Legislature(2017 - 2018)

2018-05-12 House Journal

Full Journal pdf

2018-05-12                     House Journal                      Page 3774
SB 104                                                                                                                        
The following, which was moved to the bottom of the calendar (page                                                              
3758), was before the House in second reading:                                                                                  
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 104(FIN)                                                                               
     "An Act relating to the duties of the Department of Education and                                                          
     Early Development; relating to the duties of the state Board of                                                            
     Education and Early Development; relating to school curricula;                                                             
     and relating to a system for managing student information and                                                              
     records related to individualized education programs for children                                                          
     with disabilities."                                                                                                        
                                                                                                                                
Amendment No. 1 was not offered.                                                                                                
                                                                                                                                
Amendment No. 2 was offered  by Representatives Spohnholz,                                                                       
Drummond, Zulkosky, and Kawasaki:                                                                                               
                                                                                                                                
Page 1, line 3 (title amendment):                                                                                               
     Delete the first occurrence of "and"                                                                                     
                                                                                                                                
Page 1, line 4, following "disabilities":                                                                                     
     Insert "; establishing the marijuana education and treatment                                                             
fund; and relating to the duties of the Department of Health and                                                              
Social Services to administer a comprehensive marijuana use                                                                   
education and treatment program"                                                                                              
                                                                                                                                
                                                                                                                                

2018-05-12                     House Journal                      Page 3775
Page 9, following line 16:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 8. AS 43.61.010(d) is amended to read:                                                                                
         (d)  The legislature may use the annual estimated balance in                                                           
     the recidivism reduction fund to make appropriations to the                                                            
     Department of Corrections, the Department of Health and Social                                                             
     Services, or the Department of Public Safety for recidivism                                                                
     reduction programs.                                                                                                        
   * Sec. 9. AS 43.61.010 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (f)  The marijuana education and treatment fund is established                                                         
     in the general fund. In addition to the accounting under (c) of this                                                       
     section, the Department of Administration shall separately account                                                         
     for 25 percent of the tax collected under this section and deposit it                                                      
     into the marijuana education and treatment fund. The Department                                                            
     of Administration shall deposit interest earned on the fund into the                                                       
     general fund. Money in the fund does not lapse. The legislature                                                            
     may use the annual estimated balance in the fund to make                                                                   
     appropriations to the Department of Health and Social Services for                                                         
     the marijuana use education and treatment program established                                                              
     under AS 44.29.020(a)(17).                                                                                                 
   * Sec. 10. AS 44.29.020(a) is amended to read:                                                                             
         (a)  The Department of Health and Social Services shall                                                                
     administer the state programs of public health and social services,                                                        
     including                                                                                                                  
              (1)  maternal and child health services;                                                                          
              (2)  preventive medical services;                                                                                 
              (3)  public health nursing services;                                                                              
              (4)  nutrition services;                                                                                          
              (5)  health education;                                                                                            
              (6)  laboratories;                                                                                                
              (7)  mental health treatment and diagnosis;                                                                       
              (8)  management of state institutions, except for adult                                                           
     penal institutions;                                                                                                        
              (9)  medical facilities;                                                                                          
              (10)  adult public assistance;                                                                                    
              (11)  the Alaska temporary assistance program;                                                                
              (12)  child welfare services;                                                                                     
              (13)  general relief;                                                                                             
              (14)  a comprehensive smoking education, tobacco use                                                              

2018-05-12                     House Journal                      Page 3776
     prevention, and tobacco control program; to the maximum extent                                                             
     possible, the department shall administer the program required                                                             
     under this paragraph by grant to or contract with one or more                                                          
     organizations in the state; the department's program must include                                                          
                  (A)  a community-based tobacco use prevention and                                                             
         cessation component addressing the needs of youth and adults                                                           
         that includes use of cessation aids such as a nicotine patch or                                                        
         a nicotine gum tobacco substitute;                                                                                     
                  (B)  youth-based efforts that involve youth in the                                                            
           design and implementation of tobacco control efforts;                                                               
                  (C)  anti-tobacco counter-marketing targeting both                                                            
         youth and adult populations designed to communicate                                                                    
         messages to help prevent youth initiation of tobacco use,                                                              
         promote cessation among tobacco users, and educate the                                                                 
         public about the lethal effects of exposure to secondhand                                                              
         smoke;                                                                                                                 
                  (D)  tobacco use surveys of youth and adult                                                                   
         populations concerning knowledge, awareness, attitude, and                                                             
         use of tobacco products; and                                                                                           
                  (E)  an enforcement component;                                                                                
              (15)  the Alaska Pioneers' Home and the Alaska Veterans'                                                          
     Home;                                                                                                                      
              (16)  licensure and regulation of child care facilities;                                                      
              (17)  a comprehensive marijuana use education and                                                             
     treatment program; to the extent possible, the department                                                              
     shall administer the program required under this paragraph                                                             
     by grant to, or contract with, one or more organizations in the                                                        
     state; the department's program must include                                                                           
                  (A)  a community-based marijuana misuse                                                                   
         prevention component; the community-based component                                                                
            must provide for a youth services grant program to                                                             
                       (i)  reduce initiation and promote cessation of                                                      
              marijuana use by youth, reduce youth access to                                                                
              marijuana products, and reduce exposure of youth to                                                           
              impaired driving dangers related to marijuana use;                                                            
                       (ii)  provide recreational, educational, and                                                         
              character-building programs for youth outside school                                                          
              hours; and                                                                                                    
                       (iii)  address marijuana use prevention                                                              
              through outcome-based curricula, adult and peer                                                               

2018-05-12                     House Journal                      Page 3777
              mentoring, and opportunities for positive, prosocial                                                          
              leisure and recreational activities;                                                                          
                  (B)  marijuana public education designed to                                                               
         communicate messages to help prevent youth initiation of                                                           
         marijuana use, educate the public about the effects of                                                             
         marijuana use, and educate the public about marijuana                                                              
         laws;                                                                                                              
                  (C)  surveys of                                                                                           
                       (i)  youth and adult populations concerning                                                          
              knowledge, awareness, attitude, and use of marijuana                                                          
              products;                                                                                                     
                       (ii)  the need for trained professionals working                                                     
              in organizations described in this paragraph;                                                                 
                  (D)  the development of plans to address the need                                                         
         for trained professionals and to assist in implementing a                                                          
         training program for those professionals;                                                                          
                  (E)  monitoring of population health status related                                                       
         to the consequences of marijuana use; and                                                                          
                  (F)  substance abuse screening, brief intervention,                                                       
         and referral to treatment."                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Spohnholz moved and asked unanimous consent that                                                                 
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 104(FIN)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  30   NAYS:  6   EXCUSED:  0   ABSENT:  4                                                                               
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Edgmon, Foster, Gara, Guttenberg,                                                               
Johnson, Johnston, Josephson, Kawasaki, Kopp, LeDoux, Lincoln,                                                                  
Millett, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz,                                                                     
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                

2018-05-12                     House Journal                      Page 3778
Nays:  Eastman, Kreiss-Tomkins, Neuman, Rauscher, Reinbold, Stutes                                                              
                                                                                                                                
Absent:  Chenault, Grenn, Kito, Knopp                                                                                           
                                                                                                                                
And so, Amendment No. 2 was adopted, and the new title follows:                                                                 
                                                                                                                                
             HOUSE CS FOR CS FOR SENATE BILL NO. 104(FIN) am H                                                                 
     "An Act relating to the duties of the Department of Education and                                                          
     Early Development; relating to the duties of the state Board of                                                            
     Education and Early Development; relating to school curricula;                                                             
     relating to a system for managing student information and records                                                          
     related to individualized education programs for children with                                                             
     disabilities; establishing the marijuana education and treatment                                                           
     fund; and relating to the duties of the Department of Health and                                                           
     Social Services to administer a comprehensive marijuana use                                                                
     education and treatment program."                                                                                          
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 3 (title amendment):                                                                                               
     Delete the first occurrence of "and"                                                                                     
                                                                                                                                
Page 1, line 4, following "disabilities":                                                                                     
     Insert "; and providing for an effective date"                                                                           
                                                                                                                                
Page 9, following line 16:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 8. The uncodified law of the State of Alaska enacted in sec.                                                          
4, SCS HB 214(FIN), Thirtieth Alaska State Legislature, is amended                                                              
to read:                                                                                                                        
         Sec. 4. BREE'S LAW: THE BREE MOORE TEEN                                                                            
     DATING VIOLENCE AWARENESS AND PREVENTION                                                                                   
     PROGRAM. A program approved by the Department of                                                                           
     Education and Early Development under AS 14.30.356, as                                                                     
     amended by this Act, shall be known as Bree's Law: the Bree                                                            
     Moore Teen Dating Violence Awareness and Prevention                                                                        
     Program."                                                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                

2018-05-12                     House Journal                      Page 3779
Page 9, following line 19:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 11. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. Section 8 of this Act takes effect only                                                                
if sec. 4 of SCS HB 214(FIN) as passed by the Thirtieth Alaska State                                                            
Legislature is enacted into law.                                                                                                
   * Sec. 12. If sec. 8 of this Act takes effect under sec. 11 of this Act,                                                   
it takes effect on the effective date of sec. 4, SCS HB 214(FIN),                                                               
Thirtieth Alaska State Legislature."                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent to                                                                     
withdraw Amendment No. 3.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 3 (title amendment):                                                                                               
     Delete the first occurrence of "and"                                                                                     
                                                                                                                                
Page 1, line 4, following "disabilities":                                                                                     
     Insert "; and providing for an effective date"                                                                           
                                                                                                                                
Page 9, following line 16:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 8. The uncodified law of the State of Alaska enacted in sec.                                                          
4, SCS HB 214(FIN), Thirtieth Alaska State Legislature, is amended                                                              
to read:                                                                                                                        
         Sec. 4. BREE MOORE TEEN DATING VIOLENCE                                                                                
     AWARENESS AND PREVENTION PROGRAM, ALSO                                                                                 
     KNOWN AS BREE'S LAW. A program approved by the                                                                         
     Department of Education and Early Development under                                                                        
     AS 14.30.356, as amended by this Act, shall be known as the Bree                                                           
     Moore Teen Dating Violence Awareness and Prevention Program,                                                           
     also known as Bree's Law."                                                                                             
                                                                                                                                

2018-05-12                     House Journal                      Page 3780
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 9, following line 19:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 11. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. Section 8 of this Act takes effect only                                                                
if sec. 4 of SCS HB 214(FIN) as passed by the Thirtieth Alaska State                                                            
Legislature is enacted into law.                                                                                                
   * Sec. 12. If sec. 8 of this Act takes effect under sec. 11 of this Act,                                                   
it takes effect on the effective date of sec. 4, SCS HB 214(FIN),                                                               
Thirtieth Alaska State Legislature."                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Claman rose to a point of order, citing Mason's Manual                                                           
180, stating that the amendment was dilatory.                                                                                   
                                                                                                                                
The Speaker ruled Amendment No. 4 out of order.                                                                                 
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall the ruling of the Chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
HCS CSSB 104(FIN) am H                                                                                                          
Second Reading                                                                                                                  
Sustain Ruling of the Chair/Amendment No. 4                                                                                     
                                                                                                                                
YEAS:  29   NAYS:  9   EXCUSED:  0   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn,                                                                    
Guttenberg, Johnston, Josephson, Kito, Knopp, Kopp,                                                                             
Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Pruitt, Saddler,                                                                
Seaton, Spohnholz, Stutes, Sullivan-Leonard, Tarr, Thompson, Tuck,                                                              
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Chenault, Eastman, Millett, Neuman, Rauscher, Reinbold,                                                                  
Talerico, Tilton, Wilson                                                                                                        
                                                                                                                                

2018-05-12                     House Journal                      Page 3781
Absent:  Johnson, Kawasaki                                                                                                      
                                                                                                                                
And so, the motion passed.                                                                                                      
                                                                                                                                
Representative Tuck moved and asked unanimous consent that HCS                                                                  
CSSB 104(FIN) am H be considered engrossed, advanced to third                                                                   
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
HCS CSSB 104(FIN) am H was read the third time.                                                                                 
                                                                                                                                
Representative Saddler moved and asked unanimous consent to                                                                     
abstain from voting because of a conflict of interest.  Objection was                                                           
heard, and he was required to vote.                                                                                             
                                                                                                                                
The question being:  "Shall HCS CSSB 104(FIN) am H pass the                                                                     
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
HCS CSSB 104(FIN) am H                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  32   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara,                                                                 
Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito,                                                                
Kopp, Kreiss-Tomkins, Lincoln, Millett, Ortiz, Parish, Pruitt, Saddler,                                                         
Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wilson,                                                              
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Eastman, Knopp, LeDoux, Neuman, Rauscher, Reinbold,                                                                      
Sullivan-Leonard, Tilton                                                                                                        
                                                                                                                                
And so, HCS CSSB 104(FIN) am H passed the House and was                                                                         
referred to the Chief Clerk for engrossment.