Legislature(2019 - 2020)
2020-03-21 House Journal
Full Journal pdf2020-03-21 House Journal Page 1985 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-FIRST LEGISLATURE SECOND SESSION Juneau, Alaska Saturday March 21, 2020 Sixty-first Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 12:20 p.m. Roll call showed 34 members present. Representative Claman was absent, and his presence was noted later. Representative Thompson moved and asked unanimous consent that Representatives Jackson, Merrick, Rasmussen, Lincoln, and Rauscher 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 Ortiz. Representative Drummond 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 for a Pandemic" by Shelley Wickstrom, Bishop of the Alaska Synod of the Evangelical Lutheran Church in America: Dear Lord, As we go through these troubling times, help us to feel your presence and guidance and to always be mindful that: 2020-03-21 House Journal Page 1986 May we who are merely inconvenienced Remember those whose lives are at stake. May we who have no risk factors Remember those most vulnerable. May we who have the luxury of working from home Remember those who must choose between preserving their health or making their rent. May we who have the flexibility to care for our children when their schools close Remember those who have no options. May we who have to cancel our trips Remember those that have no safe place to go. May we who are losing our margin money in the tumult of the economic market Remember those who have no margin at all. May we who settle in for a quarantine at home Remember those who have no home. As fear grips our country, Help us, Lord, to choose love and compassion. During this time when we cannot physically wrap our arms around each other, Let us find ways to be the loving embrace of God to our neighbors. Amen. The Pledge of Allegiance was led by Representative Carpenter. CERTIFICATION OF THE JOURNAL Representative Thompson moved and asked unanimous consent that the journal for the 60th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 18 A message dated March 20 was read stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 123, 2020-03-21 House Journal Page 1987 relating to the creation and regulation of electric reliability organizations; relating to participation of electric utilities in electric reliability organizations; relating to duties of electric reliability organizations; providing for integrated resource planning; and requiring project preapproval for certain interconnected large energy facilities. HCR 18 was referred to the Chief Clerk for enrollment. HB 56 A message dated March 21 was read stating the Senate passed: HOUSE BILL NO. 56 "An Act establishing May 15 of each year as Hmong-American Veterans Day." HB 56 was referred to the Chief Clerk for enrollment. HB 142 A message dated March 20 was read stating the Senate passed: CS FOR HOUSE BILL NO. 142(JUD) "An Act relating to Alaska Native organizations' family assistance programs." CSHB 142(JUD) was referred to the Chief Clerk for enrollment. SB 74 A message dated March 21 was read stating the Senate concurred in the House amendment to: CS FOR SENATE BILL NO. 74(FIN) "An Act relating to funding for Internet services for school districts; and providing for an effective date." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN) "An Act relating to funding for Internet services for school districts." (technical title change) 2020-03-21 House Journal Page 1988 SB 123 A message dated March 20 was read stating the Senate concurred in the House amendment to: CS FOR SENATE BILL NO. 123(RBE) "An Act relating to the creation and regulation of electric reliability organizations; relating to participation of electric utilities in electric reliability organizations; relating to duties of electric reliability organizations; providing for integrated resource planning; requiring project preapproval for certain interconnected large energy facilities; and providing for an effective date." thus adopting: CS FOR SENATE BILL NO. 123(RBE) am H "An Act relating to electric and telephone cooperatives; relating to telephone service and related telecommunications services; relating to the creation and regulation of electric reliability organizations; relating to participation of electric utilities in electric reliability organizations; relating to duties of electric reliability organizations; providing for integrated resource planning; requiring project preapproval for certain interconnected large energy facilities; and providing for an effective date." Legislative letter of intent (Senate Journal Page 1866) (HCR 18 – title change resolution) A message dated March 20 was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 47 CS FOR SENATE BILL NO. 47(FIN) by the Senate Finance Committee, entitled: 2020-03-21 House Journal Page 1989 "An Act relating to the State Physical Therapy and Occupational Therapy Board; relating to the practice of physical therapy; and relating to the practice of occupational therapy." was read the first time and referred to the Finance Committee. **The presence of Representative Claman was noted. SB 183 CS FOR SENATE BILL NO. 183(STA) by the Senate State Affairs Committee, entitled: "An Act relating to vehicles abandoned on private property." was read the first time and referred to the Transportation Committee. REPORTS OF STANDING COMMITTEES The Judiciary Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Gregory Bringhurst Richard "Kay" Payne as members of the Violent Crime Compensation Board. The report was signed by Representative Claman, Chair; and Representatives Drummond, Kopp, Shaw, and Vance. The Resources Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Peter Buist as a member of the Big Game Commercial Services Board. Jeremy Price as a member of the Alaska Oil and Gas Conservation Commission. 2020-03-21 House Journal Page 1990 The report was signed by Representative Tarr, Co-chair; and Representatives Talerico, Rauscher, Tuck, and Hannan. HB 94 The Labor & Commerce Committee considered: HOUSE BILL NO. 94 "An Act relating to the taxation of electronic smoking products; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 94(L&C) "An Act relating to the taxation of electronic smoking products; relating to transporting tobacco, a product containing nicotine, or an electronic smoking product; and providing for an effective date." The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (6): Fields, Stutes, Story, Gillis, Hannan, Spohnholz The following fiscal note(s) apply to CSHB 94(L&C): 1. Fiscal, Dept. of Revenue HB 94 was referred to the Finance Committee. HB 146 The Labor & Commerce Committee considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 146 "An Act relating to an application for a license to operate as a dealer in motor vehicles; and requiring a dealer in motor vehicles to maintain liability and property insurance." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 146(JUD) (same title) 2020-03-21 House Journal Page 1991 The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (5): Fields, Stutes, Story, Hannan, Spohnholz No recommendation (1): Gillis The following fiscal note(s) apply to CSSSHB 146(JUD): 1. Zero, Dept. of Administration SSHB 146 was referred to the Rules Committee for placement on the calendar. HB 247 The Finance Committee considered: HOUSE BILL NO. 247 "An Act relating to the fish and game fund; establishing the sport fishing enhancement surcharge; relating to the repeal of the sport fishing facility surcharge; providing for an effective date by amending the effective date of sec. 21, ch. 18, SLA 2016; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 247(FSH) "An Act relating to the fish and game fund; relating to a sport fishing surcharge; providing for an effective date by amending the effective date of sec. 21, ch. 18, SLA 2016; and providing for an effective date." The report was signed by Representatives Johnston and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Ortiz, LeBon, Knopp, Wool, Sullivan-Leonard, Johnston, Foster No recommendation (3): Carpenter, Tilton, Josephson The following fiscal note(s) apply to CSHB 247(FSH): 2. Fiscal, Dept. of Fish & Game 2020-03-21 House Journal Page 1992 HB 247 is on today's calendar. HB 287 The Judiciary Committee considered: HOUSE BILL NO. 287 "An Act requiring background investigations of village public safety officer applicants by the Department of Public Safety; relating to the village public safety officer program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 287(JUD) (same title) The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (3): Drummond, Kopp, Claman No recommendation (2): Shaw, Vance The following fiscal note(s) apply to CSHB 287(JUD): 1. Indeterminate, Dept. of Public Safety 2. Fiscal, Dept. of Commerce, Community, & Economic Development 3. Fiscal, Dept. of Public Safety 4. Fiscal, Dept. of Public Safety HB 287 was referred to the Finance Committee. HB 290 The Finance Committee considered: HOUSE BILL NO. 290 "An Act establishing an alternative to arrest procedure for persons in acute episodes of mental illness; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers." and recommends it be replaced with: 2020-03-21 House Journal Page 1993 CS FOR HOUSE BILL NO. 290(JUD) "An Act establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers." The report was signed by Representatives Johnston and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Ortiz, LeBon, Wool, Josephson, Johnston, Foster Do not pass (1): Carpenter No recommendation (3): Tilton, Knopp, Sullivan-Leonard The following fiscal note(s) apply to CSHB 290(JUD): 1. Zero, Dept. of Law 2. Indeterminate, Dept. of Public Safety 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services HB 290 is on today's calendar. HB 309 The Rules Committee considered: HOUSE BILL NO. 309 "An Act relating to the procedure for confirmation of the governor's appointments; and providing for an effective date." The report was signed by Representative Kopp, Chair, with the following individual recommendations: Do pass (4): Thompson, Johnston, Stutes, Kopp No recommendation (2): Johnson, Pruitt The following fiscal note(s) apply: 2020-03-21 House