Legislature(2017 - 2018)
2018-05-12 House Journal
Full Journal pdf2018-05-12 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.