Legislature(2023 - 2024)
2023-02-27 House Journal
Full Journal pdf2023-02-27 House Journal Page 0271 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-THIRD LEGISLATURE FIRST SESSION Juneau, Alaska Monday February 27, 2023 Forty-second Day Pursuant to adjournment the House was called to order by Speaker Tilton at 11:01 a.m. Roll call showed 38 members present. Representative Saddler 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 Sumner – today Representative Foster – from today to 11:30 p.m., March 3 The invocation, written by Bertha Sulunulik Koweluk of the Community United Methodist Church in Nome, was read by Pastor Kristi McGuire of Aldersgate United Methodist Church. Representative Vance moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Good Morning Fellow Alaskans, My name is Bertha Sulunulik Koweluk, and I am an Inupiaq, Italian, Chukotka, and Caucasian person from the Sitnasuak region. I was born and raised in Nome, Alaska to Albert and Helen Lee. My grandparents on my father's side are Dan Lee and Flora Miller of Council, Mary's Igloo and Teller. My grandparents on my mother's side are Olaf Piscoya Sr. and Bertha Nagozruk Piscoya of Nome, Little Diomede, Chukotka, and Wales. I am the 2023-02-27 House Journal Page 0272 wife of Dwayne Kayoktuk Koweluk and we have been blessed with five children. We have three beautiful granddaughters, Alaina, Morgan, and Charley. I am currently the Executive Director of Bering Sea Women's Group and local Pastor of Community United Methodist Church. I want to say it is an honor to pray over each of you today, and I truly wish I was in person. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray: Heavenly Father, We thank you first for our blessings and all you have graced us in our lives. We know we serve you first and foremost and hold your people in our hands. We thank you for the ability to serve and bring policies that serve each and every person in the districts. Today we ask for your guidance and knowledge as we move forth with laws, bills, resolutions, and amendments and as we serve on our appointed committees. May we also honor the other representatives that serve with us. We know what we do makes a difference for each person no matter the color of their skin. We do not know what our people walk through daily, we ask that you continue to help us hear them, listen, understand, and raise their concerns in our work. We ask that you watch over our families, homes, and travel as we do our work diligently. We ask that you remind us always this land has been created for each person to subsist, work, and raise our families. Remind us always this land is not ours; it was blessed to many ancestors before us, and it is our job to care for these lands and most importantly the people that love this land. May we forever honor your call on our lives as we serve today and always. Amen. The Pledge of Allegiance was led by Representative D. Johnson. CERTIFICATION OF THE JOURNAL Representative Saddler moved and asked unanimous consent that the journal for the 37th through the 41st legislative days and House and Senate Joint Journal Supplement No. 7 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 2023-02-27 House Journal Page 0273 Representative Hannan introduced Judah Marr and Kanye Larsen, Guest Pages, from Juneau. MESSAGES FROM THE GOVERNOR A Declaration of Disaster Emergency dated February 10 and accompanying letter dated February 22, regarding the City of Anderson sewage and wastewater collection grid, were received and are on file in the Chief Clerk's office. COMMUNICATIONS Messages dated February 22 and 23 were received stating the Speaker made the following appointments to the positions noted: Alaska Seafood Marketing Board Representative Vance Alaska Criminal Justice Data Analysis Commission Representative Vance REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Steven Heidemann Marc Stemp as members of the Alaska Workers' Compensation Board. Devon Thomas as a member of the Real Estate Commission. The report was signed by Representative Sumner, Chair; and Representatives Fields, Carrick, Prax, and Ruffridge. 2023-02-27 House Journal Page 0274 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Micahel Trefon By Representative Edgmon; Senator Hoffman Honoring – Karen Perdue By Senator Kawasaki; Representatives Dibert, Stapp Honoring – Alaska Chadux^ Network By Senators Stevens, Kaufman; Representatives Stutes, Schrage Honoring – The Patrons of the Pratt Society By Senator Stevens; Representative Vance Honoring - Silk Restaurant By Senator Gray-Jackson; Representatives Galvin, Josephson In Memoriam – John Peter "Jay" Sommer V By Representative Carrick; Senator Kawasaki INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 82 HOUSE BILL NO. 82 by Representatives Rauscher and Carpenter, entitled: "An Act relating to the selection, retention, and rejection of judicial officers for the court of appeals and the district court and of magistrates; relating to the duties of the judicial council; and relating to the duties of the Commission on Judicial Conduct." was read the first time and referred to the Judiciary and Finance Committees. HB 83 HOUSE BILL NO. 83 by Representative Rauscher, entitled: 2023-02-27 House Journal Page 0275 "An Act reestablishing the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 84 HOUSE BILL NO. 84 by Representative Sumner, entitled: "An Act relating to municipal property tax; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 85 HOUSE BILL NO. 85 by the House Rules Committee by request of the Governor, entitled: "An Act relating to professional licensing; relating to temporary licenses for some professions; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development The Governor's transmittal letter dated February 23 follows: "Dear Speaker Tilton: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to temporary professional licensing. 