Legislature(2023 - 2024)
2024-01-31 House Journal
Full Journal pdf2024-01-31 House Journal Page 1395 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-THIRD LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday January 31, 2024 Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Tilton at 11:04 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Father Michael Galbraith of St. Paul the Apostle Catholic Church. Representative Vance moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Loving and gracious God, we give you thanks for giving us another day. We ask today that you bless the members of this assembly to be the best and most faithful servants of the people they serve. Purify their intentions, that they will say what they believe and act consistent with their words. Endow them with wisdom and courage that is borne of loyalty to all that is noble and worthy; loyalty to their constituents, loyalty to the constitution, and loyalty to our state and nation. Help them to be honest with themselves so that they will be concerned not only with how their words and deeds are weighed by others, but also with how their words and deeds affect the lives of those in need and those who look to them for support and leadership. We pray that they may serve your people with renewed clarity of vision and refined purpose that will soon unify the State of Alaska in compassion and confidence. 2024-01-31 House Journal Page 1396 May all that is done this day in the people's house be for your greater honor and glory. Amen. The Pledge of Allegiance was led by Representative McCabe. CERTIFICATION OF THE JOURNAL Representative Saddler moved and asked unanimous consent that the journal for the 14th and 15thlegislative days and Senate and House Joint Journal Supplement No. 11 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS Letters of disclosure received from the Select Committee on Legislative Ethics, as required by AS 24.60, were published in House Journal Supplement No. 7 and House and Senate Joint Journal Supplement No. 12. The following were received: Dept. of Commerce, Community, & Economic Development Division of Investments State Loan, Reinstatements, and Fisheries Enhancement Term Extensions 2023 Combined Annual Report (as required by AS 37.05.035, 16.10.350, and 16.10.510) Dept. of Education and Early Development Alaska State Board of Education State Tribal Education Compact Schools Demonstration Report January 29 (as required by Chapter No. 43, SLA 2022) Alaska Mental Health Trust Authority Annual Report 2023 (as required by AS 44.25.250) Alaska Mental Health Trust Authority FY 2023 Grant Investment Report 2024-01-31 House Journal Page 1397 REPORTS OF STANDING COMMITTEES HB 243 The Resources Committee considered: HOUSE BILL NO. 243 "An Act reducing the draw permit application fee for bison to $5; and providing for an effective date." The report was signed by Representative McKay, Chair, with the following individual recommendations: Do pass (3): Baker, Rauscher, McKay No recommendation (4): Dibert, Saddler, Wright, McCabe The following fiscal note(s) apply: 1. Fiscal, Dept. of Fish & Game HB 243 was referred to the Rules Committee. INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: In Memoriam – Kay Xiong Yang By Senators Wielechowski, Dunbar; Representative Wright INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 298 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 298 by Representatives Gray, Galvin, and Himschoot, entitled: "An Act relating to the posting of warning signs for alcoholic beverages." 2024-01-31 House Journal Page 1398 was read the first time and referred to the Health & Social Services and Labor & Commerce Committees. HB 299 HOUSE BILL NO. 299 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental appropriations, reappropriations, and other appropriations; amending appropriations; capitalizing funds; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated January 29 follows: "Dear Speaker Tilton: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill relating to supplemental appropriations for the State’s operating and capital expenses for fiscal year 2024. This appropriation bill includes $154.6 million in unrestricted general funds, $10.7 million in designated general funds, $3.1 million in other State funds, and $35.7 million in federal funds. The items in this supplemental appropriation bill are necessary for continued operations for the current fiscal year. I look forward to working with the Legislature on the timely passage and implementation of the supplemental items in this bill. Sincerely, /s/ Mike Dunleavy Governor" HB 300 HOUSE BILL NO. 300 by Representative Fields, entitled: "An Act naming the Vic Fischer Constitution Hall." was read the first time and referred to the State Affairs Committee. 