Legislature(2021 - 2022)
2022-05-18 House Journal
Full Journal pdf2022-05-18 House Journal Page 3069 SB 136 The following was read the second time: 2022-05-18 House Journal Page 3070 CS FOR SENATE BILL NO. 136(CRA) "An Act relating to firearms and other weapons restrictions." with the: Journal Page CRA RPT 3DP 1DNP 1NR 2AM 2976 FN3: ZERO(LAW) 2976 Amendment No. 1 was offered by Representative Schrage: Page 2, lines 20 - 25: Delete all material and insert: "(d) A prevailing plaintiff under (c) of this section may recover court costs and the greater amount of actual economic damages or punitive damages under AS 09.17.020." Representative Schrage moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Eastman objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 15: Delete "unless the closure or limitation applies equally to all forms of commerce within the jurisdiction," Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Tilton objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 2 YEAS: 6 NAYS: 33 EXCUSED: 0 ABSENT: 1 Yeas: Eastman, Gillham, Kaufman, Kurka, Rauscher, Vance 2022-05-18 House Journal Page 3071 Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Absent: Kreiss-Tomkins And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Wool, Josephson, Spohnholz, and Snyder: Page 3, following line 1: Insert a new bill section to read: "* Sec. 2. AS 47.05.010, as amended by sec. 41 of Executive Order 121, is amended to read: Sec. 47.05.010. Duties of Department of Health. The Department of Health shall (1) administer adult public assistance, the Alaska temporary assistance program, and all other assistance programs, and receive and spend money made available to it; (2) adopt regulations necessary for the conduct of its business and for carrying out federal and state laws granting adult public assistance, temporary cash assistance, diversion payments, or self-sufficiency services for needy families under the Alaska temporary assistance program, and other assistance; (3) establish minimum standards for personnel employed by the department and adopt necessary regulations to maintain those standards; (4) require those bonds and undertakings from persons employed by it that, in its judgment, are necessary, and pay the premiums on them; (5) cooperate with the federal government in matters of mutual concern pertaining to adult public assistance, the Alaska temporary assistance program, and other forms of public assistance; (6) make the reports, in the form and containing the information, that the federal government from time to time requires; (7) cooperate with the federal government in adopting 2022-05-18 House Journal Page 3072 state plans to make the state eligible for federal matching in appropriate categories of assistance, and in all matters of mutual concern, including adoption of the methods of administration that are found by the federal government to be necessary for the efficient operation of welfare programs; (8) adopt regulations, not inconsistent with law, defining need, prescribing the conditions of eligibility for assistance, and establishing standards for determining the amount of assistance that an eligible person is entitled to receive; the amount of the assistance is sufficient when, added to all other income and resources available to an individual, it provides the individual with a reasonable subsistence compatible with health and well-being; an individual who meets the requirements for eligibility for assistance shall be granted the assistance promptly upon application for it; (9) grant to a person claiming or receiving assistance and who is aggrieved because of the department's action or failure to act, reasonable notice and an opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), and the department shall adopt regulations relative to this; (10) enter into reciprocal agreements with other states relative to public assistance that are considered advisable; (11) establish the requirements of residence for public assistance that are considered advisable, subject to the limitations of other laws of the state, or law or regulation imposed as conditions for federal financial participation; (12) establish the divisions and local offices that are considered necessary or expedient to carry out a duty or authority assigned to it and appoint and employ the assistants and personnel that are necessary to carry on the work of the divisions and offices, and fix the compensation of the assistants or employees, except that a person engaged in business as a retail vendor of general merchandise, or a member of the immediate family of a person who is so engaged, may not serve as an acting, temporary, or permanent local agent of the department, unless the commissioner of health certifies in writing to the governor, with relation to a particular community, that no other qualified person is available in the community to serve as local welfare agent; for the purposes of this paragraph, a "member of the immediate family" includes a spouse, child, parent, brother, sister, parent-in- 2022-05-18 House Journal Page 3073 law, brother-in-law, or sister-in-law; (13) provide education and health-related services and referrals designed to reduce the number of out-of-wedlock pregnancies and the number of induced pregnancy terminations in the state; (14) investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides in facilities licensed by the department under AS 47.32; (15) establish state policy relating to and administer federal programs subject to state control as provided under 42 U.S.C. 3001 - 3058ee (Older Americans Act of 1965), as amended, and related federal regulations; (16) administer the older Alaskans service grants under AS 47.65.010 - 47.65.050 and the adult day care and family respite care grants under AS 47.65.100; (17) develop and implement a public education program to promote safe firearm storage; the program under this paragraph must be primarily directed at the actions of adults and may not address other matters related to the right to keep and bear arms; the department shall consider public input when preparing the focus and content of each public education program under this program; (18) the department shall prepare a report that summarizes the program activities under (17) of this section and, not later than the 10th legislative day of each regular legislative session, deliver the report to the governor, the senate secretary, and the chief clerk of the house of representatives and notify the legislature that the report is available." Renumber the following bill section accordingly. Representative Wool moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rasmussen objected. The Speaker stated that all further amendments to CSSB 136(CRA) am H must be submitted by 1:00 p.m. 2022-05-18 House Journal Page 3074 Amendment No. 1 to Amendment No. 3 was offered by Representative Tarr: Page 3, line 14, following "program": Insert "in consultation with the NRA Eddie Eagle Program and local hunting and sportsman groups" Representative Tarr moved and asked unanimous consent that Amendment No. 1 to Amendment No. 3 be adopted. Representative Rasmussen objected. The Speaker stated that, without objection, the House would recess to 1:00 p.m.; and so, the House recessed at 12:12 p.m. SB 136 The following was before the House in second reading with Amendment No. 1 to Amendment No. 3 moved and pending: CS FOR SENATE BILL NO. 136(CRA) am H "An Act relating to firearms and other weapons restrictions." Representative Tuck placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 1 to Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 1 to Amendment No. 3 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 2022-05-18 House Journal Page 3075 Yeas: Drummond, Eastman, Fields, Foster, Hannan, Hopkins, Josephson, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Vance, Zulkosky Nays: Carpenter, Claman, Cronk, Edgmon, Gillham, Johnson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton, Wool And so, Amendment No. 1 to Amendment No. 3 was not adopted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 3 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Josephson, Kreiss-Tomkins, Ortiz, Schrage, Snyder, Spohnholz, Story, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Foster, Gillham, Hopkins, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Stutes, Thompson, Tilton, Vance And so, Amendment No. 3 was not adopted. Amendment No. 4 was not offered. Representative McCabe moved and asked unanimous consent that debate be limited to three minutes for introduction, two minutes for debate, and two minutes for closing remarks for all bills. There was objection. The question being: "Shall debate be limited?" The roll was taken with the following result: Debate Be Limited Intro: 3 min. Debate: 2 min. Closing: 2 min. 2022-05-18 House Journal Page 3076 YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Nays: Eastman, Kurka, Rauscher, Vance And so, the motion passed. Amendment No. 5 was offered by Representative Rasmussen: Page 1, line 1, following "restrictions" (title amendment): Insert "and relating to hunter and firearm safety education" Page 1, line 1: Insert a new bill section to read: "* Sec. 4. AS 14.30. is amended by adding a new section to read: Sec. 14.30.363. Hunter and firearm safety. Each district in the state public school system shall initiate and conduct a program in hunter and firearm safety for kindergarten through grade 12 in consultation with the Department of Fish and Game. In this section, "district" has the meaning given in AS 14.17.990." Renumber the following bill sections accordingly. Representative Rasmussen moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. Amendment No. 1 to Amendment No. 5 was offered by Representatives Zulkosky and Rasmussen: Page 1, line 9 of the amendment, following "Game,": Insert "Dept. of Public Safety, Dept. of Health, and Dept. of Education & Early Development." Representative Zulkosky moved and asked unanimous consent that Amendment No. 1 to Amendment No. 5 be adopted. 2022-05-18 House Journal Page 3077 There was objection. The question being: "Shall Amendment No. 1 to Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 1 to Amendment No. 5 YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Kurka, LeBon, Prax, Rauscher, Thompson And so, Amendment No. 1 to Amendment No. 5 was adopted. The Speaker stated that all amendments to any bills must be submitted to the Chief Clerk's office by 3:00 p.m. Amendment No. 2 to Amendment No. 5 as amended was offered by Representative Snyder: Page 1, line 9 of the amendment, following "Game.": Insert "Providing for parent notification not less than two weeks before program delivery." Representative Snyder moved and asked unanimous consent that Amendment No. 2 to Amendment No. 5 as amended be adopted. Representative Wool objected. The question being: "Shall Amendment No. 2 to Amendment No. 5 as amended be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 2 to Amendment No. 5 as amended 2022-05-18 House Journal Page 3078 YEAS: 21 NAYS: 16 EXCUSED: 0 ABSENT: 3 Yeas: Claman, Drummond, Eastman, Edgmon, Fields, Foster, Hannan, Josephson, Kurka, McCabe, Nelson, Ortiz, Patkotak, Prax, Schrage, Snyder, Spohnholz, Story, Tarr, Wool, Zulkosky Nays: Carpenter, Cronk, Gillham, Johnson, Kaufman, McCarty, McKay, Merrick, Rasmussen, Rauscher, Shaw, Stutes, Thompson, Tilton, Tuck, Vance Absent: Hopkins, Kreiss-Tomkins, LeBon Josephson changed from "NAY" to "YEA" And so, Amendment No. 2 to Amendment No. 5 as amended was adopted. The question being: "Shall Amendment No. 5 as amended be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 5 as amended YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Gillham, Hannan, Hopkins, Josephson, Kaufman, McCabe, McCarty, Merrick, Nelson, Ortiz, Rasmussen, Rauscher, Schrage, Shaw, Story, Stutes, Tarr, Tilton, Tuck, Vance, Zulkosky Nays: Eastman, Foster, Johnson, Kreiss-Tomkins, Kurka, LeBon, McKay, Patkotak, Prax, Snyder, Spohnholz, Thompson, Wool And so, Amendment No. 5 as amended was adopted and the new title follows: CS FOR SENATE BILL NO. 136(CRA) am H "An Act relating to firearms and other weapons restrictions; and relating to hunter and firearm safety education." Amendment No. 6 was offered by Representative Eastman: Page 2, line 15, following "(1)": Delete "qualified under state law to possess" Insert "not prohibited under state law from possessing" 2022-05-18 House Journal Page 3079 Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Tilton objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Amendment No. 6 YEAS: 2 NAYS: 38 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Kurka Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky And so, Amendment No. 6 was not adopted. Representative Tuck moved and asked unanimous consent that CSSB 136(CRA) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. The question being: "Shall CSSB 136(CRA) am H be advanced to third reading?" The roll was taken with the following result: CSSB 136(CRA) am H Second Reading Advance to Third Reading on the Same Day YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Eastman, Edgmon, Foster, Gillham, Hopkins, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Stutes, Thompson, Tilton, Vance, Zulkosky 2022-05-18 House Journal Page 3080 Nays: Drummond, Fields, Hannan, Josephson, Kreiss-Tomkins, Ortiz, Snyder, Spohnholz, Story, Tarr, Tuck, Wool And so, lacking the required 30 votes, CSSB 136(CRA) am H was not advanced to third reading.