Legislature(2019 - 2020)

2019-05-20 House Journal

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2019-05-20                     House Journal                      Page 1099
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                          ALASKA STATE LEGISLATURE                                                                           
                                                                                                                                
                          THIRTY-FIRST LEGISLATURE                                                                           
                                                                                                                                
                           FIRST SPECIAL SESSION                                                                             
                                                                                                                                
                                                                                                                                
Juneau, Alaska                     Monday                    May 20, 2019                                                     
                                                                                                                                
                                 Fifth Day                                                                                 
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 6:06 p.m.                                                                                                             
                                                                                                                                
Roll call showed 38 members present.                                                                                            
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Representatives Neuman and Rasmussen be excused from a call of the                                                              
House today.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
The invocation was offered by the Chaplain, Representative Carpenter.                                                           
Representative Shaw moved and asked unanimous consent that the                                                                  
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
     With the deepest respect for the religious beliefs of all                                                                  
     Alaskans, I offer the following prayer:                                                                                    
                                                                                                                                
     Heavenly Father, I pray this simple prayer because you have                                                                
     directed us to bring all matters, large and small, before you,                                                             
     the author of the universe.  You know our hearts and our                                                                   
     needs, and you are faithful to provide.  I pray that you protect                                                           
     and strengthen our families during this time of separation and                                                             
     hardship.  I ask for you to impart your wisdom to this body of                                                             
     legislators as we execute our part in your plan.  I ask for your                                                           
     grace over our lives as we strive to live up to the example you                                                            
     set before us in the life, death, and resurrection of your Son,                                                            
     Jesus Christ.  In your holy name.  Amen.                                                                                   

2019-05-20                     House Journal                      Page 1100
The Pledge of Allegiance was led by Representative Stutes.                                                                      
                                                                                                                                
                        CERTIFICATION OF THE JOURNAL                                                                         
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the journal for the first, second, third, and fourth legislative days of the                                                    
first special session be approved as certified by the Chief Clerk.  There                                                       
being no objection, it was so ordered.                                                                                          
                                                                                                                                
                         MESSAGES FROM THE GOVERNOR                                                                          
                                                                                                                                
HB 34                                                                                                                         
A message dated May 17 was read stating the Governor signed the                                                                 
following bill and is transmitting the engrossed and enrolled copies to                                                         
the Lieutenant Governor's office for permanent filing:                                                                          
                                                                                                                                
     HOUSE BILL NO. 34                                                                                                          
     "An Act naming the Scott Johnson Memorial Bridge."                                                                         
                                                                                                                                
     Chapter No. 3, SLA 2019                                                                                                    
     Effective Date:  August 15, 2019                                                                                           
                                                                                                                                
HB 88                                                                                                                         
A message dated May 17 was read stating the Governor signed the                                                                 
following bill and is transmitting the engrossed and enrolled copies to                                                         
the Lieutenant Governor's office for permanent filing:                                                                          
                                                                                                                                
     HOUSE BILL NO. 88                                                                                                          
     "An Act naming the Trooper Gabe Rich Memorial Bridge."                                                                     
                                                                                                                                
     Chapter No. 4, SLA 2019                                                                                                    
     Effective Date:  August 15, 2019                                                                                           
                                                                                                                                
SB 89                                                                                                                         
A message dated May 18 was read stating the Governor allowed the                                                                
following bill to become law without his signature and is transmitting                                                          
the engrossed and enrolled copies to the Lieutenant Governor's office                                                           
for permanent filing:                                                                                                           
                                                                                                                                
                                                                                                                                

2019-05-20                     House Journal                      Page 1101
     FREE CONFERENCE CS FOR SENATE BILL NO. 89                                                                                  
     "An Act relating to the Legislative Ethics Act; and providing for                                                          
     an effective date."                                                                                                        
                                                                                                                                
     Chapter No. 5, SLA 2019                                                                                                    
     Effective Date:  May 25, 2019                                                                                              
                                                                                                                                
                          MESSAGES FROM THE SENATE                                                                           
                                                                                                                                
HB 49                                                                                                                         
A message dated May 16 was read stating the President granted                                                                   
limited powers of free conference to the Senate members of the                                                                  
Conference Committee considering:                                                                                               
                                                                                                                                
     CS FOR HOUSE BILL NO. 49(FIN) am                                                                                           
     "An Act relating to criminal law and procedure; relating to pretrial                                                       
     services; establishing the crime of possession of motor vehicle                                                            
     theft tools; relating to electronic monitoring; relating to controlled                                                     
     substances; relating to probation and parole; relating to                                                                  
     sentencing; amending the definitions of 'most serious felony,' 'sex                                                        
     offense,' and 'sex offender'; relating to registration of sex                                                              
     offenders; relating to operating under the influence; relating to                                                          
     refusal to submit to a chemical test; relating to the duties of the                                                        
     commissioner of corrections; relating to testing of sexual assault                                                         
     examination kits; relating to reports of involuntary commitment;                                                           
     amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal                                                                  
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
and                                                                                                                             
                                                                                                                                
              SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S                                                                 
     "An Act relating to criminal law and procedure; relating to                                                                
     marriage as a defense to certain crimes of sexual assault;                                                                 
     establishing the crime of possession of motor vehicle theft tools;                                                         
     relating to controlled substances; relating to electronic monitoring;                                                      
     relating to probation and parole; relating to sentencing; amending                                                         
     the definitions of 'most serious felony,' 'sex offense,' and 'sex                                                          
     offender'; relating to registration of sex offenders; relating to the                                                      
     automated victim notification system; relating to reporting child                                                          
     abuse or neglect; relating to Alaska Native organizations; relating                                                        

2019-05-20                     House Journal                      Page 1102
     to the village public safety officer program; relating to                                                                  
     cancellation of a driver's license; relating to driving while license                                                      
     canceled; relating to operating under the influence; relating to                                                           
     restoration of a driver's license; relating to refusal to submit to a                                                      
     chemical test; relating to the use of headlights; relating to the                                                          
     powers and duties of the commissioner of corrections; relating to                                                          
     pretrial services; relating to the duties of a prosecuting attorney;                                                       
     relating to testing of sexual assault examination kits; relating to                                                        
     reports of involuntary commitment; amending Rules 6(r)(6), 38.2,                                                           
     and 45(d), Alaska Rules of Criminal Procedure; and providing for                                                           
     an effective date."                                                                                                        
                                                                                                                                
     (SCR 7 – title change resolution)                                                                                          
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested (page 1088).                                                                                                          
                                                                                                                                
                       REPORTS OF SPECIAL COMMITTEES                                                                         
                                                                                                                                
HB 49                                                                                                                         
The Conference Committee with limited powers of free conference                                                                 
considering CSHB 49(FIN) am and SCS CSHB 49(FIN) am S                                                                           
recommends the following be adopted:                                                                                            
                                                                                                                                
     CONFERENCE CS FOR HOUSE BILL NO. 49                                                                                        
     "An Act relating to criminal law and procedure; relating to                                                                
     marriage as a defense to certain crimes of sexual assault;                                                                 
     establishing the crime of possession of motor vehicle theft tools;                                                         
     relating to controlled substances; relating to electronic monitoring;                                                      
     relating to probation and parole; relating to sentencing; amending                                                         
     the definitions of 'most serious felony,' 'sex offense,' and 'sex                                                          
     offender'; relating to registration of sex offenders; relating to the                                                      
     automated victim notification system; relating to reporting child                                                          
     abuse or neglect; relating to Alaska Native organizations; relating                                                        
     to the village public safety officer program; relating to                                                                  
     cancellation of a driver's license; relating to driving while license                                                      
     canceled; relating to operating under the influence; relating to                                                           
     restoration of a driver's license; relating to refusal to submit to a                                                      
     chemical test; relating to the use of headlights; relating to the                                                          
     powers and duties of the commissioner of corrections; relating to                                                          