Journal Page 1994 1. Zero, House Rules Committee HB 309 is on today's calendar. SB 120 The Finance Committee considered: CS FOR SENATE BILL NO. 120(HSS) "An Act relating to administration of psychotropic medication to a patient without the patient's informed consent; and providing for an effective date." The report was signed by Representatives Johnston and Foster, Co- chairs, with the following individual recommendations: Do pass (6): LeBon, Knopp, Wool, Josephson, Johnston, Foster No recommendation (4): Ortiz, Carpenter, Tilton, Sullivan-Leonard The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services 2. Zero, Dept. of Health & Social Services CSSB 120(HSS) is on today's calendar. SB 137 The Finance Committee considered: SENATE BILL NO. 137 "An Act extending the termination date of the Board of Parole; and providing for an effective date." The report was signed by Representatives Johnston and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Ortiz, Carpenter, Tilton, LeBon, Knopp, Wool, Josephson, Sullivan-Leonard, Johnston, Foster 2020-03-21 House Journal Page 1995 The following fiscal note(s) apply: 1. Fiscal, Dept. of Corrections SB 137 is on today's calendar. SB 195 The Labor & Commerce Committee considered: SENATE BILL NO. 195 "An Act relating to election of a domestic insurer's board of directors." The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (6): Fields, Stutes, Story, Gillis, Hannan, Spohnholz The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development SB 195 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 - Dr. F. Stuart "Terry" Chapin III By Representative Hopkins In Memoriam - Philip Allen Daniel By Representative Stutes; Senator Stevens In Memoriam - Henry Dan "Sonny" Peterson By Representative Stutes; Senator Stevens 2020-03-21 House Journal Page 1996 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 310 HOUSE BILL NO. 310 by the House Labor and Commerce Committee, entitled: "An Act tolling deadlines for action by the Regulatory Commission of Alaska during the public health emergency declaration; relating to disconnection of utility service for nonpayment; relating to regulatory assets of a utility; relating to evictions; relating to foreclosures; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR In accordance with Uniform Rule 43(b), the Speaker announced that engrossment may be waived on the bills on today's calendar. SECOND READING OF HOUSE BILLS HB 232 The following was read the second time: HOUSE BILL NO. 232 "An Act relating to a municipal air quality improvement tax credit; and relating to a municipal energy efficient new construction tax credit." with the: Journal Page ENE RPT CS(ENE) NT 5DP 1NR 1660 FN1: ZERO(CED) 1660 L&C RPT CS(L&C) NT 5DP 2NR 1758 FN1: ZERO(CED) 1758 2020-03-21 House Journal Page 1997 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 232(L&C) "An Act relating to a municipal air quality improvement tax credit; and relating to a municipal energy efficient construction tax credit." There being no objection, it was so ordered. Representative Thompson moved and asked unanimous consent that CSHB 232(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 232(L&C) will advance to third reading on the March 23 calendar. HB 247 The following was read the second time: HOUSE BILL NO. 247 "An Act relating to the fish and game fund; establishing the sport fishing enhancement surcharge; relating to the repeal of the sport fishing facility surcharge; providing for an effective date by amending the effective date of sec. 21, ch. 18, SLA 2016; and providing for an effective date." with the: Journal Page FSH RPT CS(FSH) NT 4DP 1951 FN1: (DFG) 1951 FIN RPT CS(FSH) NT 7DP 3NR 1991 FN2: (DFG) 1991 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2020-03-21 House Journal Page 1998 CS FOR HOUSE BILL NO. 247(FSH) "An Act relating to the fish and game fund; relating to a sport fishing surcharge; providing for an effective date by amending the effective date of sec. 21, ch. 18, SLA 2016; and providing for an effective date." There being no objection, it was so ordered. Representative Thompson moved and asked unanimous consent that CSHB 247(FSH) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 247(FSH) will advance to third reading on the March 23 calendar. HB 268 The following was read the second time: HOUSE BILL NO. 268 "An Act relating to the Alaska Municipal Bond Bank Authority." with the: Journal Page FIN RPT CS(FIN) 4DP 4NR 1930 FN1: INDETERMINATE(UA) 1930 FN2: (REV) 1930 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 268(FIN) (same title) There being no objection, it was so ordered. Representative Thompson moved and asked unanimous consent that CSHB 268(FIN) be considered engrossed, advanced to third reading, and placed on final passage. 