Legislature(2021 - 2022)
2021-06-28 House Journal
Full Journal pdf2021-06-28 House Journal Page 1353 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE SECOND SPECIAL SESSION Juneau, Alaska Monday June 28, 2021 Sixth Day Pursuant to adjournment the House was called to order by Speaker Stutes at 11:03 a.m. Roll call showed 38 members present. Representatives Nelson and Zulkosky had been excused from a call of the House today. The invocation was offered by the Chaplain, Representative Kurka. Representative Thompson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In the deepest respect for Alaskans of all faiths, I offer the following prayer: O Lord God, creator of heaven and earth, Thank you for giving us your son Jesus to save us from our own depravity and for being the innocent sacrifice to suffer the punishment we deserve for our own sin. Thank you for your gift of salvation and your righteousness that we can be free from slavery to sin. Continually bring us to repentance that we might turn from our own ways and draw closer to you. Thank you, O Father, for giving us life and creating us in your image and thus endowing us with intrinsic value as human beings with unalienable rights. 2021-06-28 House Journal Page 1354 Thank you for placing us in a country founded on these principles that we might enjoy the blessings of liberty. Help us to remember our duty as legislators to secure the people’s rights granted by you. Thank you for placing us in Alaska, a land of incredible resources and opportunity. Help us to be good stewards to protect our environment but also to develop this land and bring forth abundant reward, but let us not be like the wicked and slothful servant in Matthew 25:26. Let us not become drunk on power or the people's treasury but keep us humble and remind us who we work for and serve. Show us your design, your purpose for civil government. O Holy Spirit, give us wisdom, discernment, direction, and the courage to always do the right thing. For thine is the kingdom, and the power, and the glory, forever. In Jesus' holy name, Amen. The Pledge of Allegiance was led by Representative Cronk. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the third, fourth, and fifth legislative days of the Second Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following were received: HB 69 A letter dated June 14 to Speaker Stutes and President Micciche from the Division of Legislative Finance identifying the fiscal notes included in the packet that accompanied the conference committee with limited powers of free conference report (page 1316) for the following, which was adopted by the House June 15 and Senate June 16: 2021-06-28 House Journal Page 1355 CONFERENCE CS FOR HOUSE BILL NO. 69(brf sup maj fld H/S) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making capital appropriations, supplemental appropriations, and reappropriations; and providing for an effective date." The following fiscal notes were itemized in the letter: HB 27-NAMING IRENE WEBBER BRIDGE 1. Fiscal, Dept. of Transportation & Public Facilities (published 3/12/2021) HB 34-NAMING VIETNAM HELI. PILOTS' MEM. BRIDGE 1. Fiscal, Dept. of Transportation & Public Facilities (published 3/10/2021) HB 100-EXTEND WORKFORCE INVEST BOARD ALLOCATIONS 1. Fiscal, Dept. of Education & Early Development (published 3/20/2021) 7. Fiscal, Dept. of Labor & Workforce Development (published 4/21/2021) 8. Fiscal, Dept. of Labor & Workforce Development (published 4/21/2021) 9. Fiscal, Dept. of Labor & Workforce Development (published 4/21/2021) 11. Fiscal, University of Alaska (published 4/21/2021) SB 19-EXTEND SPECIAL EDUCATION SERVICE AGENCY 2. Fiscal, Dept. of Education & Early Development (published 3/24/2021) 2021-06-28 House Journal Page 1356 SB 21-LICENSE MOBILE INTENSIVE CARE PARAMEDICS 2. Fiscal, Conference Committee: HB 69/Dept. of Commerce, Community, & Economic Development (published 6/30/2021) SB 27-INDUSTRIAL HEMP PROGRAM; MANUFACTURING 2. Fiscal, Dept. of Natural Resources (published 5/10/2021) SB 55-EMPLOYER CONTRIBUTIONS TO PERS 3. Fiscal, Office of the Governor/Retirement Payments (published 4/19/2021) 6. Fiscal, Conference Committee/Various Depts. (published 6/30/21) HB 71 A letter dated June 14 to Speaker Stutes and President Micciche from the Division of Legislative Finance identifying the fiscal notes included in the packet that accompanied the conference committee with limited powers of free conference report (page 1316) for the following, which was adopted by the House June 15 and Senate June 16: CONFERENCE CS FOR HOUSE BILL NO. 71 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; making capital appropriations and supplemental appropriations; and providing for an effective date." The following fiscal note was itemized in the letter: SB 55-EMPLOYER CONTRIBUTIONS TO PERS 6. Fiscal, Conference Committee/Various Depts. (published 6/30/2021) 2021-06-28 House Journal Page 1357 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 201 HOUSE CONCURRENT RESOLUTION NO. 201 by Representative Stutes: Suspending Rules 47 and 55, Uniform Rules of the Alaska State Legislature, relating to the carry-over of bills from the First Regular Session and the First Special Session to the Second Special Session, concerning House Bill No. 69. was read the first time and was before the House. The question being: "Shall HCR 201 pass the House?" The roll was taken with the following result: HCR 201 YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCarty, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool Nays: Eastman, Johnson, Kurka, McCabe, Prax Excused: Nelson, Zulkosky And so, HCR 201 passed the House and was referred to the Chief Clerk for engrossment. RESCIND HB 69 Representative Tuck moved and asked unanimous consent that the House rescind previous action in failing to adopt the effective date clause (page 1317) on the following: CONFERENCE CS FOR HOUSE BILL NO. 69(brf sup maj fld H/S)(efd fld H) 2021-06-28 House Journal Page 1358 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making capital appropriations, supplemental appropriations, and reappropriations." There was objection. The question being: "Shall the House rescind previous action in failing to adopt the effective date clause?" The roll was taken with the following result: CCS HB 69(brf sup maj fld H/S)(efd fld H) Rescind Previous Action in Failing to Adopt Effective Date YEAS: 29 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCarty, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool Nays: Carpenter, Cronk, Eastman, Gillham, Johnson, Kurka, McCabe, Prax, Vance Excused: Nelson, Zulkosky And so, the motion passed. The effective date clause of CCS HB 69(brf sup maj fld H/S) was before the House. Representative Eastman rose to a point of order regarding recognition of members during debate. The Speaker stated that the motion was well taken. Representative McKay moved to table the motion to adopt the effective date clause in CCS HB 69(brf sup maj fld H/S). Representative Josephson objected and withdrew his objection. There being no further objection, it was so ordered. 2021-06-28 House Journal Page 1359 SENSE OF THE HOUSE The following Sense of the House was offered by Representatives Stutes and Tilton: "It is the Sense of the House that a bicameral non-partisan working group be formed, immediately following adjournment of the Second Special Session of the Thirty-second Alaska State Legislature, for the purpose of creating a comprehensive fiscal plan for consideration at the next special session. The working group will be tasked with developing policy recommendations that will provide fiscal certainty for Alaskans into the future through means of achieving a balanced budget and resolving the annual dispute over the Permanent Fund Dividend, and will include, but not be limited to, a spending cap, new revenues, and spending reductions. The working group will be comprised of members from the House and Senate and include equal representation from members of all four caucuses. The structure and makeup of the group will be determined by the presiding officers and the respective minority leaders. Further it is the Sense of the House that the working group hold at least two public meetings focused on public engagement. Once formed, the working group will be tasked with establishing a timeline and structure for developing policy recommendations to be delivered to the legislature no later than the first day of the next special session. Further, it is the Sense of the House that the House Minority and Majority Caucus have agreed to the terms of a separate letter of agreement dated 6/28/21." Representative Claman rose to a point of order regarding decorum. The Speaker cautioned members not to impugn the motives of others. The question being: "Shall the House adopt the Sense of the House?" The roll was taken with the following result: 2021-06-28 House Journal Page 1360 Sense of the House YEAS: 30 NAYS: 8 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCarty, McKay, Merrick, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool Nays: Carpenter, Cronk, Eastman, Gillham, Johnson, Kurka, McCabe, Vance Excused: Nelson, Zulkosky And so, the Sense of the House was adopted. RESCIND HB 69 Representative Tuck moved and asked unanimous consent that the motion to adopt the effective date clause on CCS HB 69(brf sup maj fld H/S) be taken up from the table. There being no objection, it was so ordered. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CCS HB 69(brf sup maj fld H/S) Effective Date YEAS: 28 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCarty, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool Nays: Carpenter, Cronk, Eastman, Gillham, Johnson, Kurka, McCabe, Prax, Rauscher, Vance Excused: Nelson, Zulkosky And so, the effective date clause was adopted, and the new title follows: 2021-06-28 House Journal Page 1361 CONFERENCE CS FOR HOUSE BILL NO. 69(brf sup maj fld H/S) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making capital appropriations, supplemental appropriations, and reappropriations; and providing for an effective date." The Chief Clerk notified the Senate. The Senate adopted the Conference Committee with limited powers of free conference report (June 16). CCS HB 69(brf sup maj fld H/S) was referred to the Chief Clerk for engrossment and enrollment. SENSE OF THE HOUSE Representative Tuck moved and asked unanimous consent that the Letter of Agreement dated June 28 accompanying the Sense of the House be spread on the journal. There being no objection, it was so ordered. "Dear Colleagues, House leadership has reviewed your proposal and would like to offer the following response. First, immediate steps are needed to avert a government shutdown. Rescinding our action in failing to pass the effective date for HB 69 is the only legislative avenue capable of accomplishing that before July lst. Due to significant time constraints, the House will be taking that vote tomorrow, Monday, June 28th. Second, the House Majority is committed to addressing your concerns and the implementation of a fiscal/PFD solution. Although, we cannot guarantee particular outcomes, you have our word that we will work with you on your concerns and a comprehensive fiscal solution at the next special session. Regarding your proposal: o #1: The current understanding is that this document will be a Sense of the House, not a House Resolution. 2021-06-28 House Journal Page 1362 o #2: We welcome a joint press conference to announce the formulation of the working group referenced below. However, including that in the Sense of the House doesn't seem appropriate. o #3: A Sense of the House is a public document. Although we have no issues posting it on our majority website and social media platforms, including that in a Sense of the House doesn't seem appropriate. o #4: Pursue all available means to reverse the effects of the conference committee report amendments number 1, 2, and 3 with respect to funding source, while pursuing avenues to address the CBR and reverse sweep. o #6 and #7: We are committed to implementing a fiscal solution and a solution to the PFD; however, the fiscal policies pursued at the upcoming special session should be those recommended by the working group. The House should not endorse particular policies prior to the recommendations of the working group. o #5: We agree wholeheartedly and offer the following language: "It is the Sense of the House that a bicameral non-partisan working group be formed, immediately following adjournment of the Second Special Session of the Thirty-second Alaska State Legislature, for the purpose of creating a comprehensive fiscal plan for consideration at the next special session. The working group will be tasked with developing policy recommendations that will provide fiscal certainty for Alaskans into the future through means of achieving a balanced budget and resolving the annual dispute over the Permanent Fund Dividend, and will include, but not be limited to, a spending cap, new revenues, and spending reductions. The working group will be comprised of members from the House and Senate and include equal representation from members of all four caucuses. The structure and makeup of the group will be determined by the presiding officers and the respective minority leaders. Further, it is the Sense of the House that the working group hold at least two public meetings focused on public engagement. 2021-06-28 House Journal Page 1363 Once formed, the working group will be tasked with establishing a timeline and structure for developing policy recommendations to be delivered to the legislature no later than the first day of the next special session. Further, it is the Sense of the House that the House Minority and Majority Caucus have agreed to the terms of a separate letter of agreement dated 6/28/21" Please accept this document as well as the above Sense of the House, as adequate proof of our good-faith intentions. Letter of Agreement signed on June 28th by /s/ Representative Louise Stutes /s/ Representative Cathy Tilton" 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 Cronk – from: 8:00 p.m., July 1 to midnight, July 6 8:00 p.m., September 2 to midnight, October 4 Representative Hopkins – from 12:45 a.m., June 29 to 1:30 a.m., July 3 Representative Story – from: midnight, July 8 to 11:00 p.m., August 1 4:00 a.m., August 24 to 10:00 p.m., August 29 Representative Thompson – from 6:00 a.m., August 1 to 6:00 p.m., August 8 Representative Tilton – from 6:00 p.m., today to 9:00 p.m., June 29 Representative Tuck – from 8:00 p.m., August 1 to midnight, August 7 2021-06-28 House Journal Page 1364 Representative McCabe moved and asked unanimous consent that HJR 7 be discharged from the Judiciary Committee. The Speaker ruled the motion out of order because the bill is not on the call for the Second Special Session. ENGROSSMENT HCR 201 HCR 201 was engrossed, signed by the Speaker and Chief Clerk. ENGROSSMENT AND ENROLLMENT HB 69 The following was engrossed and 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 3:20 p.m., June 28 with a fiscal note packet and a Legislative Finance letter (page 1354): CONFERENCE CS FOR HOUSE BILL NO. 69(brf sup maj fld H/S) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making capital appropriations, supplemental appropriations, and reappropriations; and providing for an effective date." The following memorandum dated June 28 was received from Lora Brown, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CCS HB 69(brf sup maj fld H/S), which have been corrected in enrolling: Page 103, line 20: Delete "30,000,000" in both places Insert "20,000,000" in both places Page 112, line 13: Delete "AS 37.05.289" Insert "AS 37.05.289(a)" 2021-06-28 House Journal Page 1365 Page 112, line 17: Following "of": Insert "the" Delete "AS 28.10.421(d)(21)" Insert "AS 28.10.421(d)" Page 112, line 19, following "SCTP": Insert ", non profit corporation," Page 115, line 1, following "Control": Insert "and Prevention" Page 115, line 3, following "Control": Insert "and Prevention" Page 116, line 1, following "Control": Insert "and Prevention" Page 116, line 3, following "Control": Insert "and Prevention" Page 116, line 5, following "from": Insert "federal receipts received from" Page 116, line 9, following "from": Insert "federal receipts received from" Page 116, line 21, following "from": Insert "federal receipts received from" Page 116, line 28: Delete "Chafee " Insert "John H. Chafee " Page 116, line 29: Delete "Chafee Educational and" Insert "Education" Page 116, line 31, following "from": Insert "federal receipts received from" 2021-06-28 House Journal Page 1366 Page 119, line 22, following "infrastructure": Insert "or" Page 137, line 23: Delete "of" Page 138, line 20: Delete "section" Insert "paragraph" Page 139, line 15: Delete "AS 37.05.289" Insert "AS 37.05.289(a)" Page 142, line 17: Delete "Families" Insert "Family" Page 142, line 23: Delete "sec. 8" Insert "sec. 8(a)" Page 148, line 24: Delete "AS 37.05.146(b)" Insert "AS 37.05.146(b)(2)" Page 153, line 20: Delete "section" Insert "paragraph" Page 154, line 26, following "infrastructure": Insert "or" Page 166, lines 12 - 13: Delete "78, and 79" Insert "and 78"" 2021-06-28 House Journal Page 1367 ENROLLMENT HB 109 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 2:00 p.m., June 28: SENATE CS FOR HOUSE BILL NO. 109(JUD) am S "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." ANNOUNCEMENTS Uniform Rule 23(d) is in effect. House committee schedules are published under separate cover. ADJOURNMENT Representative Tarr, citing Uniform Rule 52, moved and asked unanimous consent that the Second Special Session of the House of Representatives of the Thirty-Second Legislature adjourn sine die. Representative Eastman objected and withdrew his objection. There being no further objection, the House adjourned at 1:04 p.m. Crystaline Jones Chief Clerk