2024-01-31 House Journal Page 1399 HB 301 HOUSE BILL NO. 301 by Representative Fields, entitled: "An Act naming the Vic Fischer Fairbanks International Airport; and relating to the Aviation Advisory Board." was read the first time and referred to the Transportation and State Affairs Committees. HB 302 HOUSE BILL NO. 302 by Representative Carpenter, entitled: "An Act relating to supplemental employee benefits; relating to retirement benefits of peace officers and firefighters hired after June 30, 2006; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs, and Finance Committees. HB 303 HOUSE BILL NO. 303 by Representative Carpenter, entitled: "An Act relating to the duties of the Alaska Retirement Management Board; relating to the duties of the Board of Trustees of the Alaska Permanent Fund Corporation; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 304 HOUSE BILL NO. 304 by Representative Eastman, entitled: "An Act relating to the location of legislative sessions; and relating to the emergency relocation of functions of state government." was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. 2024-01-31 House Journal Page 1400 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 129 The following was read the second time: HOUSE BILL NO. 129 "An Act relating to voter registration; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 5DP 2AM 870 FN1: ZERO(GOV) 870 JUD RPT CS(JUD) 4DP 2NR 1AM 1300 FN2: ZERO(GOV) 1300 Representative Saddler moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 129(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 1, line 1, following "registration;" (title amendement): Insert "relating to absentee voting" Page 4, following line 24: Insert new bill sections to read: "* Sec. 7. AS 15.20.061(b) is amended to read: (b) On receipt of an application in person for an absentee ballot and exhibition of a form of photographic identification prescribed by the division [PROOF OF IDENTIFICATION AS REQUIRED IN AS 15.15.225], the absentee voting official or election supervisor shall issue the ballot to the applicant. * Sec. 8. AS 15.20.081(a) is amended to read: 2024-01-31 House Journal Page 1401 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, or other electronic transmission to the director for an absentee ballot under this section. Another individual may apply for an absentee ballot on behalf of a qualified voter if that individual is designated to act on behalf of the voter in a written general power of attorney or a written special power of attorney that authorizes the other individual to apply for an absentee ballot on behalf of the voter. The application must include the address or, if the application requests delivery of an absentee ballot by electronic transmission, the telephone electronic transmission number, to which the absentee ballot is to be returned, the applicant's full Alaska residence address, a form of photographic identification prescribed by the division, and the applicant's signature. However, a person residing outside the United States and applying to vote absentee in federal elections in accordance with AS 15.05.011 need not include an Alaska residence address in the application. A person may supply to a voter an absentee ballot application form with a political party or group affiliation indicated only if the voter is already registered as affiliated with the political party or group indicated. The application must be made on a form prescribed or approved by the director. The voter or registration official shall submit the application directly to the division of elections. For purposes of this subsection, "directly to the division of elections" means that an application may not be submitted to any intermediary that could control or delay the submission of the application to the division or gather data on the applicant from the application form. However, nothing in this subsection is intended to prohibit a voter from giving a completed absentee ballot application to a friend, relative, or associate for transfer to the United States Postal Service or a private commercial delivery service for delivery to the division." Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vance objected. 2024-01-31 House Journal Page 1402 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 129(JUD) Second Reading Amendment No. 1 YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 1, following "Act" (title amendment): Insert "relating to the master register;" Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 15.07.127 is amended to read: Sec. 15.07.127. Preparation of master register. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons whose names appear on the master register and their political party affiliation. The director shall create a daily backup of the master register at 5:00 p.m. each day. Subject to the limitations of AS 15.07.195, any person may obtain a copy of the list, a daily backup of the list, or a part of the list, or an electronic format containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" 2024-01-31 House Journal Page 1403 Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 129(JUD) Second Reading Amendment No. 2 YEAS: 2 NAYS: 38 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Ortiz Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 1, following line 2: Insert a new bill section to read: * Section 1. AS 15.07.060(a) is amended to read: (a) Each applicant who requests registration or reregistration shall supply the following information: (1) the applicant's name and