2020-03-21 House Journal Page 1999 There was objection. CSHB 268(FIN) will advance to third reading on the March 23 calendar. HB 290 The Speaker stated that, without objection, the following would be held to the March 23 calendar: HOUSE BILL NO. 290 "An Act establishing an alternative to arrest procedure for persons in acute episodes of mental illness; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers." HB 301 The following was read the second time: HOUSE BILL NO. 301 "An Act relating to certificates of fitness for plumbers and electricians." with the: Journal Page L&C RPT CS(L&C) 6DP 1867 FN1: ZERO(LWF) 1867 FN2: ZERO(LWF) 1867 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 301(L&C) (same title) There being no objection, it was so ordered. Representative Thompson moved and asked unanimous consent that CSHB 301(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2020-03-21 House Journal Page 2000 CSHB 301(L&C) was read the third time. Representative Thompson moved and asked unanimous consent that Representative Neuman be excused from a call of the House today. There being no objection, it was so ordered. The question being: "Shall CSHB 301(L&C) pass the House?" The roll was taken with the following result: CSHB 301(L&C) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 6 ABSENT: 0 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher And so, CSHB 301(L&C) passed the House and was referred to the Chief Clerk for engrossment. HB 309 The Speaker stated that, without objection, the following would be held to the March 23 calendar: HOUSE BILL NO. 309 "An Act relating to the procedure for confirmation of the governor's appointments; and providing for an effective date." SECOND READING OF SENATE BILLS SB 120 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: 2020-03-21 House Journal Page 2001 CS FOR SENATE BILL NO. 120(HSS) "An Act relating to administration of psychotropic medication to a patient without the patient's informed consent; and providing for an effective date." SB 137 The following was read the second time: SENATE BILL NO. 137 "An Act extending the termination date of the Board of Parole; and providing for an effective date." with the: Journal Page FIN RPT 10DP 1994 FN1: (COR) 1994 Representative Thompson moved and asked unanimous consent that SB 137 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 137 was read the third time. The question being: "Shall SB 137 pass the House?" The roll was taken with the following result: SB 137 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Claman, Drummond, Eastman, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter And so, SB 137 passed the House. 2020-03-21 House Journal Page 2002 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. SB 137 was signed by the Speaker and Chief Clerk and returned to the Senate. 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 - Zoe Nelles By Representative Johnson Honoring - Grace Christian High School Boys and Girls Cross Country Teams, 2019 Division II State Champions By Representatives Kopp, Johnston Honoring - Anne B. Zink, MD By Senator Wilson Honoring - John Rodda By Senator Revak; Representative Merrick Honoring - Verdie Bowen By Senator Revak; Representative Shaw Honoring - Principal Kelly Eagleton, O'Malley Elementary School By Senator Revak; Representatives Shaw, Gillis Honoring - Eagle Scouts Tyler Upah, Colby Wright, Dylan Myren, Jacob Mitchell, Aiden Kenna, Christopher Duke By Senator Revak; Representatives Gillis, Shaw Honoring - Eric Prestegard By Senator Kiehl; Representatives Hannan, Story 2020-03-21 House Journal Page 2003 Honoring - Alaska Commercial Fishing and Agriculture Bank, 40th Anniversary By Senator Coghill In Memoriam - Jeffrey Brian Babcock By Representative Johnson In Memoriam - Dallas Massie By Representative Johnson; Senator Wilson In Memoriam - Gerald "Jerry" Rexrode By Senator Wilson; Representative Sullivan-Leonard In Memoriam - Charles Milton Northrip By Senator Kiehl; Representatives Story, Hannan In Memoriam - Robert Carlin "Buckwheat" Donahue By Senator Kiehl; Representatives Hannan, Story In Memoriam - Joe Nava By Senator Coghill; Representative Hopkins In Memoriam - Ivan Charles By Senator Bishop SECOND READING OF SENATE BILLS SB 120 The following, which was moved to the bottom of the calendar (page 2000), was read the second time: CS FOR SENATE BILL NO. 120(HSS) "An Act relating to administration of psychotropic medication to a patient without the patient's informed consent; and providing for an effective date." with the: Journal Page FIN RPT 6DP 4NR 1994 FN1: ZERO(DHS) 1994 FN2: ZERO(DHS) 1994 2020-03-21 House Journal Page 2004 Amendment No. 1 was offered by Representatives Claman and Kopp: Page 1, line 1, following "Act" (title amendment): Insert "establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation;" Page 1, line 2, following "consent;": Insert "relating to licensure of crisis stabilization centers;" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 12.25 is amended by adding a new section to read: Sec. 12.25.031. Alternative to arrest. (a) As an alternative to arrest, a peace officer may, at the officer's discretion, deliver a person to a crisis stabilization center or an evaluation facility or decline to arrest the person if (1) the arresting officer believes in good faith that the person is suffering from an acute behavioral health crisis; and (2) the person voluntarily agrees to be taken to a crisis stabilization center or an evaluation facility or to promptly seek outpatient mental health treatment. (b) Notwithstanding (a) of this section, a peace officer may, as an alternative to arrest, take a person into emergency custody under AS 47.30.705 and deliver the person to a crisis stabilization center or an evaluation facility. (c) Delivery of a person to a crisis stabilization center or an evaluation facility for examination under (a) of this section does not constitute an involuntary commitment under AS 47.30 or an arrest. (d) Before a person delivered to a crisis stabilization center or an evaluation facility under (a) or (b) of this section is released to the community, a mental health professional shall make reasonable efforts to inform the arresting officer of the planned release if the officer has specifically requested notification and provided the officer's contact information to the crisis stabilization center or evaluation facility. (e) A peace officer is not liable for civil damages arising from an act or omission done with reasonable care and in good faith under this section. 2020-03-21 House Journal Page 2005 (f) An agreement to participate in outpatient treatment or to be delivered to a crisis stabilization center or an evaluation facility under (a) of this section (1) may not require a person to stipulate to any facts regarding the alleged criminal activity as a prerequisite to participation in a mental health treatment alternative; (2) is inadmissible in any criminal or civil proceeding; and (3) does not create immunity from prosecution for the alleged criminal activity. (g) If a person violates an agreement to be delivered to a crisis stabilization center or an evaluation facility or to seek outpatient treatment under (a) of this section, (1) a mental health professional shall make reasonable efforts to inform the arresting officer of the person's decision to leave the crisis stabilization center or evaluation facility; and (2) the original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed as provided by law. (h) Notwithstanding the other provisions of this section, charges may be filed or referred to the prosecutor, as appropriate, at any time in accordance with law. (i) In this section, (1) "crisis stabilization center" means a facility licensed under AS 47.32 that meets the definition of "crisis stabilization center" in AS 47.32.900; (2) "evaluation facility" means an evaluation facility as defined in AS 47.30.915; (3) "mental health professional" has the meaning given in AS 47.30.915. * Sec. 2. AS 18.65.530(c) is amended to read: (c) A peace officer is not required to make an arrest of a person under (a) of this section if the officer has received authorization [NOT TO ARREST] from a prosecuting attorney in the jurisdiction in which the offense under investigation arose (1) not to arrest the person; or (2) to deliver the person to a crisis stabilization center or an evaluation facility as provided in AS 12.25.031(b). * Sec. 3. AS 18.65.530 is amended by adding a new subsection to read: 2020-03-21 House Journal Page 2006 (g) A peace officer who delivers a person to a crisis stabilization center or evaluation facility under (c) of this section shall provide the peace officer's contact information to the crisis stabilization center or evaluation facility and, if the peace officer is notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim under (a)(1) and (2) of this section of the planned release. * Sec. 4. AS 47.30.705(a) is amended to read: (a) A peace officer, a psychiatrist or physician who is licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners who has probable cause to believe that a person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.30.700, may cause the person to be taken into custody and delivered to the nearest crisis stabilization center as defined in AS 47.32.900 or the nearest evaluation facility. A person taken into custody for emergency evaluation may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a crisis stabilization center or treatment facility. However, emergency protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer or mental health professional shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the crisis stabilization center, evaluation facility, or treatment facility. * Sec. 5. AS 47.30.710(a) is amended to read: (a) A respondent who is delivered under AS 47.30.700 - 47.30.705 to an evaluation facility, except for delivery to a crisis stabilization center as defined in AS 47.32.900, for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility. A respondent who is delivered under AS 47.30.705 to a crisis stabilization center shall be examined by a mental health professional as defined in AS 47.30.915 within three hours after arriving at the center." 2020-03-21 House Journal Page 2007 Page 1, line 4: Delete "Section 1" Insert "Sec. 6" Renumber the following bill sections accordingly. Page 2, following line 21: Insert new bill sections to read: "* Sec. 7. AS 47.32.010(b) is amended to read: (b) This chapter and regulations adopted under this chapter apply to the following entities: (1) ambulatory surgical centers; (2) assisted living homes; (3) child care facilities; (4) child placement agencies; (5) foster homes; (6) free-standing birth centers; (7) home health agencies; (8) hospices, or agencies providing hospice services or operating hospice programs; (9) hospitals; (10) intermediate care facilities for individuals with an intellectual disability or related condition; (11) maternity homes; (12) nursing facilities; (13) residential child care facilities; (14) residential psychiatric treatment centers; (15) runaway shelters; (16) rural health clinics; (17) crisis stabilization centers. * Sec. 8. AS 47.32.900 is amended by adding a new paragraph to read: (22) "crisis stabilization center" means (A) a facility, or a part or unit of a facility, that has been designed to evaluate, stabilize, and treat, on a short-term basis and without the use of hospitalization, individuals experiencing an acute behavioral health crisis; (B) a 23-hour crisis stabilization center; (C) a crisis residential center; or (D) a subacute facility. 2020-03-21 House Journal Page 2008 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION: LICENSING. Notwithstanding AS 47.32.010(b), as amended by sec. 7 of this Act, the Department of Health and Social Services may, before a crisis stabilization center is licensed under AS 47.32.010(b), as amended by sec. 7 of this Act, issue a provisional license to or reimburse the crisis stabilization center under a waiver that is in effect before the effective date of sec. 7 of this Act." Renumber the following bill sections accordingly. Page 2, line 28: Delete "Section 2" Insert "Section 10" Representative Claman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Eastman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 120(HSS) Second Reading Amendment No. 1 YEAS: 24 NAYS: 8 EXCUSED: 6 ABSENT: 2 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Ortiz, Shaw, Spohnholz, Story, Stutes, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Gillis, Johnson, Prax, Pruitt, Sullivan-Leonard, Tilton, Vance Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter, LeDoux And so, Amendment No. 1 was adopted, and the new title follows: 2020-03-21 House Journal Page 2009 CS FOR SENATE BILL NO. 120(HSS) am H "An Act establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation; relating to administration of psychotropic medication to a patient without the patient's informed consent; relating to licensure of crisis stabilization centers; and providing for an effective date." Representative Thompson moved and asked unanimous consent that CSSB 120(HSS) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSB 120(HSS) am H will advance to third reading on the March 23 calendar. UNFINISHED BUSINESS HB 310 Representative Spohnholz, Chair of the Labor & Commerce Committee, moved and asked unanimous consent to waive the five- day notice requirement in Uniform Rule 23(a) so the Labor & Commerce Committee can hear the following on March 22 at 1:00 p.m.: HOUSE BILL NO. 310 "An Act tolling deadlines for action by the Regulatory Commission of Alaska during the public health emergency declaration; relating to disconnection of utility service for nonpayment; relating to regulatory assets of a utility; relating to evictions; relating to foreclosures; and providing for an effective date." There being no objection, it was so ordered. SB 52 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following on March 22 at 10:00 a.m.: 2020-03-21 House Journal Page 2010 CS FOR SENATE BILL NO. 52(FIN) am "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date." and SB 55 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following on March 22 at 10:00 a.m.: CS FOR SENATE BILL NO. 55(2d JUD) "An Act relating to judges of the court of appeals; and providing for an effective date." and SB 134 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following on March 22 at 10:00 a.m.: SENATE BILL NO. 134 "An Act relating to medical assistance reimbursement for the services of licensed professional counselors; and providing for an effective date." and SB 155 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following on March 22 at 10:00 a.m.: 2020-03-21 House Journal Page 2011 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 155(RES) "An Act relating to exploration and mining rights; relating to annual labor requirements with respect to mining claims and related leases; relating to statements of annual labor; defining 'labor'; and providing for an effective date." and SB 172 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following on March 22 at 10:00 a.m.: CS FOR SENATE BILL NO. 172(L&C) "An Act extending the termination date of the State Medical Board; requiring a report on the State Medical Board's audit compliance; and providing for an effective date." There was objection. Representative Pruitt moved and asked unanimous consent to divide the question to separate SB 172 from the motion. The question being: "Shall SB 172 be separated?" The roll was taken with the following result: SB 52, SB 55, SB 134, SB 