Legislature(2015 - 2016)

2016-05-05 House Journal

Full Journal pdf

2016-05-05                     House Journal                      Page 2767
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-NINTH LEGISLATURE                                                                             
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Thursday                   May 5, 2016                                                        
                                                                                                                                
                         One Hundred Eighth Day                                                                            
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:35 a.m. in the Terry Miller Legislative Office Building                                                          
gymnasium.                                                                                                                      
                                                                                                                                
Roll call showed 39 members present.  Representative Hawker had                                                                 
been excused from a call of the House today.                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, Representative Stutes.                                                              
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 all people and all beliefs, I offer                                                            
    the following invocation.                                                                                                   
                                                                                                                                
    Almighty God,                                                                                                               
                                                                                                                                
    You are our creator and our sustainer.  You are our light and                                                               
    our fortress.  You are our wisdom and our strength.  We ask                                                                 
    for your guiding hand to lead us through this meeting.  May                                                                 
    we approach our tasks with wisdom, and may we approach                                                                      
    our members with respect.  May our conduct create an                                                                        
    environment of cooperation and kindness.  Thank you for                                                                     
    helping us to accomplish our work this day.  We ask these                                                                   
    things in your powerful name.  Amen.                                                                                        
                                                                                                                                
The Pledge of Allegiance was led by Representative Drummond.                                                                    

2016-05-05                     House Journal                      Page 2768
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the 107th legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
HB 76                                                                                                                         
A message dated May 4, 2016, was read stating the Governor signed                                                               
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    HOUSE BILL NO. 76                                                                                                           
    "An Act relating to the Governor's Council on Disabilities and                                                              
    Special Education."                                                                                                         
                                                                                                                                
    Chapter No. 5, SLA 2016                                                                                                     
    Effective Date:  August 2, 2016                                                                                             
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
HB 137                                                                                                                        
The Conference Committee considering:                                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 137(FIN) am                                                                                           
    "An Act 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; replacing the permanent sport fishing, hunting, or                                                           
    trapping identification card for certain residents with an                                                                  
    identification card valid for three years; relating to hunting and                                                          
    fishing by proxy; relating to fish and game conservation decals;                                                            
    raising the age of eligibility for a sport fishing, hunting, or                                                             
    trapping license exemption for state residents; raising the age at                                                          
    which a state resident is required to obtain a license for sport                                                            
    fishing, hunting, or trapping; and providing for an effective date."                                                        
                                                                                                                                
and                                                                                                                             
                                                                                                                                

2016-05-05                     House Journal                      Page 2769
           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."                                                                                                            
                                                                                                                                
    (SCR 22 - title change resolution)                                                                                          
                                                                                                                                
requests limited powers of free conference on the following specific                                                            
point(s):                                                                                                                       
                                                                                                                                
    Section 29 (Senate)                                                                                                         
                                                                                                                                
The request was signed by Representatives Talerico (Chair), Nageak,                                                             
Tarr; and Senators Giessel (Chair), Stoltze, Stevens.                                                                           
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SENATE BILLS IN THIRD READING                                                                           
                                                                                                                                
SB 91                                                                                                                         
The following was before the House in third reading:                                                                            
                                                                                                                                
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN)                                                                          
    am H                                                                                                                        
    "An Act relating to civil in rem forfeiture actions; relating to                                                            
    criminal law and procedure; relating to controlled substances;                                                              

2016-05-05                     House Journal                      Page 2770
    relating to victims of criminal offenses; relating to probation;                                                            
    relating to sentencing; relating to treatment program credit for                                                            
    time spent toward service of a sentence of imprisonment; relating                                                           
    to the Violent Crimes Compensation Board; establishing a pretrial                                                           
    services program with pretrial services officers in the Department                                                          
    of Corrections; relating to permanent fund dividends; relating to                                                           
    electronic monitoring; relating to penalties for violations of                                                              
    municipal ordinances; relating to parole; relating to correctional                                                          
    restitution centers; relating to community work service; relating to                                                        
    revocation, termination, suspension, cancellation, or restoration of                                                        
    a driver's license; relating to identification cards and driver's                                                           
    licenses for parolees; relating to the disqualification of persons                                                          
    convicted of certain felony drug offenses from participation in the                                                         
    food stamp and temporary assistance programs; relating to the                                                               
    duties of the commissioner of corrections; amending Rules 32,                                                               
    32.1, 38, and 43, Alaska Rules of Criminal Procedure; and                                                                   
    providing for an effective date."                                                                                           
                                                                                                                                
In accordance with Rule 43(b) of the Uniform Rules, the Speaker                                                                 
waived engrossment of HCS CSSSSB 91(FIN) am H.                                                                                  
                                                                                                                                
Representative Millett placed a call of the House.                                                                              
                                                                                                                                
The Speaker lifted the call.                                                                                                    
                                                                                                                                
The question being:  "Shall HCS CSSSSB 91(FIN) am H pass the                                                                    
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
HCS CSSSSB 91(FIN) am H                                                                                                         
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wilson,                                                               
Wool, Claman, Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg,                                                               
Herron, Hughes, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux,                                                                 
Munoz, Nageak, Olson, Saddler, Seaton, Chenault                                                                                 
                                                                                                                                
Nays:  Tilton, Vazquez, Colver, Johnson, Josephson, Lynn, Millett,                                                              
Neuman, Ortiz, Pruitt, Reinbold                                                                                                 
                                                                                                                                
                                                                                                                                

2016-05-05                     House Journal                      Page 2771
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, HCS CSSSSB 91(FIN) am H passed the House.                                                                               
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
court rule changes.  There being no objection, it was so ordered.                                                               
                                                                                                                                
Representative Millett 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.                                                            
                                                                                                                                
Representative Pruitt gave notice of reconsideration of the vote on                                                             
HCS CSSSSB 91(FIN) am H.                                                                                                        
                                                                                                                                
                       SPECIAL ORDER OF BUSINESS                                                                             
                                                                                                                                
HCR 32                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
following be taken up as a Special Order of Business:                                                                           
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 32                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Bill No. 91,                                                                
    relating to criminal law and procedure; relating to controlled                                                              
    substances; relating to immunity from prosecution for the crime of                                                          
    prostitution; relating to probation; relating to sentencing;                                                                
    establishing a pretrial services program with pretrial services                                                             
    officers in the Department of Corrections; relating to the                                                                  
    publication of suspended entries of judgment on a publicly                                                                  
    available Internet website; relating to permanent fund dividends;                                                           
    relating to electronic monitoring; relating to penalties for                                                                
    violations of municipal ordinances; relating to parole; relating to                                                         
    correctional restitution centers; relating to community work                                                                
    service; relating to revocation, termination, suspension,                                                                   
    cancellation, or restoration of a driver's license; relating to the                                                         
    excise tax on marijuana; establishing the recidivism reduction                                                              
    fund; relating to the Alaska Criminal Justice Commission; relating                                                          
    to the disqualification of persons convicted of specified drug                                                              
    offenses from participation in the food stamp and temporary                                                                 

2016-05-05                     House Journal                      Page 2772
    assistance programs; relating to the duties of the commissioner of                                                          
    corrections; and amending Rules 32, 32.1, 38, 41, and 43, Alaska                                                            
    Rules of Criminal Procedure, and repealing Rules 41(d) and (e),                                                             
    Alaska Rules of Criminal Procedure.                                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The question being:  "Shall HCR 32 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HCR 32                                                                                                                          
Special Order of Business                                                                                                       
                                                                                                                                
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez,                                                                 
Wilson, Wool, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                   
Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki,                                                               
Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                     
Nageak, Neuman, Olson, Ortiz, Pruitt, Saddler, Seaton, Spohnholz,                                                               
Chenault                                                                                                                        
                                                                                                                                
Nays:  Reinbold                                                                                                                 
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, HCR 32 passed the House and was referred to the Chief Clerk                                                             
for engrossment.                                                                                                                
                                                                                                                                
                                RESCIND                                                                                      
                                                                                                                                
HB 156                                                                                                                        
Representative Keller moved and asked unanimous consent that the                                                                
House rescind action in failing to adopt the following (page 2741):                                                             
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN)                                                                                
    "An Act relating to a parent's right to direct the education of a                                                           
    child; relating to the duties of the state Board of Education and                                                           
    Early Development, the Department of Education and Early                                                                    
    Development, school boards, and school districts; relating to                                                               
    public school curriculum and assessments; relating to compliance                                                            
    with federal education laws; relating to public school                                                                      
    accountability; relating to a statewide assessment plan and review                                                          

2016-05-05                     House Journal                      Page 2773
    of education laws and regulations; repealing the minimum                                                                    
    expenditure for instruction for school districts; relating to sex                                                           
    education, human reproduction education, and human sexuality                                                                
    education; relating to suicide awareness and prevention training;                                                           
    relating to contracts for student assessments; relating to                                                                  
    questionnaires and surveys administered in public schools;                                                                  
    relating to physical examinations for teachers; and providing for                                                           
    an effective date."                                                                                                         
                                                                                                                                
Representative Tarr objected and withdrew the objection.  There being                                                           
no further objection, the motion passed.                                                                                        
                                                                                                                                
Representative Millett moved that the House adopt the Conference                                                                
Committee report (page 2648), thus adopting SCS CSHB 156(FIN).                                                                  
                                                                                                                                
The question being:  "Shall the House adopt the report?"  The roll was                                                          
taken with the following result:                                                                                                
                                                                                                                                
SCS CSHB 156(FIN)                                                                                                               
Adopt                                                                                                                           
                                                                                                                                
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Talerico, Thompson, Tilton, Vazquez, Wilson, Colver, Gattis,                                                             
Hughes, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak,                                                                  
Neuman, Olson, Pruitt, Reinbold, Saddler, Chenault                                                                              
                                                                                                                                
