Legislature(2021 - 2022)
2021-05-13 House Journal
Full Journal pdf2021-05-13 House Journal Page 1043 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE FIRST SESSION Juneau, Alaska Thursday May 13, 2021 One Hundred Fifteenth Day Pursuant to adjournment the House was called to order by Speaker Stutes at 10:30 a.m. Roll call showed 39 members present. Representative Kreiss-Tomkins was absent, and his presence was noted later. The invocation was offered by the Chaplain, Representative Gillham. Representative Thompson 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 all religions, I offer the following prayer: Heavenly Father, We come before you and ask that you give us the wisdom of Solomon and the patience of Jobe. We ask that in all decisions we make we do so for your glory. We ask that you help us give comfort to the hurting, heal the sick, and support to those in need. Lord, watch over those who, without praise, have chosen to protect us. Place your spirit around our military, our police officers and all of our first responders, our doctors, our nurses, and all who place their lives on the line every day without 2021-05-13 House Journal Page 1044 regard to their own wellbeing, all for a stranger they don’t know. Father, most of all we ask that you watch over our families and keep them safe while we do what we must do to protect their future. As we move forward, we ask that your wisdom will help us make those decisions. We ask this in the name of our Lord and savior Jesus Christ, Amen. The Pledge of Allegiance was led by Representative Tilton. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 114th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 12 A message dated May 12 was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(RES) am S Urging the United States Department of the Interior, Bureau of Land Management, to honor the recent lease sales and proceed with permitting in the Arctic National Wildlife Refuge; urging the President of the United States to defend the 2020 Record of Decision approving the Coastal Plain Oil and Gas Leasing Program in the Arctic National Wildlife Refuge; opposing designation of the Arctic National Wildlife Refuge as a National Monument; urging the Alaska delegation in Congress to work to repeal sec. 20001(b)(5) of the Tax Cuts and Jobs Act of 2017 to honor the Alaska Statehood Act with respect to the state's share of bonuses, royalties, and rentals from exploration and development in the coastal plain of the Arctic National Wildlife Refuge; and 2021-05-13 House Journal Page 1045 requesting that the Alaska delegation in Congress defeat any effort to alter or repeal other provisions of sec. 20001 of the Tax Cuts and Jobs Act of 2017 if the result would adversely affect oil and gas development efforts in the Arctic National Wildlife Refuge. House Resolve No. 2 REPORTS OF STANDING COMMITTEES HB 44 The Labor & Commerce Committee considered: HOUSE BILL NO. 44 "An Act relating to the practice of accounting." and recommends it be replaced with: CS FOR HOUSE BILL NO. 44(STA) (same title) The report was signed by Representatives Fields and Spohnholz, Co- chairs, with the following individual recommendations: Do pass (6): Kaufman, Schrage, McCarty, Snyder, Nelson, Fields No recommendation (1): Spohnholz The following fiscal note(s) apply to CSHB 44(STA): 2. Zero, Dept. of Commerce, Community, & Economic Development HB 44 was referred to the Rules Committee. HB 85 The Finance Committee considered: HOUSE BILL NO. 85 "An Act relating to the Alaska Banking Code; relating to mutual savings banks; relating to interstate state banks and international banks; relating to the pledging of bank assets as collateral security 2021-05-13 House Journal Page 1046 to tribal organizations; relating to the pledging of bank assets for interest swap agreements; relating to state business licenses; relating to persons who make loans secured by interests in vessels or facilities; relating to liability for the release or threatened release of hazardous substances; relating to the Model Foreign Bank Loan Act; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 85(L&C) (same title) The report was signed by Representatives Merrick and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Ortiz, LeBon, Thompson, Johnson, Rasmussen, Merrick No recommendation (4): Carpenter, Wool, Josephson, Foster The following fiscal note(s) apply to CSHB 85(L&C): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Zero, Dept. of Commerce, Community, & Economic Development 4. Zero, Dept. of Environmental Conservation HB 85 was referred to the Rules Committee. SB 95 The