sex; (2) if issued, the applicant's State of Alaska driver's license number or State of Alaska identification card number, or the last four digits of the applicant's social security number; (3) the applicant's date of birth; (4) the applicant's Alaska residence address; (5) a statement of whether the applicant has previously been registered to vote in another jurisdiction, and, if so, the 2024-01-31 House Journal Page 1404 jurisdiction and the address of the previous registration; (6) a declaration that the applicant will be 18 years of age or older within 90 days after the date of registration; (7) a declaration that the applicant is a citizen of the United States; (8) the date of application; (9) the applicant's signature or mark; (10) any former name under which the applicant was registered to vote in the state; (11) an attestation that the information provided by the applicant in (1) - (10) of this subsection is true; [AND] (12) a certification that the applicant understands that a false statement on the application may make the applicant subject to prosecution for a misdemeanor under this title or AS 11; and (13) verification of United States citizenship, in a manner prescribed by the division in regulation." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Vance objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 129(JUD) Second Reading Amendment No. 3 YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman 2024-01-31 House Journal Page 1405 Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 1, line 1, following "registration;" (title amendment): Insert "relating to absentee voting;" Page 4, following line 24: Insert new bill sections to read: "* Sec. 7. AS 15.20.203(a) is amended to read: (a) The district absentee ballot counting board shall examine each absentee ballot envelope and shall determine whether the absentee voter is qualified to vote at the election, whether the signature on the certificate is consistent with the voter's signature in voter registration records, and whether the absentee ballot has been properly cast. * Sec. 8. AS 15.20.203(b) is amended to read: (b) An absentee ballot may not be counted if (1) the voter has failed to properly execute the certificate; (2) an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter's certificate as attesting official as required under AS 15.20.061(c); (3) the ballot is not attested on or before the date of the election; (4) the ballot, if postmarked, is not postmarked on or before the date of the election; (5) after the day of election, the ballot was delivered by a means other than mail; [OR] (6) the voter voted 2024-01-31 House Journal Page 1406 (A) in person and is a (i) first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or (ii) voter other than one described in (i) of this subparagraph, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3); or (B) by mail or electronic transmission, is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 to vote, has not met the identification requirements set out in AS 15.07.060, and does not submit with the ballot a copy of a (i) driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (ii) current utility bill, bank statement, paycheck, government check, or other government document; an item described in this sub-subparagraph must show the name and current address of the voter; or (7) the signature on the certificate is inconsistent with the voter's signature in voter registration records. * Sec. 9. AS 15.20.203 is amended by adding a new subsection to read: (k) The district absentee ballot counting board shall determine whether a voter's signature on the certificate is consistent with the voter's signature in voter registration records under (a) of this section using a signature verification process that includes signature comparison software, according to a procedure provided in regulations adopted by the director." Renumber the following bill section accordingly. 2024-01-31 House Journal Page 1407 Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 129(JUD) Second Reading Amendment No. 4 YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Eastman: Page 1, following line 2: Insert new bill sections to read: "* Section 1. AS 15.07.060(a) is amended to read: (a) Each applicant who requests registration or reregistration shall supply the following information: (1) the applicant's name and sex; (2) if issued, the applicant's State of Alaska driver's license number or State of Alaska identification card number, or the last four digits of the applicant's social security number; (3) the applicant's date of birth; (4) the applicant's Alaska residence address; (5) a statement of whether the applicant has previously been registered to vote in another jurisdiction, and, if so, the jurisdiction and the address of the previous registration; (6) a declaration that the applicant will be 18 years of age 2024-01-31 House Journal Page 1408 or older within 90 days after the date of registration; (7) a declaration that the applicant is a citizen of the United States; (8) the date of application; (9) the applicant's signature or mark; (10) any former name under which the applicant was registered to vote in the state; (11) an attestation that the information provided by the applicant in (1) - (10) of this subsection is true; [AND] (12) a certification that the applicant understands that a false statement on the application may make the applicant subject to prosecution for a misdemeanor under this title or AS 11; and (13) for the purpose of voting in state elections only, verification of United States citizenship in a manner prescribed by the division in regulation. * Sec. 2. AS 15.07.125 is amended by adding a new subsection to read: (b) The official registration list must identify whether a voter is registered to vote in state elections under AS 15.07.060(a)(13). * Sec. 3. AS 15.07.127 is amended by adding a new subsection to read: (b) The master register must identify whether a voter is registered to vote in state elections under AS 15.07.060(a)(13)." Page 1, line 3: Delete "Section 1" Insert "Sec. 4" Renumber the following bill sections accordingly. 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: 2024-01-31 House Journal Page 1409 CSHB 129(JUD) Second Reading Amendment No. 5 YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 5 was not adopted. Amendment No. 6 was not offered. Representative Saddler moved and asked unanimous consent that CSHB 129(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 129(JUD) will advance to third reading on the February 2 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: In Memoriam – Jeremy Daniel Evans By Representatives Stapp, Prax; Senator Kawasaki In Memoriam – Brian Joshua Snowden By Representative Stapp; Senators Dunbar, Kawasaki In Memoriam – L. Stanley "Stan" Zielinski By Senators Kawasaki, Bishop 2024-01-31 House Journal Page 1410 In Memoriam – Barbara Ann "Sue" Cofey By Senator Kawasaki; Representative Dibert In Memoriam – Kevin Charles Johnson By Senator Kawasaki; Representative Dibert In Memoriam – Alicia Ann Alonzo By Senator Kawasaki; Representatives Dibert, Prax In Memoriam – Kenneth Dale Brewer By Senator Kawasaki; Representative Dibert In Memoriam – Silver Peter Chord By Senators Kawasaki, Bishop In Memoriam – Violet "Rosie" Rosemary Evans By Senator Kawasaki; Representative Dibert In Memoriam – Valda Josephine McMahan By Senator Kawasaki; Representative Dibert In Memoriam – Tori J. Moore By Senator Kawasaki; Representative Dibert In Memoriam – Robert "Bob" H. Tilly By Senator Kawasaki; Representatives Dibert, Carrick 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 Cronk – from: 8:00 p.m., February 2 to 10:00 p.m., February 4 8:00 p.m., February 23 to 10:00 a.m., February 26 Representative Shaw – from 2:00 p.m., March 7 to 10:00 p.m., March 10 2024-01-31 House Journal Page 1411 Representative C. Johnson – from 12:30 p.m., March 8 to 10:00 a.m., March 11 Representative McKay – from 8:00 p.m., February 9 to 8:00 p.m., February 11 Representative Ruffridge – from: 1:00 p.m., February 2 to 9:00 a.m., February 5 1:00 p.m., February 16 to 10:30 a.m., February 19 The Speaker removed the Resources Committee referral (page 1382) and added the House Special Committee on Fisheries referral to the following Governor's appointments: Alaska Commercial Fisheries Entry Commission Michael Porcaro – Anchorage Appointed: 8/8/2023 Term Expires: 3/1/2025 Fishermen's Fund Advisory and Appeals Council Megan O'Neil – Petersburg Appointed: 1/24/2024 Term Expires: 3/1/2028 HB 169 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 169 "An Act relating to certain fish; and establishing a fisheries rehabilitation permit." HB 169 was removed from the Rules Committee and referred to the Finance Committee. SB 45 Representative Sumner, Chair of the House Labor & Commerce Committee, citing Uniform Rule 39(g) and section 384 of Mason's Manual, moved and asked unanimous consent that the following, which was retruned to the Rules Committee (page 1286), be retruned to the Labor & Commerce Committee: 2024-01-31 House Journal Page 1412 CS FOR SENATE BILL NO. 45(L&C) am "An Act relating to insurance; relating to direct health care agreements; relating to the duties of the director of the division of insurance in the Department of Commerce, Community, and Economic Development; and providing for an effective date." There being no objection, it was so ordered. HB 100 Representative Galvin added as a cosponsor to: HOUSE BILL NO. 100 "An Act relating to teacher and public employee leave." HB 242 Representative Carrick added as a cosponsor to: HOUSE BILL NO. 242 "An Act extending the Alaska senior benefits payment program; and providing for an effective date." SPECIAL ORDER OF BUSINESS Representative Saddler moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam – Kay Xiong Yang, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Saddler moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam – Kay Xiong Yang By Senators Wielechowski, Dunbar; Representative Wright ANNOUNCEMENTS House committee schedules are published under separate cover. 2024-01-31 House Journal Page 1413 ADJOURNMENT Representative Saddler moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 2. There being no objection, the House adjourned at 12:31 p.m. Crystaline Jones Chief Clerk