Legislature(2015 - 2016)
2016-02-05 House Journal
Full Journal pdf2016-02-05 House Journal Page 1577 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday February 5, 2016 Eighteenth Day Pursuant to adjournment the House was called to order by Speaker pro tempore Millett at 10:34 a.m. Roll call showed 38 members present. Representatives Chenault and Pruitt had been excused from a call of the House today. The invocation was offered by the Chaplain, the Reverend Tari Stage- Harvey of Shepherd of the Valley Lutheran Church. Representative Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer. We give thanks for the leaders here and their willingness to share their gifts. We praise you for their joys and accomplishments, and we commend their work to you. May their service be built on integrity and respect. Fill us all with charity so we may look upon one another with favor and grace not judgement and disdain. Fill us with courage so we may take risks and engage complexities. Fill us with awe so we may approach the tasks before us with humility and reverence. Guide us into your way of truth and justice, so all may know the fullness of life. In you we place our trust. Amen. 2016-02-05 House Journal Page 1578 The Pledge of Allegiance was led by Representative Gruenberg. CERTIFICATION OF THE JOURNAL Representative Herron, Acting Majority Leader, moved and asked unanimous consent that the journal for the 16th and 17th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following were received: Alaska Court System 2015 Travel and Compensation Report February 1, 2016 (as required by AS 22.20.037) Dept. of Natural Resources Office of the Commissioner Determination to Take Oil and Gas Royalty In-Value February 3, 2016 (as required by AS 38.05.182) REPORTS OF STANDING COMMITTEES HB 226 The Health & Social Services Committee considered: HOUSE BILL NO. 226 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (7): Tarr, Stutes, Vazquez, Talerico, Foster, Wool, Seaton 2016-02-05 House Journal Page 1579 The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Health & Social Services HB 226 was referred to the Finance Committee. SB 23 The Health & Social Services Committee considered: CS FOR SENATE BILL NO. 23(JUD) "An Act relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 23(HSS) "An Act relating to the practice of pharmacy; relating to the dispensing of opioid overdose drugs by a pharmacist; and relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs." (pending title change resolution) The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (7): Vazquez, Stutes, Tarr, Talerico, Foster, Wool, Seaton The following fiscal note(s) apply to HCS CSSB 23(HSS): 4. Zero, Dept. of Commerce, Community, & Economic Development 5. Zero, Dept. of Corrections CSSB 23(JUD) was referred to the Judiciary Committee. 2016-02-05 House Journal Page 1580 REPORTS OF SPECIAL COMMITTEES HJR 28 The House Special Committee on Fisheries considered: HOUSE JOINT RESOLUTION NO. 28 Opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; urging the United States Congress to enact legislation that requires prominently labeling genetically engineered products with the words "Genetically Modified" on the product's packaging; and encouraging the restoration of wild, native populations of salmon in areas where development has negatively affected salmon. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 28(FSH) Opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; urging the United States Congress to enact legislation that requires prominently labeling genetically engineered products with the words "Genetically Modified" on the product's packaging; and supporting the efforts of the state's congressional delegation to delay the confirmation of the new commissioner of the United States Food and Drug Administration until the United States Food and Drug Administration agrees to require labeling for genetically engineered salmon. The report was signed by Representative Stutes, Chair, with the following individual recommendations: Do pass (4): Herron, Kreiss-Tomkins, Ortiz, Stutes The following fiscal note(s) apply to CSHJR 28(FSH): 1. Zero, Legislative Agency HJR 28 was referred to the Labor & Commerce Committee. 2016-02-05 House Journal Page 1581 INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: Commemorating - The 60th Anniversary of the Signing of the Constitution of the State of Alaska By Representative Tuck; Senator Gardner The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Rebecca Carrillo By Representatives Munoz, Kito; Senator Egan Honoring - Fred John By Representative Ortiz; Senator Stedman INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 by Representative Kito: Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to the vote required for the passage of a joint resolution. was read the first time and referred to the State Affairs Committee. HCR 21 HOUSE CONCURRENT RESOLUTION NO. 21 by Representative Tarr: Urging Governor Bill Walker to join with the Alaska State Legislature to respond to the public and behavioral health epidemic of adverse childhood experiences by establishing a statewide policy and providing programs to address this epidemic. 2016-02-05 House Journal Page 1582 was read the first time and referred to the Health & Social Services and Finance Committees. HCR 22 HOUSE CONCURRENT RESOLUTION NO. 22 by the House Health and Social Services Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 23, relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs. was read the first time and referred to the Rules Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 224 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 224 by Representative Hawker, entitled: "An Act relating to income of the Alaska permanent fund; relating to the disposition of income of the Alaska permanent fund; establishing and relating to the distribution account; relating to the calculation of permanent fund dividends; relating to the dividend fund; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 297 HOUSE BILL NO. 297 by Representative Saddler, entitled: "An Act relating to the Board of Pharmacy; relating to the licensing and inspection of certain facilities located outside the state; relating to drug supply chain security; and creating a position of executive administrator for the Board of Pharmacy." was read the first time and referred to the Labor & Commerce Committee. 2016-02-05 House Journal Page 1583 HB 298 HOUSE BILL NO. 298 by Representatives Tilton and Gattis, entitled: "An Act relating to school districts; and relating to layoff plans for tenured teachers." was read the first time and referred to the Education Committee. HB 299 HOUSE BILL NO. 299 by Representative Wilson, entitled: "An Act excluding certain persons from participating in the Public Employees' Retirement System of Alaska." was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 300 HOUSE BILL NO. 300 by the House Rules Committee by request of the Governor, entitled: "An Act relating to management of enhanced stocks of fish; authorizing the operation of nonprofit shellfish hatcheries; relating to application fees for salmon and shellfish hatchery permits; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Finance Committee. The following fiscal note(s) apply: 1. Fiscal, Dept. of Fish & Game The Governor's transmittal letter dated February 4, 2016, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to management of enhanced stocks of fish; authorizing the operation of nonprofit 2016-02-05 House Journal Page 1584 shellfish hatcheries; and application fees for salmon and shellfish hatchery permits. The bill would authorize the Commissioner of Fish and Game to permit the construction and operation of shellfish hatcheries by nonprofit corporations for the purpose of enhancing shellfish fisheries. The bill would also make several other related amendments to State law relating to shellfish hatcheries. The Board of Fisheries is statutorily tasked to manage fish stocks in the state; fish stocks include invertebrate species, such as shellfish. Currently, under AS 16.40.100 - 16.40.199 the Commissioner may permit the construction and operation of shellfish hatcheries for the purpose of supplying shellfish to an aquatic farm, but may not permit the construction and operation of shellfish hatcheries for the purpose of enhancing shellfish fisheries. The bill is largely modeled after AS 16.10.375 - 16.10.480, which authorizes the Commissioner of Fish and Game to permit the construction and operation of salmon hatcheries for the purpose of enhancing salmon fisheries. The bill would also make conforming amendments to the determination of authorized gear to allow use of legal gear to harvest shellfish, to allow donations of shellfish to a food bank, and to exempt from State corporate income tax income from a nonprofit corporation holding a permit to operate a shellfish hatchery for enhancement of shellfish stock. In addition, the bill would update the application fee for a salmon hatchery permit. Enhancement of the State's shellfish fisheries would benefit the state's economy by providing a method to increase the available harvest of shellfish for public use in an environmentally safe manner. I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor" 2016-02-05 House Journal Page 1585 HB 301 HOUSE BILL NO. 301 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the duties of the Department of Administration; relating to payment of judgment against the state; relating to pre-audit of claims; relating to travel costs and travel outside the state; repealing authorization and administration of the Department of Administration to make advances to the University of Alaska; and repealing the United States savings bond purchase plan." was read the first time and referred to the State Affairs and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Administration The Governor's transmittal letter dated February 4, 2016, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to the duties of the Department of Administration (DOA). The bill would update certain statutes and repeal other statutes in order to better reflect the practices and duties of the DOA. The bill would amend AS 09.50.270 to reflect the current practice regarding payment of judgments issued against the State. It would amend AS 37.05.190 to acknowledge a change in technology and clarify decentralization of certain financial functions. It would amend AS 39.20.140 regarding travel to reflect current industry language and to comply with an audit recommendation from the legislative audit division. The bill would repeal AS 37.10.088 to acknowledge that advances are no longer provided by the DOA to the University of Alaska. The bill would also repeal AS 39.40.010 and AS 39.40.020 due to changes in how United States savings bonds are purchased. 2016-02-05 House Journal Page 1586 I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor" HB 302 HOUSE BILL NO. 302 by Representative Tarr, entitled: "An Act relating to school discipline." was read the first time and referred to the Education and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Herron 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 - Little Italy Restaurant By Representatives Millett, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss- Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool; Senator Meyer Honoring - Hecla Mining Company By Senator Giessel; Representatives Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool 2016-02-05 House Journal Page 1587 Honoring - The Homer High School 'Mariners' Wrestling Team, 2015 Class 1-2-3A State Champions By Senator Stevens; Representatives Seaton, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool In Memoriam - Captain John William Spriggs, USPHS By Representatives Herron, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton Tuck, Vazquez, Wilson, Wool; Senator Hoffman In Memoriam - Ted F. Vanderweyst By Representatives Kawasaki, Guttenberg, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Hughes, Johnson, Josephson, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool UNFINISHED BUSINESS Representative Herron 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 Colver - from 5:00 p.m., February 5 to 10:00 p.m., February 7 Representative Foster - from 8:00 a.m., February 7 to 8:00 p.m., February 10 (amended from page 1570) 2016-02-05 House Journal Page 1588 SPECIAL ORDER OF BUSINESS Representative Herron moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Commemorating - The 60th Anniversary of the Signing of the Constitution of the State of Alaska, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Herron moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Commemorating - The 60th Anniversary of the Signing of the Constitution of the State of Alaska By Representatives Tuck, Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss- Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Vazquez, Wilson, Wool; Senator Gardner UNFINISHED BUSINESS HB 188 Representative Gara added as a cosponsor to: HOUSE BILL NO. 188 "An Act relating to financial accounts for persons with disabilities; relating to financial institutions; relating to property exemptions; relating to securities; and providing for an effective date." SB 23 Representative Gattis added as a cross sponsor to: CS FOR SENATE BILL NO. 23(JUD) "An Act relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs." 2016-02-05 House Journal Page 1589 ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Herron moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 8, 2016. There being no objection, the House adjourned at 11:14 a.m. Crystaline Jones Chief Clerk