2023-02-27 House Journal Page 0276 This bill would expedite and streamline professional licensing by creating a new "temporary license" designation under AS 08.01. The bill would repeal most temporary license types (e.g., courtesy licenses, temporary courtesy licenses, temporary permits, etc.) that can be found across the professional licensing statutes and replace them with the universal temporary license, which would be administered by the Department of Commerce, Community, and Economic Development. The bill would allow the department to grant temporary licenses using standard criteria to reduce board work and provide consistency to the process. The universal temporary licensing provisions would not apply to all professions. The bill creates exceptions for professions that are unique to Alaska, such as big game guides and marine pilots. Additionally, the new provisions would not change the temporary military courtesy licenses available to United States Armed Forces service members and their spouses. However, the temporary military courtesy license statute is amended slightly to avoid confusion over the term "temporary license." Finally, a number of changes would be made to conform the Alaska Statutes to the changes proposed under AS 08.01. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor" HB 86 HOUSE BILL NO. 86 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the business of money transmission; relating to money transmission licenses, licensure requirements, and registration through the Nationwide Multistate Licensing System and Registry; relating to the use of virtual currency for money transmission; relating to authorized delegates of a licensee; relating to acquisition of control of a license; relating to record 2023-02-27 House Journal Page 0277 retention and reporting requirements; authorizing the Department of Commerce, Community, and Economic Development to cooperate with other states in the regulation of money transmission; relating to permissible investments; relating to violations and enforcement of money transmission laws; relating to money transmission license exemptions; relating to payroll processing services; repealing currency exchange licenses; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development The Governor's transmittal letter dated February 23 follows: "Dear Speaker Tilton: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill to modernize the Alaska Uniform Money Services Act. This bill would amend the Alaska Uniform Money Services Act (AS 06.55) through selective adoption of the Uniform Money Transmission Modernization Act ("Model Law"), which was developed by industry stakeholders and the Conference of State Bank Supervisors to recognize significant changes in the operation and regulatory supervision of money services businesses. The Alaska Uniform Money Services Act was adopted in 2008 before internet-based business models, virtual currencies, and mobile phone applications were regularly in use. Today, virtual currency transmission and online transactions account for nearly one-third of money transmission volume in Alaska. The Model Law sections incorporated in the bill clarify application of state law to virtual currency transmitters, which will protect consumers and ensure the safety and soundness of the businesses interacting with Alaskans. 2023-02-27 House Journal Page 0278 Adoption of key components of the Model Law will also allow the Department of Commerce, Community, and Economic Development to coordinate with other states while more effectively utilizing state resources. This change benefits licensees by adopting a standardized nationwide multistate licensing process. The bill streamlines the regulatory process by eliminating the separate currency exchange license type and clarifying activities that are exempt from the requirement of obtaining a license, such as payroll processing services. The bill also provides for criminal and civil background checks designed to provide better consumer protection. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor" HB 87 HOUSE BILL NO. 87 by the House Rules Committee by request of the Governor, entitled: "An Act relating to record checks for certain employees of the Department of Revenue; relating to permanent fund dividends; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Revenue The Governor's transmittal letter dated February 23 follows: "Dear Speaker Tilton: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill that expands Permanent Fund 2023-02-27 House Journal Page 0279 Dividend eligibility for certain merchant marines; authorizes the Department of Revenue (DOR) to obtain national criminal history record checks on employees handling highly personal information; and allows DOR to use electronic notice when a levy is made against a permanent fund dividend payment. This bill proposes amendments to the statutes relating to DOR and the Permanent Fund Dividend program in order to increase security of Alaskans' private information, modernize the department's notice requirements, and clarify dividend eligibility for students, including students training to be merchant marines. Under our current system, Alaskans serving as merchant marines are eligible for an allowed absence when serving aboard a vessel, but Alaskans training to be merchant marines are not provided an allowed absence. The bill remedies this disparity so that Alaskans training to be merchant marines are treated the same as other students. Moreover, this bill clarifies the meaning of "education on a full-time basis." Due to the variability in educational schedules, certain students lose dividend eligibility due to breaks in the academic year. The bill provides a specific definition for "education on a full-time basis" that includes academic year breaks, excluding summer break, so that students are not penalized based on vagaries in academic schedules. Additionally, this bill strengthens the security of Alaskans' personal information by authorizing the department to perform national criminal history record checks on employees that have access to the banking and vital records of nearly every citizen of our state. By allowing the department to obtain full background checks, the state will have taken every measure to provide the most secure system possible. Finally, the bill updates statutory language to allow for the electronic notice of levy. Many Alaskans apply for the dividend online and consent to be contacted by the Permanent Fund Dividend division via email. Currently, if another individual attempts to place a levy on a dividend payment, DOR is required to contact the levied individual via the postal system. Allowing consent to receive electronic notice of levy will assist Alaskans in receiving vital information in the manner of their choosing. 2023-02-27 House Journal Page 0280 I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor" HB 88 HOUSE BILL NO. 88 by Representative Rauscher, entitled: "An Act relating to work quotas for employees at warehouse distribution centers; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 89 HOUSE BILL NO. 89 by Representatives Coulombe, Armstrong, Fields, Dibert, and Story, entitled: "An Act relating to the day care assistance program and the child care grant program; and providing for an effective date." was read the first time and referred to the Health & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 51 The following, which could not be considered in a technical session (page 263), was read the second time: HOUSE BILL NO. 51 "An Act relating to refrigerants designated as acceptable for use under federal law." 2023-02-27 House Journal Page 0281 with the: Journal Page L&C RPT 6DP 195 FN1: ZERO(DPS) 195 Amendment No. 1 was offered by Representative Mears: Page 1, line 1, following "law" (title amendment): Insert "; and providing for an effective date" Page 1, following line 9: Insert new bill sections to read: "* Sec. 2. AS 18.95.020 is repealed. * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: CONDITIONAL EFFECT; NOTIFICATION. (a) Section 2 of this Act takes effect only if the Department of Public Safety adopts the 2024 International Building Code, International Fire Code, and International Mechanical Code under AS 18.70.080 before January 1, 2030. (b) If the Department of Public Safety adopts the 2024 International Building Code, International Fire Code, and International Mechanical Code under AS 18.70.080, the commissioner of public safety shall notify the revisor of statutes in writing within 30 days after the adoption. * Sec. 4. If sec. 2 of this Act takes effect, it takes effect on the day after the date on which the Department of Public Safety adopts the 2024 International Building Code, International Fire Code, and International Mechanical Code under AS 18.70.080." Representative Mears moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Eastman objected. Representative McCabe rose to a point of order regarding relevance of the debate. The Speaker cautioned the member to confine remarks to the amendment before the body. 2023-02-27 House Journal Page 0282 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 51 Second Reading Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Carpenter, Coulombe, Cronk, Eastman, Edgmon, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Sumner And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, following line 6: Delete "if the equipment containing the refrigerant is listed and installed in accordance with safety standards and use conditions imposed under the designation." Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 51 Second Reading Amendment No. 2 YEAS: 1 NAYS: 37 EXCUSED: 2 ABSENT: 0 Yeas: Eastman 2023-02-27 House Journal Page 0283 Nays: Allard, Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Sumner And so, Amendment No. 2 was not adopted. Representative Saddler moved and asked unanimous consent that HB 51 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 51 will advance to third reading on the March 1 calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 5 The following was read the second time: HOUSE JOINT RESOLUTION NO. 5 Urging the United States Secretary of Commerce, the National Marine Fisheries Service, the Alaska Department of Fish and Game, and other federal and state agencies to defend the state's fisheries, including the Southeast Alaska troll fishery. with the: Journal Page FSH RPT CS(FSH) 7DP 209 FN1: ZERO(H.FSH) 209 Representative Saddler moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 5(FSH) (same title) 2023-02-27 House Journal Page 0284 There being no objection, it was so ordered. Representative Saddler moved and asked unanimous consent that CSHJR 5(FSH) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHJR 5(FSH) will advance to third reading on the March 1 calendar. LEGISLATIVE CITATIONS Representative Saddler 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 – Ronald Vecera By Representative Shaw Honoring – Noel "Merrill" Wien, Alaska Aviation Museum Hall of Fame By Senator Olson In Memoriam – Roberta "Bobbie" Joyce Mason By Representative Rauscher; Senator Shower UNFINISHED BUSINESS Representative Saddler 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 Edgmon – from 7:00 a.m., March 1 to 5:00 p.m., March 3 Representative McKay – from 6:00 p.m., March 2 to 2:30 p.m., March 6 (amended from page 133) HB 8 The Speaker removed a Labor & Commerce Committee referral for the following: 2023-02-27 House Journal Page 0285 HOUSE BILL NO. 8 "An Act relating to electric-assisted bicycles." HB 8 is in the State Affairs Committee with further referral to the Transportation Committee. HB 46 The Speaker removed a State Affairs Committee referral and added a Health & Social Services Committee referral for the following: HOUSE BILL NO. 46 "An Act allowing child care providers that receive state aid to organize and collectively bargain with the Department of Health; and establishing the child care provider fund." HB 46 is in the Labor & Commerce Committee with further referrals to the Health & Social Services and Finance Committees. HJR 5 Representative McCabe added as a cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 5(FSH) Urging the United States Secretary of Commerce, the National Marine Fisheries Service, the Alaska Department of Fish and Game, and other federal and state agencies to defend the state's fisheries, including the Southeast Alaska troll fishery. HB 23 Representative Groh added as a cosponsor to: HOUSE BILL NO. 23 "An Act establishing the month of October as Filipino American History Month." HB 51 Representatives Schrage and Josephson added as cosponsors to: HOUSE BILL NO. 51 "An Act relating to refrigerants designated as acceptable for use under federal law." 2023-02-27 House Journal Page 0286 ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: Labor & Commerce Committee CANCELED ADJOURNMENT Representative Saddler moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 1. There being no objection, the House adjourned at 12:24 p.m. Crystaline Jones Chief Clerk