Kawasaki; Representatives Hopkins, Thompson                                                                          
                                                                                                                                
In Memoriam - Charles Neil Natkong, Sr.                                                                                         
By Representatives Kreiss-Tomkins, Ortiz                                                                                        
                                                                                                                                
In Memoriam - James Gould                                                                                                       
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
In Memoriam - Seferino "Nino" Villarreal, Jr.                                                                                   
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
In Memoriam - John Clay Phillips                                                                                                
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
In Memoriam - John "Jack" Renn                                                                                                  
By Representative Revak                                                                                                         

2019-04-27                     House Journal                      Page 0742
In Memoriam - Selina James Everson                                                                                              
By Senator Kiehl; Representatives Story, Hannan                                                                                 
                                                                                                                                
                          SENSE OF THE HOUSE                                                                                 
                                                                                                                                
The Community & Regional Affairs Committee referral of the Sense                                                                
of the House, which was moved and pending (page 728), was before                                                                
the House.                                                                                                                      
                                                                                                                                
The question being:  "Shall the Sense of the House be referred to the                                                           
Community & Regional Affairs Committee?"  The roll was taken with                                                               
the following result:                                                                                                           
                                                                                                                                
Sense of the House                                                                                                              
Refer to CRA Committee                                                                                                          
                                                                                                                                
YEAS:  22   NAYS:  14   EXCUSED:  3   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Foster, Hannan, Hopkins,                                                                       
Johnston, Josephson, Knopp, Kopp, LeBon, LeDoux, Lincoln, Ortiz,                                                                
Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wilson, Zulkosky                                                                
                                                                                                                                
Nays:  Carpenter, Eastman, Johnson, Kreiss-Tomkins, Merrick,                                                                    
Neuman, Pruitt, Rasmussen, Revak, Shaw, Sullivan-Leonard,                                                                       
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Excused:  Fields, Jackson, Wool                                                                                                 
                                                                                                                                
Absent:  Rauscher                                                                                                               
                                                                                                                                
And so, the Sense of the House was referred to the Community &                                                                  
Regional Affairs Committee.                                                                                                     
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HR 8                                                                                                                          
Representative Hannan added as a cosponsor to:                                                                                  
                                                                                                                                
    HOUSE RESOLUTION NO. 8                                                                                                      
    Recognizing 2019 as the International Year of the Salmon and                                                                
    supporting an associated global initiative identifying the                                                                  
    importance of wild salmon.                                                                                                  
                                                                                                                                

2019-04-27                     House Journal                      Page 0743
HB 14                                                                                                                         
Representatives Johnson, Pruitt, Thompson, Wilson, Johnston, and                                                                
Story added as cosponsors to:                                                                                                   
                                                                                                                                
    CS FOR HOUSE BILL NO. 14(FIN)                                                                                               
    "An Act relating to assault in the first degree; relating to                                                                
    harassment; relating to sex offenses; relating to the definition of                                                         
    'dangerous instrument'; providing for an aggravating factor at                                                              
    sentencing for strangulation that results in unconsciousness;                                                               
    relating to the duties of the prosecuting attorney; and relating to                                                         
    victim notifications."                                                                                                      
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 14                                                                                                                         
CSHB 14(FIN) 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 11:00 a.m., April 29.  There being no                                                                   
objection, the House adjourned at 12:44 p.m.                                                                                    
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk