Legislature(2015 - 2016)

2016-06-03 House Journal

Full Journal pdf

2016-06-03                     House Journal                      Page 3037
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-NINTH LEGISLATURE                                                                             
                                                                                                                                
                         FOURTH SPECIAL SESSION                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Friday                    June 3, 2016                                                      
                                                                                                                                
                               Twelfth Day                                                                                 
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 1:00 p.m. in the Terry Miller Legislative Office Building                                                           
gymnasium.                                                                                                                      
                                                                                                                                
Roll call showed 35 members present.  Representative Reinbold was                                                               
absent and her presence was noted later.                                                                                        
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
Representatives Hawker, Hughes, Kreiss-Tomkins, and Wool 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 Talerico.                                                            
Representative Wilson moved and asked unanimous consent that the                                                                
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
      With respect for all religious beliefs, I offer the following                                                            
    prayer:                                                                                                                     
                                                                                                                                
    Dear Lord,                                                                                                                  
                                                                                                                                
    Thank you for the opportunity to serve the people of Alaska in                                                              
    the legislature.  I pray that as we continue the work of this                                                               
    state that we will do as many of the founders of this state and                                                             
    country have done.  That we will ask for your wisdom of                                                                     
    which you give in abundance, and that we will trust in you,                                                                 

2016-06-03                     House Journal                      Page 3038
    Lord, and not lean on our own understanding, so that you will                                                               
    direct our paths.  As we continue to work out differences of                                                                
    opinion, may we not forget what Jesus called the second                                                                     
    greatest commandment: to love our neighbor as ourselves, and                                                                
    help us to treat each other with respect and the love that you                                                              
    have for us daily.  Please give us the wisdom to overcome the                                                               
    challenges that we are faced with today.  In the name of Jesus                                                              
    Christ I pray.  Amen.                                                                                                       
                                                                                                                                
The Pledge of Allegiance was led by Representative Guttenberg.                                                                  
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the ninth, tenth, and eleventh legislative days of the fourth                                                       
special session be approved as certified by the Chief Clerk.  There                                                             
being no objection, it was so ordered.                                                                                          
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
HB 125                                                                                                                        
A message dated June 2, 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. 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."                                                                    
                                                                                                                                
    Chapter No. 16, SLA 2016                                                                                                    
    Effective Date:  June 3, 2016                                                                                               
                                                                                                                                
HB 216                                                                                                                        
A message dated June 2, 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:                                                                       
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES)                                                                                
    "An Act relating to obstruction or interference with a person's free                                                        

2016-06-03                     House Journal                      Page 3039
    passage on or use of navigable water; and amending the definition                                                           
    of 'navigable water' under the Alaska Land Act."                                                                            
                                                                                                                                
    Chapter No. 14, SLA 2016                                                                                                    
    Effective Date:  August 31, 2016                                                                                            
                                                                                                                                
SB 154                                                                                                                        
A message dated June 2, 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 CS FOR CS FOR SENATE BILL NO. 154(STA)                                                                                
    "An Act relating to special registration plates commemorating the                                                           
    Blood Bank of Alaska; relating to special request registration                                                              
    plates celebrating the arts; and relating to the Alaska State Council                                                       
    on the Arts."                                                                                                               
                                                                                                                                
    Chapter No. 15, SLA 2016                                                                                                    
    Effective Date:  August 31, 2016                                                                                            
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
HB 200                                                                                                                        
A message dated May 31, 2016, was read stating the Senate passed:                                                               
                                                                                                                                
    CS FOR HOUSE BILL NO. 200(HSS) am                                                                                           
    "An Act establishing procedures related to a petition or proxy for                                                          
    adoption or guardianship of a child in state custody; adding a                                                              
    definition of 'proxy for a formal petition'; amending Rules 5 and                                                           
    6(a), Alaska Adoption Rules, and adding Rule 17.3, Alaska Child                                                             
    in Need of Aid Rules of Procedure; and providing for an effective                                                           
    date."                                                                                                                      
                                                                                                                                
HB 200 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 374                                                                                                                        
A message dated June 3, 2016, was read stating the Senate passed                                                                
CSHB 374(FIN) with the following amendment, and it is transmitted                                                               
for consideration:                                                                                                              
                                                                                                                                

2016-06-03                     House Journal                      Page 3040
    SENATE CS FOR CS FOR HOUSE BILL NO. 374(FIN)                                                                                
    "An Act relating to coverage under a state plan provided by the                                                             
    Comprehensive Health Insurance Association; establishing the                                                                
    Alaska comprehensive health insurance fund; relating to a                                                                   
    reinsurance program; relating to the definition of 'residents who                                                           
    are high risks'; relating to an application for a waiver for state                                                          
    innovation for health care insurance; and providing for an                                                                  
    effective date."                                                                                                            
                                                                                                                                
CSHB 374(FIN) is under Unfinished Business.                                                                                     
                                                                                                                                
The presence of Representative Reinbold was noted.                                                                              
                                                                                                                                
HB 256                                                                                                                        
A message dated May 31, 2016, was read stating the Senate adopted                                                               
the Conference Committee with limited powers of free conference                                                                 
report on CSHB 256(FIN) and SCS CSHB 256(FIN), thus adopting:                                                                   
                                                                                                                                
    CONFERENCE CS FOR HOUSE BILL NO. 256                                                                                        
    "An Act making appropriations for the operating and loan                                                                    
    program expenses of state government and for certain programs;                                                              
    capitalizing funds; amending appropriations; repealing                                                                      
    appropriations; making supplemental appropriations and                                                                      
    reappropriations; making appropriations under art. IX, sec. 17(c),                                                          
    Constitution of the State of Alaska, from the constitutional budget                                                         
    reserve fund; and providing for an effective date."                                                                         
                                                                                                                                
The House adopted CCS HB 256 (page 3025).                                                                                       
                                                                                                                                
CCS HB 256 was referred to the Chief Clerk for engrossment and                                                                  
enrollment.                                                                                                                     
                                                                                                                                
HB 257                                                                                                                        
A message dated May 31, 2016, was read stating the Senate adopted                                                               
the Conference Committee with limited powers of free conference                                                                 
report on CSHB 257(FIN) and SCS CSHB 257(FIN), thus adopting:                                                                   
                                                                                                                                
    CONFERENCE CS FOR HOUSE BILL NO. 257                                                                                        
    "An Act making appropriations for the operating and capital                                                                 
    expenses of the state's integrated comprehensive mental health                                                              

2016-06-03                     House Journal                      Page 3041
    program; making supplemental appropriations; and providing for                                                              
    an effective date."                                                                                                         
                                                                                                                                
The House adopted CCS HB 257 (page 3027).                                                                                       
                                                                                                                                
CCS HB 257 was referred to the Chief Clerk for engrossment and                                                                  
enrollment.                                                                                                                     
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 246                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 246                                                                                                          
    "An Act creating the oil and gas infrastructure development                                                                 
    program and the oil and gas infrastructure development fund in                                                              
    the Alaska Industrial Development and Export Authority; relating                                                            
    to the interest rates of the Alaska Industrial Development and                                                              
    Export Authority; relating to the sustainable energy transmission                                                           
    and supply development and Arctic infrastructure development                                                                
    programs of the Alaska Industrial Development and Export                                                                    
    Authority; relating to dividends from the Alaska Industrial                                                                 
    Development and Export Authority; and adding definitions for 'oil                                                           
    and gas development infrastructure' and 'proven reserves.'"                                                                 
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 246(RES)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Talerico, Co-chair, with the                                                            
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Seaton, Tarr                                                                                                      
                                                                                                                                
No recommendation (6):  Herron, Josephson, Johnson, Olson,                                                                      
Chenault, Talerico                                                                                                              
                                                                                                                                
The following fiscal note(s) apply to CSHB 246(RES):                                                                            
                                                                                                                                

2016-06-03                     House Journal                      Page 3042
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 246 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 4003                                                                                                                       
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 4003                                                                                                         
    "An Act relating to the motor fuel tax; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 4003(FIN)                                                                                             
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Thompson and Neuman,                                                                   
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (3):  Edgmon, Munoz, Thompson                                                                                           
                                                                                                                                
Do not pass (3):  Gattis, Pruitt, Wilson                                                                                        
                                                                                                                                
No recommendation (3):  Saddler, Gara, Neuman                                                                                   
                                                                                                                                
Amend (2):  Kawasaki, Guttenberg                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 4003(FIN):                                                                           
                                                                                                                                
Fiscal note forthcoming.                                                                                                        
                                                                                                                                
HB 4003 was referred to the Rules Committee for placement on the                                                                
calendar.                                                                                                                       
                                                                                                                                
HB 4005                                                                                                                       
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 4005                                                                                                         
    "An Act relating to the mining license tax; relating to the                                                                 
    exploration incentive credit; relating to mining license application,                                                       
    renewal, and fees; and providing for an effective date."                                                                    

2016-06-03                     House Journal                      Page 3043
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 4005(FIN)                                                                                             
    "An Act relating to the mining license tax; relating to the                                                                 
    exploration incentive credit and royalty payments; relating to                                                              
    mining license application, renewal, and fees; and providing for an                                                         
    effective date."                                                                                                            
                                                                                                                                
The report was signed by Representatives Thompson and Neuman,                                                                   
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (2):  Edgmon, Thompson                                                                                                  
                                                                                                                                
Do not pass (5):  Saddler, Wilson, Pruitt, Gattis, Munoz                                                                        
                                                                                                                                
No recommendation (1):  Neuman                                                                                                  
                                                                                                                                
Amend (3):  Kawasaki, Gara, Guttenberg                                                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 4005(FIN):                                                                           
                                                                                                                                
2.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
HB 4005 was referred to the Rules Committee for placement on the                                                                
calendar.                                                                                                                       
                                                                                                                                
HB 4006                                                                                                                       
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 4006                                                                                                         
    "An Act relating to the fisheries business tax and fishery resource                                                         
    landing tax; removing the minimum and maximum restrictions on                                                               
    the annual base fee for the reissuance or renewal of an entry                                                               
    permit or an interim-use permit; relating to refunds of the fisheries                                                       
    business tax and the fishery resource landing tax to local                                                                  
    governments; and providing for an effective date."                                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
                                                                                                                                

2016-06-03                     House Journal                      Page 3044
    CS FOR HOUSE BILL NO. 4006(FIN)                                                                                             
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Thompson and Neuman,                                                                   
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (1):  Thompson                                                                                                          
                                                                                                                                
Do not pass (3):  Wilson, Pruitt, Gattis                                                                                        
                                                                                                                                
No recommendation (2):  Saddler, Neuman                                                                                         
                                                                                                                                
Amend (5):  Kawasaki, Gara, Guttenberg, Edgmon, Munoz                                                                           
                                                                                                                                
The following fiscal note(s) apply to CSHB 4006(FIN):                                                                           
                                                                                                                                
1.  Fiscal, Dept. of Revenue                                                                                                    
2.  Fiscal, Dept. of Fish & Game                                                                                                
                                                                                                                                
HB 4006 was referred to the Rules Committee for placement on the                                                                
calendar.                                                                                                                       
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citation was introduced and taken up later as a Special                                                           
Order of Business:                                                                                                              
                                                                                                                                
Honoring - Ceil Dunleavy                                                                                                        
By Representatives Gattis, Hughes, Colver, Keller, Tilton, Neuman;                                                              
Senators Stoltze, Dunleavy, Huggins                                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - William Brophy                                                                                                       
By Representative Kawasaki; Senator Kelly                                                                                       
                                                                                                                                
Honoring - Southeast Island School District                                                                                     
By Representative Kreiss-Tomkins                                                                                                
                                                                                                                                
In Memoriam - Nancy H. Mendenhall                                                                                               
By Representative Kawasaki; Senator Kelly                                                                                       

2016-06-03                     House Journal                      Page 3045
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House approve the citation on the calendar.  There being no objection,                                                          
the following citation was approved and sent to enrolling:                                                                      
                                                                                                                                
Honoring - Interior Mayors' Awards for the Arts, 2016 Recipients                                                                
By Representatives Kawasaki, Chenault, Claman, Colver, Drummond,                                                                
Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes,                                                               
Johnson, Josephson, 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; Senator Kelly                                                                                      
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
notice and publication requirements be waived and the citation,                                                                 
Honoring - Ceil Dunleavy, be taken up as a Special Order of Business.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House approve the citation.  There being no objection, the following                                                            
citation was approved and sent to enrolling:                                                                                    
                                                                                                                                
Honoring - Ceil Dunleavy                                                                                                        
By Representatives Gattis, Hughes, Colver, Keller, Tilton, 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; Senators Stoltze,                                                                        
Dunleavy, Huggins                                                                                                               
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HCR 4                                                                                                                         
The following memorandum, dated June 2, 2016, was received from                                                                 
Laura Duval, Enrolling Secretary, Division of Legal and Research                                                                
Services, regarding:                                                                                                            

2016-06-03                     House Journal                      Page 3046
              CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(STA)                                                                    
    Relating to the duties of delegates selected by the legislature to                                                          
    attend a convention of the states called under art. V, Constitution                                                         
    of the United States, to consider a countermand amendment to the                                                            
    Constitution of the United States; establishing as a joint                                                                  
    committee of the legislature the Delegate Credential Committee                                                              
    and relating to the duties of the committee; providing for an oath                                                          
    for delegates and alternates to a countermand amendment                                                                     
    convention; providing for a chair and assistant chair of the state's                                                        
    countermand amendment delegation; providing for the duties of                                                               
    the chair and assistant chair; providing instructions for the                                                               
    selection of a convention president; and providing specific                                                                 
    language for the countermand amendment on which the state's                                                                 
    convention delegates are authorized by the legislature to vote to                                                           
    approve.                                                                                                                    
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest errors in CSHCR
4(STA), which have been corrected in enrolling:                                                                                 
                                                                                                                                
Page 7, line 26, following "Alaska's":                                                                                          
    Insert "state"                                                                                                              
                                                                                                                                
Page 8, line 10:                                                                                                                
    Delete "be"                                                                                                                 
                                                                                                                                
Page 9, line 6, following "to":                                                                                                 
    Insert "the"                                                                                                                
                                                                                                                                
Page 10, line 17:                                                                                                               
    Delete "which includes"                                                                                                     
    Insert "including""                                                                                                         
                                                                                                                                
HJR 14                                                                                                                        
The following memorandum, dated June 2, 2016, was received from                                                                 
Laura Duval, Enrolling Secretary, Division of Legal and Research                                                                
Services, regarding:                                                                                                            
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                                             
    14(STA)                                                                                                                     
    Making application to the United States Congress to call a                                                                  
    convention of the states to propose a countermand amendment to                                                              

2016-06-03                     House Journal                      Page 3047
    the Constitution of the United States as provided under art. V,                                                             
    Constitution of the United States; and urging the legislatures of                                                           
    the other 49 states to make the same application.                                                                           
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest errors in SCS                                                                
CSHJR 14(STA), which have been corrected in enrolling:                                                                          
                                                                                                                                
Page 1, line 6:                                                                                                                 
    Delete "upon"                                                                                                               
    Insert "on"                                                                                                                 
                                                                                                                                
Page 2, line 31, following "countermand":                                                                                       
    Insert "amendment""                                                                                                         
                                                                                                                                
HJR 30                                                                                                                        
The following memorandum, dated June 2, 2016, was received from                                                                 
Laura Duval, Enrolling Secretary, Division of Legal and Research                                                                
Services, regarding:                                                                                                            
                                                                                                                                
    CS FOR HOUSE JOINT RESOLUTION NO. 30(STA)                                                                                   
    Urging the American Psychiatric Association to change the term                                                              
    "post-traumatic stress disorder" or "PTSD" to "post-traumatic                                                               
    stress injury" or "PTSI"; urging the governor to support usage of                                                           
    the term "post-traumatic stress injury"; respectfully requesting that                                                       
    the Alaska delegation in Congress champion this change of                                                                   
    designation in the United States Congress; and designating June                                                             
    27, 2016, as Post-Traumatic Stress Injury Awareness Day.                                                                    
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest error in CSHJR
30(STA), which has been corrected in enrolling:                                                                                 
                                                                                                                                
Page 2, line 31:                                                                                                                
    Delete "repairable"                                                                                                         
    Insert "reparable""                                                                                                         
                                                                                                                                
                               ENROLLMENT                                                                                    
                                                                                                                                
HB 290                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           

2016-06-03                     House Journal                      Page 3048
copies were transmitted to the Office of the Governor at 12:00 p.m.,                                                            
June 2, 2016:                                                                                                                   
                                                                                                                                
    HOUSE BILL NO. 290                                                                                                          
    "An Act extending the termination date of the Real Estate                                                                   
    Commission; and providing for an effective date."                                                                           
                                                                                                                                
HB 305                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 3:49 p.m.,                                                             
June 1, 2016:                                                                                                                   
                                                                                                                                
    CS FOR HOUSE BILL NO. 305(EDC)                                                                                              
    "An Act relating to an exemption from the regulation of                                                                     
    postsecondary educational institutions."                                                                                    
                                                                                                                                
HB 375                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 12:00 p.m.,                                                            
June 2, 2016:                                                                                                                   
                                                                                                                                
    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."                                                                                                            
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
Rule 23(d) of the Uniform Rules is in effect.                                                                                   
                                                                                                                                
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., June 4, 2016.  There being no                                                                    
objection, the House adjourned at 1:18 p.m.                                                                                     
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk