Legislature(2013 - 2014)
2014-03-12 House Journal
Full Journal pdf2014-03-12 House Journal Page 1837 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday March 12, 2014 Fifty-first Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:37 a.m. Roll call showed 38 members present. Representative Drummond had been excused from a call of the House today. Representative Pruitt moved and asked unanimous consent that Representative Hawker be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Dr. Douglas Dye of Chapel by the Lake Presbyterian Church. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Gracious and loving God, as this House of Representatives gathers today I pray that you will help its members to remember that you love them and that your goodness surrounds them. Grant them robust energy to perform the tasks you set before them. Grant them wisdom to make prudent decisions regarding the complex issues that confront them. Grant them the grace to listen deeply to one another. And grant them joy in their daily routines so they will see and delight in the everyday blessings you bestow upon them. O God, creator of all that is and our great protector, thank you for placing these men and women in their positions of power 2014-03-12 House Journal Page 1838 and influence. Encourage each of them with a deep sense that you guide their steps. Protect them from discouragement and empower them with a spirit to serve Alaska well. Loving God, when they come to the end of this day, bless these servants with a deep sense that they have done well. Give them the grace of good rest and a renewed spirit so they may faithfully persevere in the work you have given them to do. These things I pray in the name of my Lord, Jesus. Amen. The Pledge of Allegiance was led by Representative Keller. CERTIFICATION OF THE JOURNAL Representative Pruitt moved and asked unanimous consent that the thth journal for the 49 and 50 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Costello introduced Joseph Moriarty, Guest Page, from Anchorage. Representative Munoz introduced Sarah Landen, Guest Page, from Juneau. MESSAGES FROM THE SENATE A message dated March 10, 2014, was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 110 CS FOR SENATE BILL NO. 110(JUD) by the Senate Judiciary Committee, entitled: 2014-03-12 House Journal Page 1839 "An Act relating to the authority of the victims' advocate to request a hearing for the release to a crime victim under certain conditions of certain property in the custody of a law enforcement agency." was read the first time and referred to the Judiciary Committee. SB 145 SENATE BILL NO. 145 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the Teachers' Retirement System, the Judicial Retirement System, and the Public Employees' Retirement System for qualified military service; relating to the definition of 'veteran' for purposes of housing, eligibility for veterans' loans, and preferences in state employment hiring; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Monetary Terms of Agreement between the State and the Public Safety Employees Association March 6, 2014 (as required by AS 23.40.215) The Speaker referred the monetary terms to the Finance Committee. REPORTS OF STANDING COMMITTEES HJR 30 The Resources Committee considered: 2014-03-12 House Journal Page 1840 HOUSE JOINT RESOLUTION NO. 30 Requesting that the federal government and the United States Secretary of the Interior reconsider the Izembek Land Exchange decision and approve the Izembek Land Exchange, allowing the residents of King Cove to have road access to the Cold Bay Airport for critical health and safety reasons and to improve the quality of their lives. The report was signed by Representatives Saddler and Feige, Co- chairs, with the following individual recommendations: Do pass (9): Johnson, Kawasaki, Hawker, P. Wilson, Olson, Seaton, Tarr, Saddler, Feige The following fiscal note(s) apply: 1. Zero, Legislative Agency HJR 30 was referred to the Rules Committee for placement on the calendar. HB 112 The Finance Committee considered: HOUSE BILL NO. 112 "An Act repealing the film production tax credit; providing for an effective date by repealing the effective dates of secs. 31 - 33, ch. 51, SLA 2012; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 112(FIN) "An Act repealing the film production tax credit and making conforming changes; providing for an effective date by repealing the effective dates of secs. 31 - 33, ch. 51, SLA 2012; and providing for an effective date." The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: 2014-03-12 House Journal Page 1841 Do pass (2): Neuman, Stoltze Do not pass (2): Gara, Guttenberg No recommendation (7): Holmes, Munoz, Thompson, T. Wilson, Edgmon, Costello, Austerman The following fiscal note(s) apply to CSHB 112(FIN): 3. Zero, Dept. of Commerce, Community, & Economic Development 4. Fiscal, Dept. of Revenue HB 112 was referred to the Rules Committee for placement on the calendar. HB 235 The State Affairs Committee considered: HOUSE BILL NO. 235 "An Act requiring the Alaska Public Offices Commission to maintain the confidentiality of certain proceedings, documents, and information." and recommends it be replaced with: CS FOR HOUSE BILL NO. 235(STA) "An Act requiring the Alaska Public Offices Commission, employees of the commission, and persons who file complaints with the commission to maintain the confidentiality of certain proceedings, documents, and information." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (4): Gattis, Keller, Isaacson, Hughes No recommendation (2): Kreiss-Tomkins, Lynn The following fiscal note(s) apply to CSHB 235(STA): 2014-03-12 House Journal Page 1842 1. Zero, Dept. of Administration HB 235 was referred to the Judiciary Committee. HB 258 The Judiciary Committee considered: HOUSE BILL NO. 258 "An Act establishing a right of action for the death of an unborn child in certain circumstances." and recommends it be replaced with: CS FOR HOUSE BILL NO. 258(JUD) (same title) The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (4): LeDoux, Gruenberg, Lynn, Keller No recommendation (1): Foster The following fiscal note(s) apply to CSHB 258(JUD): 1. Zero, Dept. of Law HB 258 was referred to the Rules Committee for placement on the calendar. HB 266 The Finance Committee considered: HOUSE BILL NO. 266 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund." 2014-03-12 House Journal Page 1843 and recommends it be replaced with: CS FOR HOUSE BILL NO. 266(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; and providing for an effective date." The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: Do pass (9): T. Wilson, Thompson, Munoz, Neuman, Edgmon, Holmes, Costello, Stoltze, Austerman Amend (2): Guttenberg, Gara HB 266 is on today's calendar. HB 267 The Finance Committee considered: HOUSE BILL NO. 267 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program." and recommends it be replaced with: CS FOR HOUSE BILL NO. 267(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." The report was signed by Representatives Stoltze and Austerman, Co- chairs, with the following individual recommendations: Do pass (10): T. Wilson, Munoz, Neuman, Thompson, Gara, Edgmon, Holmes, Costello, Stoltze, Austerman Amend (1): Guttenberg 2014-03-12 House Journal Page 1844 HB 267 is on today's calendar. HB 278 The Education Committee considered: HOUSE BILL NO. 278 "An Act increasing the base student allocation used in the formula for state funding of public education; repealing the secondary student competency examination and related requirements; relating to high school course credit earned through assessment; relating to a college and career readiness assessment for secondary students; relating to charter school application appeals and program budgets; relating to residential school applications; increasing the stipend for boarding school students; extending unemployment contributions for the Alaska technical and vocational education program; relating to earning high school credit for completion of vocational education courses offered by institutions receiving technical and vocational education program funding; relating to education tax credits; making conforming amendments; and providing for an effective date." and recommends it be replaced with a forthcoming House Education Committee substitute. The report was signed by Representative Gattis, Chair, with the following individual recommendations: Do pass (2): Reinbold, Gattis No recommendation (3): Seaton, P. Wilson, Saddler Amend (2): LeDoux, Kito III (Alternate) The following fiscal note(s) apply to CSHB 278(EDC): 1. Zero, Dept. of Education & Early Development 2. Indeterminate, Dept. of Revenue 3. Fiscal, Dept. of Education & Early Development 4. Fiscal, Dept. of Education & Early Development 5. Fiscal, Dept. of Education & Early Development 2014-03-12 House Journal Page 1845 6. Fiscal, Dept. of Labor & Workforce Development 7. Fiscal, University of Alaska HB 278 was referred to the Finance Committee. HB 301 The Health & Social Services Committee considered: HOUSE BILL NO. 301 "An Act relating to duties and procedures of the state medical examiner and the Department of Health and Social Services; and relating to death certificates." and recommends it be replaced with: CS FOR HOUSE BILL NO. 301(HSS) "An Act relating to duties and procedures of the state medical examiner and the Department of Health and Social Services." The report was signed by Representative Higgins, Chair, with the following individual recommendations: Do pass (7): Seaton, Reinbold, Pruitt, Keller, Nageak, Tarr, Higgins The following fiscal note(s) apply to CSHB 301(HSS): 1. Zero, Dept. of Health & Social Services HB 301 was referred to the Rules Committee for placement on the calendar. HB 366 The State Affairs Committee considered: HOUSE BILL NO. 366 "An Act relating to reporting an involuntary mental health commitment to the National Instant Criminal Background Check System; and relating to relief from disabilities of a record of involuntary commitment and an adjudication of mental illness or mental incompetence." 