Community & Regional Affairs Committee considered: CS FOR SENATE BILL NO. 95(STA) "An Act relating to the right of first refusal of a volunteer search and rescue group with respect to obsolete or surplus state property." The report was signed by Representatives Hannan and Schrage, Co- chairs, with the following individual recommendations: Do pass (4): Drummond, McCabe, Patkotak, Schrage 2021-05-13 House Journal Page 1047 No recommendation (2): McCarty, Prax Amend (1): Hannan The following fiscal note(s) apply: 1. Zero, Dept. of Administration CSSB 95(STA) was referred to the State Affairs Committee. SB 125 The Resources Committee considered: CS FOR SENATE BILL NO. 125(RES) "An Act relating to the transferability of hunts awarded by drawing; and providing for an effective date." The report was signed by Representative Patkotak, Chair, with the following individual recommendations: Do pass (6): Gillham, Hannan, Hopkins, Fields, McKay, Patkotak No recommendation (1): Schrage The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game CSSB 125(RES) was referred to the Rules Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kaheenaak Gordon L. Jackson By Representatives Story, Kreiss-Tomkins; Senator Kiehl In Memoriam - Pete Hagen By Representatives Story, Hannan; Senator Kiehl 2021-05-13 House Journal Page 1048 In Memoriam - George Nelson, Jr. By Representative Kreiss-Tomkins; Senator Stedman In Memoriam - Louella Jeanette (Olson) Hupprich By Senator Kawasaki; Representatives LeBon, Thompson In Memoriam - Joseph Kan By Senator Kawasaki; Representatives LeBon, Thompson In Memoriam - Jesse Judy By Senator Micciche INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 211 HOUSE BILL NO. 211 by Representative Kurka, entitled: "An Act relating to issuance of subpoenas by committees of the legislature." was read the first time and referred to the State Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 155 The following was read the second time: HOUSE BILL NO. 155 "An Act relating to court-appointed visitors and experts; relating to the powers and duties of the office of public advocacy; relating to the powers and duties of the Alaska Court System; and providing for an effective date." with the: Journal Page JUD RPT 4DP 3NR 560 FN1: (ADM) 560 2021-05-13 House Journal Page 1049 FN2: (AJS) 560 FIN RPT 7DP 2NR 916 FN1: (ADM) 916 FN2: (AJS) 916 Representative Tuck moved and asked unanimous consent that HB 155 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 155 was read the third time. **The presence of Representative Kreiss-Tomkins was noted. The question being: "Shall HB 155 pass the House?" The roll was taken with the following result: HB 155 Third Reading Final Passage YEAS: 38 NAYS: 2 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, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman, Kurka And so, HB 155 passed the House. Representative Tuck moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 155 Third Reading Effective Date YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2021-05-13 House Journal Page 1050 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, 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, the effective date clause was adopted. HB 155 was referred to the Chief Clerk for engrossment. HB 160 The following was read the second time: HOUSE BILL NO. 160 "An Act relating to the state procurement code; establishing the construction manager general contractor procurement method; and providing for an effective date." with the: Journal Page TRA RPT CS(TRA) 4DP 3NR 762 FN1: ZERO(DOT) 762 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 160(TRA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 2, line 1: Delete "exclude price as an evaluation factor" Insert "include factors in addition to price as evaluation factors" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. 2021-05-13 House Journal Page 1051 Objection was heard and withdrawn. There being no further objection Amendment No. 1 was adopted. Representative Tuck moved and asked unanimous consent that CSHB 160(TRA) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 160(TRA) am was read the third time. The question being: "Shall CSHB 160(TRA) am pass the House?" The roll was taken with the following result: CSHB 160(TRA) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool Absent: Zulkosky And so, CSHB 160(TRA) am passed the House. Representative Tuck 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. CSHB 160(TRA) am was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 105 The following, which was advanced to third reading from the May 12 calendar (page 1024), was read the third time: 2021-05-13 House Journal Page 1052 CS FOR HOUSE BILL NO. 105(HSS) "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to the right to representation by the Public Defender Agency; relating to the duties of the commissioner of corrections; relating to the detention of minors; relating to minors subject to adult courts; relating to the placement of minors in adult correctional facilities; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; repealing a requirement for administrative revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain a license for consumption or possession of alcohol or drugs; and providing for an effective date." Representative Tilton moved and asked unanimous consent that CSHB 105(HSS) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 32, line 29: Delete "duties," Insert "duties or [,]" Page 32, lines 29 - 30: Delete "or their volunteer duties under (9) of this subsection," Insert "[OR THEIR VOLUNTEER DUTIES UNDER (9) OF THIS SUBSECTION,]" Page 33, lines 16 - 20: Delete all material and insert: "(9) juvenile probation officers, juvenile probation office staff, and staff of juvenile detention facilities and juvenile treatment facilities, as those terms are defined in AS 47.12.990 [VOLUNTEERS WHO INTERACT WITH CHILDREN IN A PUBLIC OR PRIVATE SCHOOL FOR MORE THAN FOUR HOURS A WEEK]." 2021-05-13 House Journal Page 1053 Page 33, following line 20: Insert new bill sections to read: "* Sec. 56. AS 47.17.022(e) is amended to read: (e) Each school district that provides training under this section shall provide notice to public and private schools located in the school district of the availability of the training [AND INVITE VOLUNTEERS WHO ARE REQUIRED TO REPORT ABUSE OR NEGLECT OF CHILDREN UNDER AS 47.17.020 TO PARTICIPATE IN THE TRAINING AT NO COST TO THE VOLUNTEER]. * Sec. 57. AS 47.17.290(1) is amended to read: (1) "athletic coach" means [(A)] a paid leader or assistant of a sports team [; OR (B) A VOLUNTEER LEADER OR ASSISTANT OF A SPORTS TEAM WHO VOLUNTEERS AS A LEADER OR ASSISTANT OF A SPORTS TEAM FOR MORE THAN FOUR HOURS A WEEK];" Renumber the following bill sections accordingly. Page 33, line 22: Delete "and 47.14.990(9)" Insert "47.14.990(9); and AS 47.17.020(j)" Page 34, line 11: Delete "Section 58" Insert "Section 60" Page 34, line 12: Delete "sec. 59" Insert "sec. 61" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Tarr objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2021-05-13 House Journal Page 1054 CSHB 105(HSS) Second Reading Amendment No. 1 YEAS: 11 NAYS: 28 EXCUSED: 0 ABSENT: 1 Yeas: Carpenter, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McKay, Prax, Rauscher, Tilton Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCarty, Merrick, Nelson, Ortiz, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Vance, Wool, Zulkosky Absent: Patkotak And so, Amendment No. 1 was not adopted. CSHB 105(HSS) was automatically in third reading. The question being: "Shall CSHB 105(HSS) pass the House?" The roll was taken with the following result: CSHB 105(HSS) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Absent: Patkotak And so, CSHB 105(HSS) passed the House. Representative Tuck 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. CSHB 105(HSS) was referred to the Chief Clerk for engrossment. 2021-05-13 House Journal Page 1055 HB 184 The following, which was advanced to third reading from the May 12 calendar (page 1026), was read the third time: HOUSE BILL NO. 184 "An Act requiring state participation in a tribal child welfare compact." The Speaker stated that, without objection, the House would recess until 1:05 p.m.; and so, the House recessed at 11:52 a.m. AFTER RECESS The Speaker called the House back to order at 1:07 p.m. THIRD READING OF HOUSE BILLS HB 184 HB 184 was before the House in third reading. The question being: "Shall HB 184 pass the House?" The roll was taken with the following result: HB 184 Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Carpenter, Eastman, Kurka, McCarty Absent: Shaw And so, HB 184 passed the House and was referred to the Chief Clerk for engrossment. 