155, SB 172 Waive Uniform Rule 23(a) Separate SB 172 YEAS: 15 NAYS: 17 EXCUSED: 6 ABSENT: 2 Yeas: Eastman, Gillis, Johnson, Prax, Pruitt, Shaw, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Ortiz, Spohnholz, Story, Zulkosky 2020-03-21 House Journal Page 2012 Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter, LeDoux And so, the motion failed. Representative Wool moved and asked unanimous consent to divide the question to separate SB 52 from the motion. The question being: "Shall SB 52 be separated?" The roll was taken with the following result: SB 52, SB 55, SB 134, SB 155, SB 172 Waive Uniform Rule 23(a) Separate SB 52 YEAS: 17 NAYS: 15 EXCUSED: 6 ABSENT: 2 Yeas: Eastman, Gillis, Hopkins, Johnson, Knopp, LeBon, Prax, Pruitt, Shaw, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Vance, Wool Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Johnston, Josephson, Kopp, Kreiss-Tomkins, Ortiz, Spohnholz, Story, Tarr, Zulkosky Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter, LeDoux And so, the motion passed. The question being: "Shall Uniform Rule 23(a) be waived on SB 55, SB 134, SB 155, SB 172?" The roll was taken with the following result: SB 55, SB 134, SB 155, SB 172 Waive Uniform Rule 23(a) YEAS: 22 NAYS: 10 EXCUSED: 6 ABSENT: 2 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky 2020-03-21 House Journal Page 2013 Nays: Eastman, Gillis, Johnson, Prax, Pruitt, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter, LeDoux And so, lacking the required 27 votes to schedule a new meeting, the motion failed. Representative Johnston moved and asked unanimous consent to withdraw the previous motion. There being no objection, it was so ordered. SB 55 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following at today's recessed meeting: CS FOR SENATE BILL NO. 55(2d JUD) "An Act relating to judges of the court of appeals; and providing for an effective date." and SB 134 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following at today's recessed meeting: SENATE BILL NO. 134 "An Act relating to medical assistance reimbursement for the services of licensed professional counselors; and providing for an effective date." and SB 155 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement 2020-03-21 House Journal Page 2014 in Uniform Rule 23(a) so the Finance Committee can hear the following at today's recessed meeting: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 155(RES) "An Act relating to exploration and mining rights; relating to annual labor requirements with respect to mining claims and related leases; relating to statements of annual labor; defining 'labor'; and providing for an effective date." and SB 172 Representative Johnston, Co-chair of the Finance Committee, moved and asked unanimous consent to waive the five-day notice requirement in Uniform Rule 23(a) so the Finance Committee can hear the following at today's recessed meeting: CS FOR SENATE BILL NO. 172(L&C) "An Act extending the termination date of the State Medical Board; requiring a report on the State Medical Board's audit compliance; and providing for an effective date." There was objection. The question being: "Shall Uniform Rule 23(a) be waived on SB 55, SB 134, SB 155, SB 172?" The roll was taken with the following result: SB 55, SB 134, SB 155, SB 172 Waive Uniform Rule 23(a) YEAS: 22 NAYS: 9 EXCUSED: 6 ABSENT: 3 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Gillis, Johnson, Prax, Pruitt, Shaw, Sullivan-Leonard, Talerico, Tilton 2020-03-21 House Journal Page 2015 Excused: Jackson, Lincoln, Merrick, Neuman, Rasmussen, Rauscher Absent: Carpenter, LeDoux, Vance And so, the motion passed. HB 232 Representatives Wool, Josephson, and Story added as cosponsors to: CS FOR HOUSE BILL NO. 232(L&C) "An Act relating to a municipal air quality improvement tax credit; and relating to a municipal energy efficient construction tax credit." HB 290 Representative Drummond added as a cosponsor to: HOUSE BILL NO. 290 "An Act establishing an alternative to arrest procedure for persons in acute episodes of mental illness; relating to emergency detention for mental health evaluation; and relating to licensure of crisis stabilization centers." HB 301 Representatives Drummond and Story added as cosponsors to: CS FOR HOUSE BILL NO. 301(L&C) "An Act relating to certificates of fitness for plumbers and electricians." SB 120 Representative Drummond added as a cross sponsor to: CS FOR SENATE BILL NO. 120(HSS) am H "An Act establishing an alternative to arrest procedure for persons suffering from an acute behavioral health crisis; relating to emergency detention for mental health evaluation; relating to administration of psychotropic medication to a patient without the patient's informed consent; relating to licensure of crisis stabilization centers; and providing for an effective date." 2020-03-21 House Journal Page 2016 ENGROSSMENT HB 301 CSHB 301(L&C) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Thompson moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 23. There being no objection, the House adjourned at 2:55 p.m. Crystaline Jones Chief Clerk