2014-03-12 House Journal Page 1846 and recommends it be replaced with: CS FOR HOUSE BILL NO. 366(STA) "An Act relating to reporting an involuntary mental health commitment to the National Instant Criminal Background Check System; relating to the sealing of records of mental health proceedings; and relating to relief from disabilities of a record of involuntary commitment and an adjudication of mental illness or mental incompetence." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (2): Keller, Kreiss-Tomkins No recommendation (3): Gattis, Hughes, Lynn Amend (1): Isaacson The following fiscal note(s) apply to CSHB 366(STA): 1. Zero, Alaska Court System 2. Zero, Dept. of Health & Social Services 3. Indeterminate, Dept. of Law 4. Fiscal, Dept. of Public Safety HB 366 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HB 318 The House Special Committee on Military & Veterans' Affairs considered: HOUSE BILL NO. 318 "An Act relating to public school reports of students whose parents are members of the active duty military service." The report was signed by Representative LeDoux, Co-chair, with the following individual recommendations: 2014-03-12 House Journal Page 1847 Do pass (4): Gruenberg, Saddler, Reinbold, LeDoux No recommendation (2): Higgins, Hughes The following fiscal note(s) apply: 1. Fiscal, Dept. of Education & Early Development HB 318 was referred to the Education Committee. INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Jeff Bayless By Representatives Millett, Hughes, Reinbold, Stoltze, Keller The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mary Fairbanks, 2014 Alaska Mother of the Year By Representative Costello; Senator French Honoring - Maya Moriarty, 2013 Person of the Year, Seward Chamber of Commerce By Representative Chenault; Senators Giessel, Micciche Honoring - Nikiski High School Football Team, 2013 Small Schools State Champions By Representative Chenault; Senator Giessel Honoring - The Wasilla High School Wrestling Team, 2013-14 Class 4A State Champions By Representatives Stoltze, Gattis, Keller, Hughes, Neuman; Senators Huggins, Dunleavy, Bishop Honoring - Seward High School, 2013-14 Drama, Debate, and Forensics Team By Representative Chenault; Senators Micciche, Giessel 2014-03-12 House Journal Page 1848 Honoring - Heather Kendall-Miller By Senator Gardner; Representative Drummond In Memoriam - Steve Lovell By Representatives Gattis, Keller, Hughes, Stoltze, Neuman, Feige; Senators Huggins, Dunleavy, Dyson, Bishop In Memoriam - Nellie Ann Zaborac By Representatives Stoltze, Keller, Hughes, Neuman, Gattis; Senators Huggins, Dunleavy, Bishop In Memoriam - Norm Rousey Sr. By Representatives Stoltze, Keller, Hughes, Neuman, Gattis; Senators Huggins, Dunleavy, Bishop, Dyson In Memoriam - Daniel Herbert Peger By Representative Higgins CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 218 The following was read the second time: HOUSE BILL NO. 218 "An Act relating to the aggravating factor at felony sentencing of multiple prior misdemeanors when a prior misdemeanor involves an assault on a correctional employee." with the: Journal Page JUD RPT CS(JUD) NT 4DP 1NR 2AM 1695 FN1: ZERO(ADM) 1696 FN2: ZERO(ADM) 1696 FN3: ZERO(COR) 1696 FN4: ZERO(CRT) 1696 FN5: ZERO(LAW) 1696 2014-03-12 House Journal Page 1849 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 218(JUD) "An Act relating to the aggravating factor at felony sentencing of multiple prior misdemeanors when a prior misdemeanor involves an assault on a correctional employee; providing that deportation is not a proper factor for referral of a case to a three-judge panel for sentencing for a felony; and providing for an effective date." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 218(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 218(JUD) will advance to third reading on tomorrow's calendar. HB 255 The following was read the second time: HOUSE BILL NO. 255 "An Act relating to unmanned aircraft systems; and relating to images captured by an unmanned aircraft system." with the: Journal Page STA RPT CS(STA) 3DP 4NR 1519 FN1: ZERO(LAW) 1520 FN2: ZERO(DPS) 1520 FN3: ZERO(UA) 1520 JUD RPT CS(JUD) 5DP 1812 FN1: ZERO(LAW) 1812 FN2: ZERO(DPS) 1812 FN3: ZERO(UA) 1812 2014-03-12 House Journal Page 1850 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 255(JUD) (same title) There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 255(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 255(JUD) was read the third time. The question being: "Shall CSHB 255(JUD) pass the House?" The roll was taken with the following result: CSHB 255(JUD) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Gruenberg, Guttenberg, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Nays: Gara Excused: Drummond, Hawker And so, CSHB 255(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 266 The following was read the second time: HOUSE BILL NO. 266 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, 2014-03-12 House Journal Page 1851 capitalizing funds, and making reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund." with the: Journal Page FIN RPT CS(FIN) NT 9DP 2AM 1842 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 266(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; and providing for an effective date." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 266(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 266(FIN) will advance to third reading on tomorrow's calendar. HB 267 The following was read the second time: HOUSE BILL NO. 267 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program." with the: Journal Page FIN RPT CS(FIN) NT 10DP 1AM 1843 2014-03-12 House Journal Page 1852 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 267(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHB 267(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 267(FIN) will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 19 The following, which was advanced to third reading from the March 10, 2014, calendar (page 1816), was read the third time: CS FOR HOUSE BILL NO. 19(RLS) "An Act relating to permanent motor vehicle registration in the unorganized borough and in a municipality that has elected to allow permanent registration; relating to the registration fee for noncommercial trailers and to the motor vehicle tax for trailers; and providing for an effective date." Representative Stoltze moved and asked unanimous consent that CSHB 19(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Stoltze: 2014-03-12 House Journal Page 1853 Page 5, line 9: Delete "2014" Insert "2015" Representative Stoltze moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. The Speaker cautioned the members to confine remarks to the intent of the bill. Representative Johnson moved and asked unanimous consent that since all members may have a conflict of interest that they be required to vote. There being no objection, all members were required to vote. The question being: "Shall CSHB 19(RLS)(efd am) pass the House?" The roll was taken with the following result: CSHB 19(RLS)(efd am) Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Gruenberg, Guttenberg, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Kawasaki, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Gara, Josephson, Kito III, Kreiss-Tomkins, Tuck Excused: Drummond, Hawker Absent: Tarr And so, CSHB 19(RLS)(efd am) passed the House. Representative Pruitt 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. 2014-03-12 House Journal Page 1854 CSHB 19(RLS)(efd am) was referred to the Chief Clerk for engrossment. The Speaker stated that the House would stand at ease until 1:00 p.m.; and so, the House stood at ease at 12:05 p.m. AFTER AT EASE The Speaker called the House back to order at 1:13 p.m. THIRD READING OF HOUSE BILLS (continued) HB 47 The following, which was advanced to third reading from the March 10, 2014, calendar (page 1817), was read the third time: CS FOR HOUSE BILL NO. 47(JUD) "An Act requiring a party seeking a restraining order, preliminary injunction, or order vacating or staying the operation of certain permits affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained." Representative Foster moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Foster was required to vote. The question being: "Shall CSHB 47(JUD) pass the House?" The roll was taken with the following result: CSHB 47(JUD) Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Chenault, Costello, Feige, Foster, Gattis, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, 2014-03-12 House Journal Page 1855 Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Austerman, Edgmon, Gara, Gruenberg, Guttenberg, Herron, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tarr, Tuck Excused: Drummond, Hawker And so, CSHB 47(JUD) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 10 The following was read the second time: HOUSE JOINT RESOLUTION NO. 10 Proposing amendments to the Constitution of the State of Alaska creating a transportation infrastructure fund. with the: Journal Page TRA RPT 6DP 383 FN1: (GOV) 383 JUD RPT CS(JUD) 5DP 1DNP 934 FN1: (GOV) 935 FIN RPT CS(FIN) 2DP 7NR 1753 FN2: (GOV) 1754 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 10(FIN) (same title) There being no objection, it was so ordered. Representative Pruitt moved and asked unanimous consent that CSHJR 10(FIN) be considered engrossed, advanced to third reading, and placed on final passage. 2014-03-12 House Journal Page 1856 There was objection. CSHJR 10(FIN) will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE RESOLUTIONS HJR 22 The following, which was advanced to third reading from the March 10, 2014, calendar (page 1820), was read the third time: HOUSE JOINT RESOLUTION NO. 22 Requesting the United States Congress to call a convention of the states to propose amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials; and urging the legislatures of the other 49 states to request the United States Congress to call a convention of the states. Representative Kawasaki moved and asked unanimous consent that HJR 22 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, HJR 22 would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Kawasaki, Tuck, Josephson, and Kreiss-Tomkins: Page 1, lines 2 - 4 (title amendment): Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Page 2, line 4, following "power;": Insert "and WHEREAS the right of the people to keep and bear arms is protected under the Second Amendment to the Constitution of the United States; 2014-03-12 House Journal Page 1857 WHEREAS the Constitution of the State of Alaska also protects the right of a citizen, as an individual right, to keep and bear arms; and WHEREAS federal protection of a person's right to bear arms under the Second Amendment to the Constitution of the United States should be strengthened and expanded, as exemplified by art. I, sec. 19, of the Constitution of the State of Alaska;" Page 2, line 7: Delete "sole" Page 2, lines 8 - 9: Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Representative Kawasaki moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stoltze objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HJR 22 Second Reading Amendment No. 1 YEAS: 8 NAYS: 30 EXCUSED: 2 ABSENT: 0 Yeas: Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tarr, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gara, Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Drummond, Hawker And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Josephson, Tarr, Tuck, Kawasaki, Kreiss-Tomkins, Kito III, Gara, and Guttenberg: 2014-03-12 House Journal Page 1858 Page 1, lines 2 - 4 (title amendment): Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Page 2, line 4, following "power;": Insert "and WHEREAS the Constitution of the United States does not explicitly guarantee that the rights it protects are held equally by all citizens without regard to sexual orientation; and WHEREAS the Employment Non-Discrimination Act recognizes the occurrence of discrimination and aims to eliminate discrimination based on sexual orientation; and WHEREAS the Employment Non-Discrimination Act of 2013 passed the United States Senate in 2013 with bipartisan support, including the support of both Alaska senators, and is now awaiting action in the United States House of Representatives;" Page 2, line 7: Delete "sole" Page 2, lines 8 - 9: Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Representative Josephson moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Nageak objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HJR 22 Second Reading Amendment No. 2 YEAS: 9 NAYS: 29 EXCUSED: 2 ABSENT: 0 2014-03-12 House Journal Page 1859 Yeas: Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tarr, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Drummond, Hawker And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Kreiss-Tomkins, Tuck, Tarr, Josephson, Kawasaki, Kito III, Gara, and Guttenberg: Page 1, lines 2 - 4 (title amendment): Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Page 1, line 10, following "government": Insert "and special interests" Page 2, line 4, following "power;": Insert "and WHEREAS a vast majority of Americans recognize that the influence of large contributions by corporations, wealthy individuals, and organizations harms the ability of average citizens to have a voice in their own government; and WHEREAS the narrow majority five to four decision of the United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), allows corporations and unions to make unlimited independent expenditures supporting or opposing a candidate for public office; and WHEREAS unlimited independent expenditures from corporations and unions were prohibited until the ruling of the United States Supreme Court in Citizens United v. Federal Election Commission; and WHEREAS much of the hundreds of millions of dollars being spent by corporations and unions since the ruling of the United States 2014-03-12 House Journal Page 1860 Supreme Court in Citizens United v. Federal Election Commission is used for negative ads, which often misinform voters rather than lead to a productive discussion of the states' and nation's most important issues; and WHEREAS, unless the United States Supreme Court reverses its ruling, the only way to reverse the harmful effects of the Citizens United ruling is to amend the Constitution of the United States; and WHEREAS, while not addressed by the United States Supreme Court's ruling in Citizens United, unlimited independent expenditures made by individuals also distort the political process and ability of all American citizens to have an equal voice in government;" Page 2, line 7: Delete "sole" Page 2, lines 8 - 9: Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Keller objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HJR 22 Second Reading Amendment No. 3 YEAS: 9 NAYS: 29 EXCUSED: 2 ABSENT: 0 Yeas: Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tarr, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson 2014-03-12 House Journal Page 1861 Excused: Drummond, Hawker And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representatives Tarr, Tuck, Guttenberg, Josephson, Gara, Kreiss-Tomkins, Kito III, and Kawasaki: Page 1, lines 2 - 4 (title amendment): Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Page 2, line 4, following "power;": Insert "and WHEREAS the Constitution of the United States does not explicitly guarantee that the rights it protects are held equally by all citizens without regard to sex; and WHEREAS, without the Equal Rights Amendment, women regularly have to fight long, expensive, and difficult legal battles in an effort to prove that their rights are equal to those of men; and WHEREAS the Equal Rights Amendment would provide a clear judicial standard for deciding cases of sex discrimination, since federal and state courts still reflect confusion and inconsistency in dealing with sex discrimination claims;" Page 2, line 7: Delete "sole" Page 2, lines 8 - 9: Delete "that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal government officials" Representative Tarr moved and asked unanimous consent that Amendment No. 4 be adopted. Representative T. Wilson objected. 2014-03-12 House Journal Page 1862 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HJR 22 Second Reading Amendment No. 4 YEAS: 9 NAYS: 29 EXCUSED: 2 ABSENT: 0 Yeas: Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Tarr, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Drummond, Hawker And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Herron and Edgmon: Page 1, lines 3 - 4 (title amendment): Delete ", and limit the terms of office of federal government officials" Page 2, line 9: Delete ", and limit the terms of office of federal government officials" Representative Herron moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Isaacson objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HJR 22 Second Reading Amendment No. 5 YEAS: 14 NAYS: 21 EXCUSED: 2 ABSENT: 3 2014-03-12 House Journal Page 1863 Yeas: Edgmon, Feige, Foster, Gruenberg, Guttenberg, Herron, Josephson, Kito III, Lynn, Munoz, Nageak, Saddler, Tarr, Tuck Nays: Austerman, Chenault, Costello, Gattis, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Millett, Neuman, Olson, Pruitt, Reinbold, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Drummond, Hawker Absent: Gara, Kawasaki, Kreiss-Tomkins And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative T. Wilson: Page 2, line 1: Insert "WHEREAS the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and" Representative T. Wilson moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HJR 22 Second Reading Amendment No. 6 YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Herron, Higgins, Hughes, Isaacson, Johnson, Keller, Lynn, Millett, Munoz, Neuman, Olson, Pruitt, Reinbold, Seaton, Stoltze, Thompson, T.Wilson Nays: Gara, Gruenberg, Guttenberg, Holmes, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, LeDoux, Nageak, Saddler, Tarr, Tuck, P.Wilson 2014-03-12 House Journal Page 1864 Excused: Drummond, Hawker And so, Amendment No. 6 was adopted. HJR 22 am was automatically in third reading. The question being: "Shall HJR 22 am pass the House?" The roll was taken with the following result: HJR 22 am Third Reading Final Passage YEAS: 24 NAYS: 13 EXCUSED: 2 ABSENT: 1 Yeas: Chenault, Costello, Feige, Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Austerman, Edgmon, Foster, Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Nageak, Seaton, Tuck Excused: Drummond, Hawker Absent: Tarr And so, HJR 22 am passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Pruitt 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 - Barbara Shew By Representatives Gattis, Keller, Neuman, Hughes, Stoltze, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Isaacson, Johnson, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, LeDoux, 2014-03-12 House Journal Page 1865 Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Seaton, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senators Huggins, Dunleavy, Dyson Honoring - 2014 Iron Dog Champions, Todd Minnick & Nick Olstad By Representatives Gattis, Keller, Neuman, Hughes, Stoltze, Chenault, Austerman, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Isaacson, Johnson, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Pruitt, Reinbold, Saddler, Seaton, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senators Huggins, Dunleavy, Dyson Honoring - Woody's Thai Kitchen By Representatives Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson; Senators Giessel, Micciche Honoring - Joseph A. Masters By Senator Meyer; Representatives Millett, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS Representative Pruitt 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 Higgins - from 6:00 p.m., March 14 to 10:00 a.m., March 17 2014-03-12 House Journal Page 1866 Representative Kawasaki - from 12:45 p.m., March 28 to 10:00 a.m., March 31; and from 12:45 p.m., April 4 to 10:00 a.m., April 7 Representative Keller - from 8:00 a.m., March 21 to 1:00 p.m., March 22 Representative Munoz - from 7:15 a.m., May 1 to 11:00 p.m., May 21 Representative Nageak - from 8:45 a.m. to 10:30 a.m., March 13 Representative Neuman - from 6:30 p.m., March 14 to 10:30 a.m., March 17; and from noon, March 28 to 10:30 a.m., March 31 Representative Reinbold - from 1:00 p.m., March 28 to 10:00 p.m., March 30 Representative T. Wilson - from 6:00 p.m., March 14 to 10:30 a.m., March 17 SPECIAL ORDER OF BUSINESS Representative Pruitt moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - Jeff Bayless, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Pruitt 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 - Jeff Bayless By Representatives Millett, Hughes, Reinbold, Stoltze, Keller, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Higgins, Holmes, Isaacson, Johnson, Josephson, Kawasaki, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Saddler, Seaton, Tarr, Thompson, Tuck, P. Wilson, T. Wilson 2014-03-12 House Journal Page 1867 UNFINISHED BUSINESS HB 47 Representatives Costello, Higgins, Nageak, Munoz, Holmes, and Neuman added their names as cosponsors to: CS FOR HOUSE BILL NO. 47(JUD) "An Act requiring a party seeking a restraining order, preliminary injunction, or order vacating or staying the operation of certain permits affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained." HB 54 Representatives Kito III and Munoz added their names as cosponsors to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 54 "An Act relating to the identification, location, and notification of specified family members and family friends of a child who is in state custody." HB 139 Representative Nageak added his name as cosponsor to: HOUSE BILL NO. 139 "An Act adding to the powers and duties of the State Commission for Human Rights; and relating to and prohibiting discrimination based on sexual orientation or gender identity or expression." HB 140 Representative Costello added her name as cosponsor to: HOUSE BILL NO. 140 "An Act relating to the information that must be included with certain notices provided for the proposed adoption, amendment, or repeal of a regulation." 2014-03-12 House Journal Page 1868 HB 152 Representative Isaacson added his name as cosponsor to: HOUSE BILL NO. 152 "An Act requiring certain employers who terminate participation in the defined benefit retirement plan or the defined contribution retirement plan of the Public Employees' Retirement System to make contributions related to past service liability and pay termination costs; repealing a requirement that employers who terminate participation in the defined contribution retirement plan or the defined benefit retirement plan of the Public Employees' Retirement System pay for a termination cost study; and providing for an effective date." HB 218 Representative Johnson added his name as cosponsor to: CS FOR HOUSE BILL NO. 218(JUD) "An Act relating to the aggravating factor at felony sentencing of multiple prior misdemeanors when a prior misdemeanor involves an assault on a correctional employee; providing that deportation is not a proper factor for referral of a case to a three-judge panel for sentencing for a felony; and providing for an effective date." HB 255 Representatives Munoz, Holmes, Neuman, Kawasaki, and Johnson added their names as cosponsors to: CS FOR HOUSE BILL NO. 255(JUD) "An Act relating to unmanned aircraft systems; and relating to images captured by an unmanned aircraft system." HB 360 Representative Gara removed his name as cosponsor to: HOUSE BILL NO. 360 "An Act prohibiting smoking in certain locations; and providing for an effective date." 2014-03-12 House Journal Page 1869 SB 124 Representative Thompson added his name as cross sponsor to: SENATE BILL NO. 124 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." ENGROSSMENT HJR 22 HJR 22 am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 19 CSHB 19(RLS)(efd am) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 47 CSHB 47(JUD) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 255 CSHB 255(JUD) 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: Finance Committee CANCELED Judiciary Committee CANCELED Labor & Commerce Committee CANCELED Resources Committee CANCELED 2014-03-12 House Journal Page 1870 ADJOURNMENT Representative Pruitt moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 13, 2014. There being no objection, the House adjourned at 5:33 p.m. Suzi Lowell Chief Clerk