2021-05-13 House Journal Page 1056 LEGISLATIVE CITATIONS Representative Tuck 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 - Ed Page By Representatives Story, Hannan; Senator Kiehl Honoring - Kelly Shrein, Alaska's 2021 Teacher of the Year By Representative Rasmussen; Senator Costello Honoring - Kelly Lessens and Patrick Higgins By Representatives Schrage, Drummond; Senator Gray-Jackson Honoring - Community & State Providers of the Juneau School District Food Service Program By Representatives Story, Hannan; Senator Kiehl Honoring - Lydia Jacoby By Senators Micciche, Costello; Representative Carpenter Honoring - Ted Spraker By Senator Micciche Honoring - National Active and Retired Federal Employees Association By Senator Kiehl; Representatives Hannan, Story In Memoriam - Braeden Fulton By Representatives Kaufman, Schrage In Memoriam - Ryan Michael Carey By Senator Micciche In Memoriam - James Elliot Fisher By Senator Micciche In Memoriam - Dr. Peter Hansen By Senator Micciche 2021-05-13 House Journal Page 1057 In Memoriam - Jack E. Brown By Senator Micciche; Representative Carpenter In Memoriam - Howard Michael Hunt By Senator Wielechowski; Representative Spohnholz In Memoriam - Raymond H. Preston, Sr. By Senator Wielechowski In Memoriam - Fred Sturman By Senator Micciche; Representative Gillham In Memoriam - Greg Bell By Senator Micciche; Representative Carpenter In Memoriam - Stephen Elwood Tauriainen By Senator Wielechowski In Memoriam - Birgitta Ingrid Kyttle By Senators Wielechowski, Gray-Jackson In Memoriam - Angelko Nikolic By Senator Wielechowski; Representative Spohnholz In Memoriam - John T. Johnson By Senator Shower; Representative Eastman UNFINISHED BUSINESS Representative Tuck moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Zulkosky – from 11:15 a.m., to 12:15, p.m., May 14 Representative Ortiz – from 10:00 p.m., May 30 to 10:00 p.m., May 31 Representative Rasmussen – from 8:00 a.m., June 23 to 10:00 p.m., June 29 2021-05-13 House Journal Page 1058 Representative Drummond – from 10:00 p.m., June 23 to 11:45 a.m., July 3 Representative Claman – from 7:00 a.m., September 3 to 11:00 p.m., October 1 SB 55 The Speaker removed the Labor & Commerce Committee referral for the following: SENATE BILL NO. 55 "An Act relating to employer contributions to the Public Employees' Retirement System of Alaska; and providing for an effective date." SB 55 was referred to the Finance Committee. HB 148 Representative Schrage added as a cosponsor to: HOUSE BILL NO. 148 "An Act relating to the Alaska Coordinate System of 2022." HB 155 Representative Claman added as a cosponsor to: HOUSE BILL NO. 155 "An Act relating to court-appointed visitors and experts; relating to the powers and duties of the office of public advocacy; relating to the powers and duties of the Alaska Court System; and providing for an effective date." HB 157 Representatives Schrage, Merrick, and LeBon added as cosponsors to: HOUSE BILL NO. 157 "An Act requiring the disclosure of the identity of certain persons, groups, and nongroup entities that expend money in support of or in opposition to an application filed for a state referendum or recall election; and providing for an effective date." 2021-05-13 House Journal Page 1059 HB 184 Representatives Tarr, Patkotak, Hopkins, Drummond, and Story added as cosponsors to: HOUSE BILL NO. 184 "An Act requiring state participation in a tribal child welfare compact." HB 201 Representative McKay added as a cosponsor to: HOUSE BILL NO. 201 "An Act relating to special registration plates commemorating police officers killed in the line of duty." SB 125 Representative Hannan added as a cross sponsor to: CS FOR SENATE BILL NO. 125(RES) "An Act relating to the transferability of hunts awarded by drawing; and providing for an effective date." ENGROSSMENT HB 105 CSHB 105(HSS) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 155 HB 155 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 160 CSHB 160 (TRA) am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 184 HB 184 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2021-05-13 House Journal Page 1060 ENROLLMENT HJR 14 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 4:18 p.m. May 13: HOUSE JOINT RESOLUTION NO. 14 Supporting the passage by the United States Congress of the SAFE Banking Act of 2019, sec. 110606 of the Heroes Act, or similar legislation relating to cannabis-related legitimate businesses' access to financial services. Legislative Resolve No. 6 ANNOUNCEMENTS House committee schedules are published under separate cover. The following meetings today were changed: Finance Committee CHANGED TO: 10 min. after adjournment Health & Social Services Committee CHANGED TO: 15 min. after adjournment House Special Committee on Military & Veterans' Affairs CHANGED TO: 3:00 p.m. Resources Committee CHANGED TO: 10 min. after adjournment State Affairs Committee CHANGED TO: 3:40 p.m. 2021-05-13 House Journal Page 1061 ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:30 a.m., May 14. There being no objection, the House adjourned at 3:01 p.m. Crystaline Jones Chief Clerk