2019-05-20                     House Journal                      Page 1103
     pretrial services; relating to the duties of a prosecuting attorney;                                                       
     relating to testing of sexual assault examination kits; relating to                                                        
     reports of involuntary commitment; amending Rules 6(r)(6) and                                                              
     38.2, Alaska Rules of Criminal Procedure; and providing for an                                                             
     effective date."                                                                                                           
                                                                                                                                
     (technical title change)                                                                                                   
                                                                                                                                
The report was signed by Representatives Claman (Chair), Kopp,                                                                  
Pruitt; and Senators Hughes (Chair), Shower, Wielechowski.                                                                      
                                                                                                                                
The following fiscal note(s) apply to CCS HB 49:                                                                                
                                                                                                                                
1. Zero, Dept. of Health & Social Services                                                                                      
20. Fiscal, Dept. of Administration                                                                                             
21. Fiscal, Dept. of Administration                                                                                             
22. Fiscal, Dept. of Administration                                                                                             
23. Fiscal, Dept. of Corrections                                                                                                
26. Fiscal, Dept. of Corrections                                                                                                
29. Fiscal, Dept. of Corrections                                                                                                
30. Fiscal, Dept. of Health & Social Services                                                                                   
31. Fiscal, Dept. of Law                                                                                                        
32.  Zero, Dept. of Public Safety                                                                                               
33. Zero, Dept. of Public Safety                                                                                                
34. Zero, Dept. of Public Safety                                                                                                
35. Fiscal, Dept. of Public Safety                                                                                              
36. Zero, Dept. of Transportation & Public Facilities                                                                           
38. Fiscal, Alaska Judiciary System                                                                                             
39. Fiscal, Dept. of Corrections                                                                                                
40. Fiscal, Dept. of Corrections                                                                                                
41. Fiscal, Dept. of Corrections                                                                                                
42. Fiscal, Dept. of Corrections                                                                                                
                                                                                                                                
Representative Thompson moved that the House adopt the                                                                          
Conference Committee with limited powers of free conference                                                                     
report, thus adopting CCS HB 49.                                                                                                
                                                                                                                                
The question being:  "Shall the House adopt the report?" The roll was                                                           
taken with the following result:                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-20                     House Journal                      Page 1104
CCS HB 49                                                                                                                       
Adopt                                                                                                                           
                                                                                                                                
YEAS:  36   NAYS:  2   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Fields,                                                                    
Foster, Hannan, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp,                                                             
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Ortiz, Pruitt,                                                                 
Rauscher, Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard,                                                              
Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wilson, Zulkosky                                                                 
                                                                                                                                
Nays:  Hopkins, Wool                                                                                                            
                                                                                                                                
Excused:  Neuman, Rasmussen                                                                                                     
                                                                                                                                
And so, the House adopted CCS HB 49.                                                                                            
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the roll call on the passage of the bill be considered the roll call on the                                                     
court rule changes.  There being no objection, it was so ordered.                                                               
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the roll call on the passage of the bill be considered the roll call on the                                                     
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                            UNFINISHED BUSINESS                                                                              
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the following member be excused from a call of the House.  There                                                                
being no objection, the member was excused as noted:                                                                            
                                                                                                                                
Representative Neuman – from today to 10:00 p.m., June 24                                                                       
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of May 6.                                                               
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                                                                                                                                

2019-05-20                     House Journal                      Page 1105
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House adjourn until 10:30 a.m., May 22.                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall the House adjourn?"  The roll was taken                                                             
with the following result:                                                                                                      
                                                                                                                                
Adjourn                                                                                                                         
                                                                                                                                
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                             
Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Ortiz, Pruitt,                                                                 
Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico,                                                              
Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky                                                                            
                                                                                                                                
Nays:  Carpenter, Eastman, Jackson, Rauscher, Vance                                                                             
                                                                                                                                
Excused:  Neuman, Rasmussen                                                                                                     
                                                                                                                                
And so, the House adjourned at 6:42 p.m.                                                                                        
                                                                                                                                
                                              Crystaline Jones                                                                  
                                              Chief Clerk