Legislature(2021 - 2022)
2022-05-09 House Journal
Full Journal pdf2022-05-09 House Journal Page 2805 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE SECOND SESSION Juneau, Alaska Monday May 9, 2022 One Hundred Twelfth Day Pursuant to adjournment the House was called to order by Speaker Stutes at 11:04 a.m. Roll call showed 36 members present. Representative McCarty had been excused from a call of the House today. Representative Kreiss- Tomkins was absent and his presence was noted later. Representative Tuck moved and asked unanimous consent that Representatives Rasmussen and Wool be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Kirk Thorsteinson of the Alaska Army National Guard. Representative Thompson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Aloha, friends and "guess who's back, back again!" It's always a joy to be here with you on behalf of the Adjutant General and Commissioner of Alaska's Department of Military and Veterans Affairs. Before I ask Divine blessing on your day, as we observe Military Appreciation Month, on behalf of Alaska's Arctic Warriors I want to thank you for recently remembering, honoring, and celebrating the life of our sister, Colonel Justine Emerson. Let us pray. Lord of All Hearts, I invite and acknowledge your presence with us on this day of the moon. Provide your calm presence and if any 2022-05-09 House Journal Page 2806 begin to have a "Manic Monday," help us to incorporate Saint Bob's two simple word treatment and "Stop It!" Please shower your blessings on all involved in this day's session activities as they continue striving with one another to ensure the Land of the Midnight Sun is the good place. Give them grace to be nicer to themselves and the stamina to continue doing their level best. High King of Heaven, just as President Nixon and anti-war protestors spoke at the Lincoln Memorial this day in 1970, assist all listening to have friendly conversations, seek understanding, and build relationships. And, Ruler of All, daily remind us of Abraham Lincoln's words …my concern is not whether God is on our side; my greatest concern is to be on God's side, for God is always right. Amen and God bless you! The Pledge of Allegiance was led by Representative LeBon. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 108th, 109th, 110th, and 111th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 81 A message dated May 9 was read stating the Senate concurred in the House amendment to CSSB 81(CRA), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 81(FIN) "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." A message dated May 5 was read stating the Senate passed the following, and it is transmitted for consideration: 2022-05-09 House Journal Page 2807 FIRST READING AND REFERENCE OF SENATE BILLS SB 227 CS FOR SENATE BILL NO. 227(RES) by the Senate Resources Committee, entitled: "An Act relating to state ownership of submerged land underlying navigable water within the boundaries of and adjacent to federal areas; and providing for an effective date." was read the first time and referred to the Resources Committee. COMMUNICATIONS The following were received: Dept. of Administration Monetary Terms of Agreement Between the State and the Confidential Employees Association May 9, 2022 (as required by AS 23.40.215) Dept. of Administration Monetary Terms of Agreement Between the State and the Marine Engineers Beneficial Association May 9, 2022 (as required by AS 23.40.215) Dept. of Administration Monetary Terms of Agreement Between the State and the International Organization of Masters, Mates, and Pilots May 9, 2022 (as required by AS 23.40.215) The Speaker referred the monetary terms to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 358 The Finance Committee considered: 2022-05-09 House Journal Page 2808 HOUSE BILL NO. 358 "An Act relating to the renewable energy grant fund and recommendation program; and providing for an effective date." The report was signed by Representatives Merrick and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Edgmon, LeBon, Josephson, Foster No recommendation (2): Johnson, Merrick The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 358 was referred to the Rules Committee. SB 95 The State 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 95(STA) (same title) The report was signed by Representative Claman, Vice Chair, with the following individual recommendations: Do pass (4): Tarr, Vance, Story, Claman No recommendation (1): Eastman The following fiscal note(s) apply to HCS CSSB 95(STA): 2. Zero, Dept. of Administration CSSB 95(STA) was referred to the Rules Committee. 2022-05-09 House Journal Page 2809 SB 132 The Health & Social Services Committee considered: SENATE BILL NO. 132 "An Act exempting veterinarians from the requirements of the controlled substance prescription database." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 132(HSS) "An Act relating to the controlled substance prescription database." (HCR 15 - title change resolution) The report was signed by Representative Zulkosky, Co-chair, with the following individual recommendations: Do pass (1): Spohnholz Amend (4): Fields, Prax, Kurka, Zulkosky The following fiscal note(s) apply to HCS SB 132(HSS): 1. Fiscal, Dept. of Commerce, Community, & Economic Development SB 132 was referred to the Labor & Commerce Committee. SB 151 The Finance Committee considered: SENATE BILL NO. 151 "An Act extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 151(L&C) (same title) 2022-05-09 House Journal Page 2810 The report was signed by Representatives Merrick and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Edgmon, LeBon, Josephson, Foster No recommendation (2): Johnson, Merrick The following fiscal note(s) apply to HCS SB 151(L&C): 2. Fiscal, Dept. of Commerce, Community, & Economic Development SB 151 was referred to the Rules Committee. SB 182 The State Affairs Committee considered: CS FOR SENATE BILL NO. 182(JUD) "An Act establishing the crime of interference with emergency communications." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 182(STA) (same title) The report was signed by Representative Claman, Vice Chair, with the following individual recommendations: Do pass (2): Vance, Claman Do not pass (1): Eastman No recommendation (2): Story, Tarr The following fiscal note(s) apply to HCS CSSB 182(STA): 1. Zero, Dept. of Law CSSB 182(JUD) was referred to the Judiciary Committee. 2022-05-09 House Journal Page 2811 SB 186 The Finance Committee considered: SENATE BILL NO. 186 "An Act extending the termination date of the Board of Examiners in Optometry; and providing for an effective date." The report was signed by Representatives Merrick and Foster, Co- chairs, with the following individual recommendations: Do pass (3): Edgmon, LeBon, Foster No recommendation (3): Johnson, Josephson, Merrick The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development SB 186 was referred to the Rules Committee. SB 193 The Finance Committee considered: CS FOR SENATE BILL NO. 193(FIN) "An Act extending the termination date of the Board of Chiropractic Examiners; requiring a report on audit compliance by the Board of Chiropractic Examiners; and providing for an effective date." The report was signed by Representatives Merrick and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Edgmon, LeBon, Josephson, Foster No recommendation (2): Johnson, Merrick The following fiscal note(s) apply: 3. Fiscal, Dept. of Commerce, Community, & Economic Development CSSB 193(FIN) was referred to the Rules Committee. 2022-05-09 House Journal Page 2812 SB 219 The Resources Committee considered: SENATE BILL NO. 219 "An Act providing for the transfer of and addition of names to a personal use cabin permit for a cabin on state land; and providing for an effective date." The report was signed by Representative Patkotak, Chair, with the following individual recommendations: Do pass (1): McKay No recommendation (4): Fields, Hannan, Schrage, Patkotak The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources SB 219 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 - Michael Williams Sr. By Representative Zulkosky; Senator Hoffman Honoring - Rachel Bylsma By Senator Revak; Representative Schrage Honoring - Ken Miller By Senator Revak; Representative Spohnholz In Memoriam - Sherry Simpson By Representatives Story, Hannan; Senator Bishop In Memoriam - Arliss Sturgulewski By Senators Begich, Gray-Jackson; Representative Josephson 2022-05-09 House Journal Page 2813 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 15 HOUSE CONCURRENT RESOLUTION NO. 15 by the House Health and Social Services Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 132, exempting veterinarians from the requirements of the controlled substance prescription database. was read the first time. HJR 36 HOUSE JOINT RESOLUTION NO. 36 by the House Resources Committee: Urging the United States Congress to pass the Alaska Salmon Research Task Force Act. was read the first time and referred to the House Special Committee on Fisheries. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 64 The following was read the second time: HOUSE BILL NO. 64 "An Act relating to regional fishery development associations; and relating to developing fishery management assessments." with the: Journal Page FSH RPT CS(FSH) 4DP 2NR 671 FN1: INDETERMINATE(DFG) 671 FN2: INDETERMINATE(REV) 671 2022-05-09 House Journal Page 2814 FIN RPT CS(FSH) 5DP 4NR 1971 FN3: ZERO(DFG) 1971 FN4: INDETERMINATE(DFG) 1971 FN5: INDETERMINATE(REV) 1971 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. 64(FSH) (same title) Representative Eastman objected. **The presence of Representative Kreiss-Tomkins was noted. The question being: "Shall the House adopt CSHB 64(FSH)?" The roll was taken with the following result: HB 64 Second Reading Adopt Fisheries CS YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Zulkosky Nays: Eastman, Kurka Excused: McCarty, Rasmussen, Wool And so, CSHB 64(FSH) was adopted. Amendment No. 1 was offered by Representative Eastman: Page 8, line 22: Delete "75 percent" Insert "50 percent" 2022-05-09 House Journal Page 2815 Page 9, line 23: Delete "75 percent" Insert "50 percent" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Tuck moved and asked unanimous consent to divide the question. There being no objection, Amendment No. 1 was divided. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 1.A. There being no objection, it was so ordered. Amendment No. 1.B: Page 9, line 23: Delete "75 percent" Insert "50 percent" The question being: "Shall Amendment No. 1.B be adopted?" The roll was taken with the following result: CSHB 64(FSH) Second Reading Amendment No. 1.B - Page 9, line 23 YEAS: 6 NAYS: 31 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Eastman, Johnson, Kaufman, Kurka, McKay Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCabe, Merrick, Nelson, Ortiz, Patkotak, Prax, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Zulkosky Excused: McCarty, Rasmussen, Wool And so, Amendment No. 1.B was not adopted. 2022-05-09 House Journal Page 2816 Amendment No. 2 was not offered. Representative Tuck moved and asked unanimous consent that CSHB 64(FSH) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 64(FSH) will advance to third reading on tomorrow's calendar. HB 172 The following was read the second time: HOUSE BILL NO. 172 "An Act relating to admission to and detention at a subacute mental health facility; establishing a definition for 'subacute mental health facility'; establishing a definition for 'crisis residential center'; relating to the definitions for 'crisis stabilization center'; relating to the administration of psychotropic medication in a crisis situation; relating to licensed facilities; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NEW TITLE 3DP 1DNP 1NR 1AM 1950 FN4: ZERO(DPS) 1950 FN5: (AJS) 1950 FN6: (DHS) 1950 FN7: (DHS) 1950 HSS RPT CS(HSS) NEW TITLE 3DP 3NR 1AM 2259 FN4: ZERO(DPS) 2259 FN5: (AJS) 2259 FN6: (DHS) 2259 FN7: (DHS) 2259 FN8: (ADM) 2259 FIN RPT CS(FIN) NEW TITLE 5DP 5NR 2704 FN4: ZERO(DPS) 2704 FN5: (AJS) 2704 FN6: (DHS) 2704 FN7: (DHS) 2704 FN8: (ADM) 2704 2022-05-09 House Journal Page 2817 The Speaker stated that, without objection, HB 172 would be moved to the bottom of the calendar. HB 177 The following was read the second time: HOUSE BILL NO. 177 "An Act relating to an increase of an appropriation due to additional federal or other program receipts; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 5DP 1183 FN1: ZERO(GOV) 1183 FIN RPT CS(STA) 4DP 4NR 2040 FN2: ZERO(GOV) 2040 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. 177(STA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 2, lines 15 - 19: Delete "shall again review the revised program or project, and, if the governor determines to authorize the expenditure, the governor shall provide the Legislative Budget and Audit Committee with a statement of the governor's reasons before commencement of expenditures under the revised program or project" Insert "may not expend the receipts under the revised program or project unless the receipts are specifically appropriated by the full legislature [SHALL AGAIN REVIEW THE REVISED PROGRAM AND IF THE GOVERNOR DETERMINES TO AUTHORIZE THE EXPENDITURE, THE GOVERNOR SHALL PROVIDE THE LEGISLATIVE BUDGET AND AUDIT 2022-05-09 House Journal Page 2818 COMMITTEE WITH A STATEMENT OF THE GOVERNOR'S REASONS BEFORE COMMENCEMENT OF EXPENDITURES UNDER THE REVISED PROGRAM]." Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 177(STA) Second Reading Amendment No. 1 YEAS: 14 NAYS: 23 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Eastman, Gillham, Johnson, Josephson, Kaufman, Kurka, McKay, Prax, Rauscher, Shaw, Tarr, Tilton, Vance Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Kreiss-Tomkins, LeBon, McCabe, Merrick, Nelson, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Thompson, Tuck, Zulkosky Excused: McCarty, Rasmussen, Wool And so, Amendment No. 1 was not adopted. Representative Tuck moved and asked unanimous consent that CSHB 177(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 177(STA) was read the third time. The question being: "Shall CSHB 177(STA) pass the House?" The roll was taken with the following result: CSHB 177(STA) Third Reading Final Passage 2022-05-09 House Journal Page 2819 YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Zulkosky Nays: Eastman Excused: McCarty, Rasmussen, Wool And so, CSHB 177(STA) 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 177(STA) was referred to the Chief Clerk for engrossment. HB 349 The Speaker stated that, without objection, the following would be held in second reading to tomorrow's calendar: HOUSE BILL NO. 349 "An Act relating to the establishment of oil and gas drilling units and patterns." SECOND READING OF SENATE BILLS SB 174 The following was read the second time: CS FOR SENATE BILL NO. 174(EDC) "An Act relating to dress codes and natural hairstyles." with the: Journal Page L&C RPT HCS(L&C) 6DP 2623 FN1: ZERO(EED) 2623 FN2: ZERO(LWF) 2623 2022-05-09 House Journal Page 2820 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 174(L&C) (same title) There being no objection, it was so ordered. The Speaker stated that, without objection, the House would recess to 3:00 p.m.; and so, the House recessed at 1:00 p.m. AFTER RECESS The Speaker called the House back to order at 3:05 p.m. **The presence of Representatives McCarty, Rasmussen, and Wool who were excused (pages 2738, 2805), was noted. SECOND READING OF SENATE BILLS SB 174 The following was before the house in second reading: HOUSE CS FOR CS FOR SENATE BILL NO. 174(L&C) "An Act relating to dress codes and natural hairstyles." Amendment No. 1 was offered by Representatives Cronk, Tarr, and Nelson: Page 1, line 10: Delete "or" Page 1, line 12, following "hair": Insert "; or (4) prohibits a student from wearing traditional tribal regalia or objects of cultural significance at a graduation ceremony" Representative Cronk moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. 2022-05-09 House Journal Page 2821 Amendment No. 2 was offered by Representatives Thompson and Eastman: Page 2, lines 1 - 13: Delete all material. Representative Thompson moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Tarr objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 174(L&C) am H Second Reading Amendment No. 2 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Edgmon, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Stutes, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Ortiz, Schrage, Snyder, Spohnholz, Story, Tarr, Tuck, Wool, Zulkosky And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Eastman: Page 1, lines 6-7: Delete "prohibits a student from wearing a hairstyle that is associated with race" Insert "prohibits a student from wearing a hairstyle that is associated with the student's race" Page 2, lines 4-5: Delete "prohibits an employee from wearing a hairstyle that is associated with race" 2022-05-09 House Journal Page 2822 Insert "prohibits an employee from wearing a hairstyle that is associated with the employee's race" Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 174(L&C) am H Second Reading Amendment No. 3 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McKay, Prax, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, McCarty, Merrick, Nelson, Ortiz, Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 1, lines 11-12: Delete "requires a student to permanently or semipermanently alter the student's natural hair." Insert "requires a student to employ mechanical or chemical methods or treatments to alter the natural characteristics of the student's hair." Page 2, lines 9-10: Delete "requires an employee to permanently or semipermanently alter the employee's natural hair." Insert "requires an employee to employ mechanical or chemical methods or treatments to alter the natural characteristics of the employee's hair." 2022-05-09 House Journal Page 2823 Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. There was objection. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 174(L&C) am H Second Reading Amendment No. 4 YEAS: 14 NAYS: 24 EXCUSED: 0 ABSENT: 2 Yeas: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, McCabe, McCarty, McKay, Prax, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Nelson, Ortiz, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Absent: Johnson, Patkotak And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Eastman: Page 1, lines 8-10: Delete "prohibits a student from wearing a natural hairstyle, regardless of the student's hair texture or type; in this paragraph, "natural hairstyle" includes braids, locs, twists, tight coils, afros, cornrows, and bantu knots; or" Insert "prohibits a student from wearing a hairstyle or headwrap intended to protect the student's hair or scalp from environmental damage; or" Page 2, lines 6-8: Delete "prohibits an employee from wearing a natural hairstyle, regardless of the employee's hair texture or type; in this paragraph, "natural hairstyle" includes braids, locs, twists, tight coils, afros, cornrows, and bantu knots; or" Insert "prohibits an employee from wearing a hairstyle or 2022-05-09 House Journal Page 2824 headwrap intended to protect the employee's hair or scalp from environmental damage; or" Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 174(L&C) am H Second Reading Amendment No. 5 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McKay, Prax, Rauscher, Shaw, Thompson, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, McCarty, Merrick, Nelson, Ortiz, Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky And so, Amendment No. 5 was not adopted. Amendment No. 6 was not offered. Representative Tuck moved and asked unanimous consent that HCS CSSB 174(L&C) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 174(L&C) am H will advance to third reading on tomorrow's calendar. 2022-05-09 House Journal Page 2825 HOUSE BILLS IN THIRD READING HB 135 The Speaker stated that, without objection, the following, which was read the third time and held from the May 5 calendar (page 2793), would be returned to the Rules Committee: CS FOR HOUSE BILL NO. 135(RES) "An Act relating to geothermal resources; relating to the definition of 'geothermal resources'; and providing for an effective date." SECOND READING OF HOUSE BILLS HB 172 The following, which was read the second time and moved to the bottom of the calendar (page 2817), was before the House: HOUSE BILL NO. 172 "An Act relating to admission to and detention at a subacute mental health facility; establishing a definition for 'subacute mental health facility'; establishing a definition for 'crisis residential center'; relating to the definitions for 'crisis stabilization center'; relating to the administration of psychotropic medication in a crisis situation; relating to licensed facilities; and providing for an effective date." 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. 172(FIN) "An Act relating to crisis stabilization centers, crisis residential centers, and subacute mental health facilities; relating to representation by an attorney; relating to the administration of psychotropic medication in a crisis situation; relating to hospitalizations for mental health evaluation; relating to licensed facilities; relating to a report to the legislature on psychiatric patients and patient rights; and providing for an effective date." There being no objection, it was so ordered. 2022-05-09 House Journal Page 2826 Amendment No. 1 was offered by Representative Kurka: Page 11, line 24: Delete "during not [NO] more than three crisis periods" Insert "[DURING NO MORE THAN THREE CRISIS PERIODS]" Representative Kurka moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Spohnholz objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 172(FIN) Second Reading Amendment No. 1 YEAS: 4 NAYS: 34 EXCUSED: 0 ABSENT: 2 Yeas: Eastman, Kurka, Rauscher, Vance Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Absent: Kreiss-Tomkins, Patkotak And so, Amendment No. 1 was not adopted. Representative Tuck moved and asked unanimous consent that Representative Kreiss-Tomkins be excused from a call of the House today. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Kurka: Page 6, line 29, following "holidays": Insert ", except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of the 72-hour period would result in the respondent being held for longer than 72 hours, the 72- 2022-05-09 House Journal Page 2827 hour period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday" Page 10, line 31, following "facility": Insert ", except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of a 72-hour evaluation period or 48-hour detention period would result in the respondent being held for longer than 72 hours or 48 hours, as applicable, the period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday" Representative Kurka moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Claman objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Kurka: Page 3, following line 15: Insert a new bill section to read: "* Sec. 9. AS 12.25.031 is amended by adding a new subsection to read: (j) An individual being transported to a crisis stabilization center, crisis residential center, or evaluation facility by a peace officer, or an individual involuntarily committed to a crisis stabilization center, crisis residential center, or evaluation facility under (b) of this section, possesses all rights the individual would possess if under arrest." Renumber the following bill sections accordingly. Page 14, lines 28 - 29: Delete "secs. 1 - 31" Insert "secs. 1 - 32" Page 16, lines 1 - 2: Delete "sec. 27" Insert "sec. 28" 2022-05-09 House Journal Page 2828 Page 16, line 3: Delete "sec. 27" Insert "sec. 28" Page 16, line 12: Delete "Section 32" Insert "Section 33" Representative Kurka moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Spohnholz objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 172(FIN) am Second Reading Amendment No. 3 YEAS: 5 NAYS: 32 EXCUSED: 1 ABSENT: 2 Yeas: Eastman, Gillham, Kurka, Rauscher, Vance Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kaufman, LeBon, McCabe, McCarty, McKay, Nelson, Ortiz, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Excused: Kreiss-Tomkins Absent: Merrick, Patkotak And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative McCarty: Page 15, line 15, following "patient": Insert "and staff" Page 15, line 16, following "patient": Insert "and staff" 2022-05-09 House Journal Page 2829 Representative McCarty moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Claman objected and withdrew the objection. There being no further objection, Amendment No. 4 was adopted. Amendment No. 5 was offered by Representative Eastman: Page 15, line 18, following "means": Insert "being administered medication involuntary, or" Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Claman objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 172(FIN) am Second Reading Amendment No. 5 YEAS: 26 NAYS: 12 EXCUSED: 1 ABSENT: 1 Yeas: Carpenter, Cronk, Drummond, Eastman, Gillham, Hopkins, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Prax, Rasmussen, Rauscher, Shaw, Spohnholz, Story, Tarr, Thompson, Tilton, Vance, Wool Nays: Claman, Edgmon, Fields, Foster, Hannan, Josephson, Ortiz, Schrage, Snyder, Stutes, Tuck, Zulkosky Excused: Kreiss-Tomkins Absent: Patkotak And so, Amendment No. 5 was adopted. Representative Tuck moved and asked unanimous consent that CSHB 172(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. 2022-05-09 House Journal Page 2830 There was objection. CSHB 172(FIN) am will advance to third reading on tomorrow's calendar. 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 - Ann Anderson By Representatives McCarty, Tilton Honoring - John Grohol By Representative McCarty; Senator Reinbold Honoring - Pastor Tari Stage-Harvey By Representatives Story, Hannan; Senator Kiehl Honoring - Salvation Army's Juneau Corps By Representatives Hannan, Story; Senator Kiehl In Memoriam - Reuben Yost By Representatives Story, Hannan; Senator Kiehl In Memoriam - Thomas File By Representatives Story, Hannan; Senator Kiehl Representative Tuck moved and asked unanimous consent that the House revert to Reports of Standing Committees. There being no objection, the House reverted to: REPORTS OF STANDING COMMITTEES HB 5 The Judiciary Committee considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5 "An Act relating to sexual abuse of a minor; relating to sexual 2022-05-09 House Journal Page 2831 assault; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5(JUD) "An Act relating to sexual offenses; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; and providing for an effective date." The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (3): Drummond, Snyder, Claman No recommendation (1): Kreiss-Tomkins Amend (2): Eastman, Vance The following fiscal note(s) apply to CSSSHB 5(JUD): 8. Zero, Dept. of Corrections 9. Zero, Dept. of Public Safety 10. Indeterminate, Alaska Judiciary System 11. Fiscal, Dept. of Administration 12. Fiscal, Dept. of Administration 13. Fiscal, Dept. of Law 14. Fiscal, Dept. of Public Safety SSHB 5 was referred to the Finance Committee. HB 226 The Finance Committee considered: HOUSE BILL NO. 226 "An Act relating to the compensation of certain public officials, officers, and employees not covered by collective bargaining 2022-05-09 House Journal Page 2832 agreements; increasing the salaries of certain attorneys employed by the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 226(FIN) "An Act relating to the compensation of certain employees of the executive branch, judicial branch, and University of Alaska; relating to the compensation of certain employees of the legislative branch; increasing the salaries of certain attorneys and administrative law judges employed by the state; and providing for an effective date." The report was signed by Representatives Merrick and Foster, Co- chairs, with the following individual recommendations: Do pass (3): Edgmon, Josephson, Foster No recommendation (3): LeBon, Johnson, Merrick The following fiscal note(s) apply to CSHB 226(FIN): 2. Fiscal, Office of the Governor/Various Depts. HB 226 was referred to the Rules Committee. HB 325 The Judiciary Committee considered: HOUSE BILL NO. 325 "An Act relating to domestic violence." The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (3): Drummond, Snyder, Claman Do not pass (1): Eastman No recommendation (1): Kreiss-Tomkins 2022-05-09 House Journal Page 2833 Amend (1): Vance The following fiscal note(s) apply: 1. Zero, Dept. of Corrections 2. Zero, Dept. of Law 3. Zero, Dept. of Public Safety HB 325 was referred to the Rules Committee. SJR 23 The Resources Committee considered: SENATE JOINT RESOLUTION NO. 23 Expressing the support of the Alaska State Legislature for naming the mountain between Cedar Ridge and Hope Peak south of Anchorage after Gail Phillips. The report was signed by Representative Patkotak, Chair, with the following individual recommendations: Do pass (6): McKay, Fields, Cronk, Rauscher, Gillham, Schrage No recommendation (3): Hopkins, Hannan, Patkotak The following fiscal note(s) apply: 1. Zero, Senate Resources Committee SJR 23 was referred to the Rules Committee. Representative Tuck moved and asked unanimous consent that the House advance to Unfinished Business. There being no objection, the House advanced to: UNFINISHED BUSINESS HB 220 The Speaker stated that, without objection, the following would be returned to the Finance Committee: 2022-05-09 House Journal Page 2834 HOUSE BILL NO. 220 "An Act relating to the Public Employees' Retirement System of Alaska and the teachers' retirement system; providing certain employees an opportunity to choose between the defined benefit and defined contribution plans of the Public Employees' Retirement System of Alaska and the teachers' retirement system; and providing for an effective date." SB 227 The Speaker added a House Special Committee on Fisheries Committee referral for the following: CS FOR SENATE BILL NO. 227(RES) "An Act relating to state ownership of submerged land underlying navigable water within the boundaries of and adjacent to federal areas; and providing for an effective date." CSSB 227(RES) was referred to the House Special Committee on Fisheries with further referral to the Resources Committee. HB 177 Representatives Tarr and Josephson added as cosponsors to: CS FOR HOUSE BILL NO. 177(STA) "An Act relating to an increase of an appropriation due to additional federal or other program receipts; and providing for an effective date." SB 71 Representative Drummond added as a cross sponsor to: CS FOR SENATE BILL NO. 71(FIN) "An Act relating to special request registration plates celebrating the arts; relating to artwork in public buildings and facilities; relating to the management of artwork under the art in public places fund; relating to the powers and duties of the Alaska State Council on the Arts; establishing the Alaska arts and cultural investment fund; and providing for an effective date." 2022-05-09 House Journal Page 2835 SB 174 Representatives Josephson and Drummond added as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 174(L&C) am H "An Act relating to dress codes and natural hairstyles." ENGROSSMENT HB 177 CSHB 177(STA) 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. The following meetings today were changed: Education Committee CHANGED TO: 6:30 p.m. Labor & Commerce Committee CHANGED TO: 9:00 a.m., 5/10 ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 10. There being no objection, the House adjourned at 5:40 p.m. Crystaline Jones Chief Clerk