Legislature(2015 - 2016)

2016-04-20 House Journal

Full Journal pdf

2016-04-20                     House Journal                      Page 2543
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-NINTH LEGISLATURE                                                                              
                                                                                                                                
                            SECOND SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                  April 20, 2016                                                    
                                                                                                                                
                           Ninety-third Day                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 1:04 p.m.                                                                                                           
                                                                                                                                
Roll call showed 33 members present.  Representatives Hawker and                                                                
Olson had been excused from a call of the House today.                                                                          
Representatives Saddler and Thompson were absent and their presence                                                             
was noted later.  Representative Pruitt was absent.                                                                             
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
Representatives Claman and Johnson be excused from a call of the                                                                
House today.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
The invocation was offered by the Chaplain, Representative Munoz.                                                               
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.                                                                                                
                                                                                                                                
     Dear Heavenly Father,                                                                                                      
                                                                                                                                
     As the sun rose this morning in the misty fjords all the way to the                                                        
     gates of the Arctic, we thank you for the blessing of this new day.                                                        
     Thank you for our beautiful state and for the privilege of serving                                                         
     you and those we represent.  Help us to be people of peace and to                                                          
     remember that we are of one community, sharing, serving, and                                                               

2016-04-20                     House Journal                      Page 2544
     seeking the common good.  Give us courage, integrity, and                                                                  
     wisdom.  Please bless and protect our families, the members of                                                             
     this chamber, the members of the other body, and the Governor as                                                           
     we finish the people's work.  Lord, bless and protect our state.  In                                                       
     your heavenly name we pray.  Amen.                                                                                         
                                                                                                                                
The Pledge of Allegiance was led by Representative Hughes.                                                                      
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the 90th, 91st, and 92nd legislative days be approved as                                                            
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
HCR 31                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 31                                                                                         
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 154,                                                              
     relating to special registration plates commemorating the Blood                                                            
     Bank of Alaska.                                                                                                            
                                                                                                                                
HCR 31 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
**The presence of Representatives Saddler and Thompson was noted.                                                               
                                                                                                                                
HCR 34                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 34                                                                                         
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 24,                                                               
     relating to the applicability of the Legislative Ethics Act to                                                             
     legislative interns, legislative volunteers, legislative consultants,                                                      
     legislative independent contractors, sole proprietorships, and other                                                       
     legal entities.                                                                                                            
                                                                                                                                
HCR 34 was referred to the Chief Clerk for enrollment.                                                                          

2016-04-20                     House Journal                      Page 2545
HB 125                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE BILL NO. 125                                                                                                         
     "An Act relating to the sale of products containing                                                                        
     dextromethorphan; relating to the regulation of dextromethorphan                                                           
     by municipalities; and providing for an effective date."                                                                   
                                                                                                                                
HB 125 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 143                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 143(FIN)                                                                                             
     "An Act authorizing the Alaska Industrial Development and                                                                  
     Export Authority to issue bonds to finance the infrastructure and                                                          
     construction costs of the Sweetheart Lake hydroelectric project."                                                          
                                                                                                                                
CSHB 143(FIN) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
HB 274                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 274(RES)                                                                                             
     "An Act relating to extensions of certain state land leases; relating                                                      
     to the exchange of state land; and relating to the definition of 'state                                                    
     land.'"                                                                                                                    
                                                                                                                                
CSHB 274(RES) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
HB 290                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE BILL NO. 290                                                                                                         
     "An Act extending the termination date of the Real Estate                                                                  
     Commission; and providing for an effective date."                                                                          
                                                                                                                                
HB 290 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
                                                                                                                                

2016-04-20                     House Journal                      Page 2546
HB 308                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE BILL NO. 308 am                                                                                                      
     "An Act relating to the limitation of liability for the inspection,                                                        
     installation, or adjustment of a child safety seat or in providing                                                         
     education regarding the installation or adjustment of a child safety                                                       
     seat; and relating to child safety devices in motor vehicles.                                                              
                                                                                                                                
HB 308 am was referred to the Chief Clerk for enrollment.                                                                       
                                                                                                                                
HB 373                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     HOUSE BILL NO. 373                                                                                                         
     "An Act approving and ratifying the sale of royalty oil by the State                                                       
     of Alaska to Tesoro Corporation and Tesoro Refining and                                                                    
     Marketing Company LLC; and providing for an effective date."                                                              
                                                                                                                                
HB 373 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 375                                                                                                                        
A message dated April 17, 2016, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 375(FIN)                                                                                             
     "An Act requiring the electronic submission of a tax return or                                                             
     report with the Department of Revenue; and providing for an                                                                
     effective date."                                                                                                           
                                                                                                                                
CSHB 375(FIN) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
SB 196                                                                                                                        
A message dated April 20, 2016, was read stating the Senate failed to                                                           
concur in the House amendment to CSSB 196(FIN), namely:                                                                         
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN)                                                                               
     "An Act relating to the amount appropriated for power cost                                                                 
     equalization; relating to the use of certain unexpended earnings                                                           
     from the power cost equalization endowment fund; and providing                                                             
     for an effective date."                                                                                                    
                                                                                                                                
and respectfully requests the House to recede from its amendment.                                                               

2016-04-20                     House Journal                      Page 2547
In the event the House fails to recede, the President appointed the                                                             
following members to a Conference Committee to meet with a like                                                                 
committee from the House to consider the bills:                                                                                 
                                                                                                                                
 Senator Hoffman, Chair                                                                                                         
 Senator MacKinnon                                                                                                              
 Senator Bishop                                                                                                                 
                                                                                                                                
                                RECEDE                                                                                       
                                                                                                                                
SB 196                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
House consider the Senate message.  There being no objection, it was                                                            
so ordered.                                                                                                                     
                                                                                                                                
Representative Millett moved that the House recede from its                                                                     
amendment to CSSB 196(FIN), namely HCS CSSB 196(FIN), and                                                                       
recommended that the members vote no.                                                                                           
                                                                                                                                
The question being:  "Shall the House recede from its amendment to                                                              
CSSB 196(FIN)?"  The roll was taken with the following result:                                                                  
                                                                                                                                
HCS CSSB 196(FIN)                                                                                                               
Recede                                                                                                                          
                                                                                                                                
YEAS:  1   NAYS:  34   EXCUSED:  4   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Gara                                                                                                                     
                                                                                                                                
Nays:  Chenault, Colver, Drummond, Edgmon, Foster, Gattis,                                                                      
Guttenberg, Herron, Hughes, Josephson, Kawasaki, Keller, Kito,                                                                  
Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman,                                                                   
Ortiz, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                            
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
Excused:  Claman, Hawker, Johnson, Olson                                                                                        
                                                                                                                                
Absent:  Pruitt                                                                                                                 
                                                                                                                                
Gara changed from "Nay" to "Yea".                                                                                               
                                                                                                                                
And so, the House failed to recede.                                                                                             

2016-04-20                     House Journal                      Page 2548
The Speaker appointed the following members to a Conference                                                                     
Committee to meet with a like committee from the Senate to consider                                                             
the above bills:                                                                                                                
                                                                                                                                
     Representative Edgmon, Chair                                                                                               
     Representative Saddler                                                                                                     
     Representative Kawasaki                                                                                                    
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                            COMMUNICATIONS                                                                                   
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Alaska Comprehensive Health Insurance Association                                                                               
2014 Annual Report                                                                                                              
(as required by AS 21.55.020)                                                                                                   
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - James Udelhoven                                                                                                      
By Representatives LeDoux, Seaton                                                                                               
                                                                                                                                
Honoring - Susie and Jim Gorski                                                                                                 
By Senators Stoltze, MacKinnon; Representatives Saddler, Tilton,                                                                
Reinbold                                                                                                                        
                                                                                                                                
In Memoriam - Linda Chana Boyko                                                                                                 
By Representatives LeDoux, Pruitt                                                                                               
                                                                                                                                
In Memoriam - Alfredo "Fred" R. Agron                                                                                           
By Representative LeDoux; Senator Wielechowski                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                

2016-04-20                     House Journal                      Page 2549
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Millett 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 - Alaska Sports Hall of Fame 2016 Director's Awards                                                                    
By Senators Stoltze, Costello; Representatives Chenault, Claman,                                                                
Colver, Drummond, Edgmon, Foster, Gara, Guttenberg, Hawker,                                                                     
Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-                                                             
Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson,                                                                   
Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico,                                                          
Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                             
                                                                                                                                
In Memoriam - John "Jack" Seemann                                                                                               
By Senators Stoltze, Huggins, Dunleavy; Representatives Hughes,                                                                 
Tilton, Keller, Gattis, Colver, Neuman, Chenault, Claman,                                                                       
Drummond, Edgmon, Foster, Gara, Guttenberg, Hawker, Herron,                                                                     
Johnson, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lynn,                                                               
Millett, Munoz, Nageak, Olson, Ortiz, Pruitt, Reinbold, Saddler,                                                                
Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Vazquez,                                                             
Wilson, Wool                                                                                                                    
                                                                                                                                
In Memoriam - Thomas P. LeCompte Jr.                                                                                            
By Senator Stedman; Representatives Ortiz, Chenault, Claman,                                                                    
Colver, Drummond, Edgmon, Foster, Gara, Guttenberg, Hawker,                                                                     
Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-                                                             
Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson,                                                                   
Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                           
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 182                                                                                                                        
Representative Seaton moved and asked unanimous consent to                                                                      
withdraw the following:                                                                                                         
                                                                                                                                
                                                                                                                                

2016-04-20                     House Journal                      Page 2550
     HOUSE BILL NO. 182                                                                                                         
     "An Act relating to the taxation of income of individuals;                                                                 
     repealing tax credits applied against the tax on individuals under                                                         
     the Alaska Net Income Tax Act; and providing for an effective                                                              
     date."                                                                                                                     
                                                                                                                                
There being no objection, HB 182 was withdrawn.                                                                                 
                                                                                                                                
                      CONCUR IN SENATE AMENDMENTS                                                                            
                                                                                                                                
HB 137                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
House rescind previous action in concurring (page 2519) with the                                                                
following:                                                                                                                      
                                                                                                                                
           SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S                                                                   
     "An Act establishing an intensive management surcharge;                                                                    
     providing for the repeal of the intensive management surcharge;                                                            
     establishing certain special hunting and fishing licenses and                                                              
     permits for residents with developmental disabilities; establishing                                                        
     a separate sustainable wildlife account in the fish and game fund;                                                         
     raising certain fees related to sport fishing, hunting, and trapping;                                                      
     relating to the fish and game fund; providing for the repeal of the                                                        
     sport fishing surcharge and sport fishing facility revenue bonds;                                                          
     relating to the regulation of nonresident hunters; relating to                                                             
     hunting and fishing by proxy; relating to fish and game                                                                    
     conservation decals; raising the age at which a state resident is                                                          
     required to obtain a license for sport fishing, hunting, or trapping;                                                      
     relating to the Chitina dip net fishery; and providing for an                                                              
     effective date."                                                                                                           
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Millett moved that the House concur in the Senate                                                                
amendment to CSHB 137(FIN) am, thus adopting SCS CSHB
137(FIN) am S, and recommended that the members vote no.                                                                        
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to CSHB 137(FIN) am?"  The roll was taken with the                                                                    
following result:                                                                                                               
                                                                                                                                
                                                                                                                                

2016-04-20                     House Journal                      Page 2551
SCS CSHB 137(FIN) am S                                                                                                          
Concur                                                                                                                          
                                                                                                                                
YEAS:  0   NAYS:  35   EXCUSED:  4   ABSENT:  1                                                                               
                                                                                                                                
Nays:  Chenault, Colver, Drummond, Edgmon, Foster, Gara, Gattis,                                                                
Guttenberg, Herron, Hughes, Josephson, Kawasaki, Keller, Kito,                                                                  
Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman,                                                                   
Ortiz, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                            
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
Excused:  Claman, Hawker, Johnson, Olson                                                                                        
                                                                                                                                
Absent:  Pruitt                                                                                                                 
                                                                                                                                
And so, the House failed to concur in the Senate amendment.                                                                     
                                                                                                                                
The Chief Clerk notified the Senate and respectfully requested it to                                                            
recede.                                                                                                                         
                                                                                                                                
In the event the Senate fails to recede from its amendment, the                                                                 
Speaker appointed the following members to a Conference Committee                                                               
to meet with a like committee from the Senate to consider the above                                                             
bills:                                                                                                                          
                                                                                                                                
     Representative Talerico, Chair                                                                                             
     Representative Nageak                                                                                                      
     Representative Tarr                                                                                                        
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of April 6,                                                             
2016.                                                                                                                           
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House adjourn until 1:00 p.m., April 21, 2016.  There being no                                                                  
objection, the House adjourned at 1:21 p.m.                                                                                     
                                                                                                                                
                                              Crystaline Jones                                                                  
                                              Chief Clerk