Nays:  Tarr, Tuck, Wool, Claman, Drummond, Edgmon, Foster, Gara,                                                                
Guttenberg, Herron, Josephson, Kawasaki, Kito, Kreiss-Tomkins,                                                                  
Ortiz, Seaton, Spohnholz, Stutes                                                                                                
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, the House adopted the report.                                                                                           
                                                                                                                                
Representative Millett moved the effective date clause.                                                                         
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 156(FIN)                                                                                                               
Adopt                                                                                                                           
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                                              

2016-05-05                     House Journal                      Page 2774
Yeas:  Thompson, Tilton, Vazquez, Wilson, Colver, Gattis, Herron,                                                               
Hughes, Johnson, Keller, LeDoux, Lynn, Millett, Nageak, Neuman,                                                                 
Olson, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Chenault                                                            
                                                                                                                                
Nays:  Tarr, Tuck, Wool, Claman, Drummond, Edgmon, Foster, Gara,                                                                
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Munoz,                                                                   
Ortiz, Spohnholz                                                                                                                
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, lacking the required 27 votes, the effective date clause was not                                                        
adopted, and the new title follows:                                                                                             
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                         
    156(FIN)(efd fld H)                                                                                                         
    "An Act relating to a parent's right to direct the education of a                                                           
    child; relating to the duties of the state Board of Education and                                                           
    Early Development, the Department of Education and Early                                                                    
    Development, school boards, and school districts; relating to                                                               
    public school curriculum and assessments; relating to compliance                                                            
    with federal education laws; relating to public school                                                                      
    accountability; relating to a statewide assessment plan and review                                                          
    of education laws and regulations; repealing the minimum                                                                    
    expenditure for instruction for school districts; relating to sex                                                           
    education, human reproduction education, and human sexuality                                                                
    education; relating to suicide awareness and prevention training;                                                           
    relating to contracts for student assessments; relating to                                                                  
    questionnaires and surveys administered in public schools;                                                                  
    relating to physical examinations for teachers."                                                                            
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
The Senate adopted the Conference report (Senate Journal page 2750).                                                            
                                                                                                                                
SCS CSHB 156(FIN)(efd fld H) was referred to the Chief Clerk for                                                                
engrossment.                                                                                                                    
                                                                                                                                
                       SPECIAL ORDER OF BUSINESS                                                                             
                                                                                                                                
SCR 25                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
following be taken up as a Special Order of Business:                                                                           
                                                                                                                                

2016-05-05                     House Journal                      Page 2775
    SENATE CONCURRENT RESOLUTION NO. 25                                                                                         
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning House Bill No. 156,                                                                
    relating to the duties of the State Board of Education and Early                                                            
    Development, the Department of Education and Early                                                                          
    Development, school boards, and school districts; relating to                                                               
    public school curriculum and assessments; relating to compliance                                                            
    with federal education laws; relating to public school                                                                      
    accountability; and relating to a statewide assessment plan and                                                             
    review of education laws and regulations.                                                                                   
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The question being:  "Shall SCR 25 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
SCR 25                                                                                                                          
Special Order of Business                                                                                                       
                                                                                                                                
YEAS:  24   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Thompson, Tilton, Vazquez, Wilson, Colver, Gattis, Herron,                                                               
Hughes, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak,                                                                  
Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico,                                                             
Chenault                                                                                                                        
                                                                                                                                
Nays:  Tuck, Wool, Claman, Drummond, Edgmon, Foster, Gara,                                                                      
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Ortiz,                                                                   
Spohnholz, Tarr                                                                                                                 
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, lacking the required 27 votes, SCR 25 failed to pass the                                                                
House.                                                                                                                          
                                                                                                                                
SCR 25(fld H) was referred to the Chief Clerk for engrossment.                                                                  
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Millett 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:                                                                                
                                                                                                                                

2016-05-05                     House Journal                      Page 2776
Representative Stutes - from 8:00 a.m., May 6 to 2:30 p.m., May 9                                                               
                                                                                                                                
Representative Foster - from 12:30 p.m., May 6 to 10:00 p.m., May 8                                                             
                                                                                                                                
Representative LeDoux - from 4:00 a.m., May 6 to 11:00 p.m., May 8                                                              
                                                                                                                                
Representative Talerico - from 1:00 p.m., May 6 to 10:00 p.m., May 8                                                            
                                                                                                                                
Representative Edgmon - from 6:00 p.m., May 5 to 8:30 p.m., May 8                                                               
                                                                                                                                
Representative Thompson - from 1:00 p.m., May 6 to 10:00 a.m.,                                                                  
May 9                                                                                                                           
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HCR 32                                                                                                                        
HCR 32 was engrossed and signed by the Speaker and Chief Clerk.                                                                 
                                                                                                                                
HB 156                                                                                                                        
SCS CSHB 156(FIN)(efd fld H) was engrossed and signed by the                                                                    
Speaker and Chief Clerk.                                                                                                        
                                                                                                                                
SCR 25                                                                                                                        
SCR 25(fld H) was engrossed.                                                                                                    
                                                                                                                                
                             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 11:00 a.m., May 9, 2016.  There being no                                                                    
objection, the House adjourned at 6:17 p.m.                                                                                     
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk