Legislature(2017 - 2018)
2018-01-31 House Journal
Full Journal pdf2018-01-31 House Journal Page 2275 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday January 31, 2018 Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 11:16 a.m. Roll call showed 37 members present. There was one vacancy. Representative Tuck moved and asked unanimous consent that Representative Fansler be excused from a call of the House today and Representative Wilson be excused from a call of the House from today to 10:00 a.m., February 5. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Sister Marie Lucek of Cathedral of the Nativity. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Knowing that we do not all share the same religious beliefs, I offer this prayer in the words of the psalmist: God owns this planet and all its riches. The earth and every creature belong to God. God set the land on top of the seas and anchored it in the deep. Who is fit to climb God's mountain and stand in God's holy place? Whoever has integrity: not chasing shadows, not living lies. God will bless them. I ask this blessing on all gathered here today, gathered to work on behalf of all Alaskans. Amen. 2018-01-31 House Journal Page 2276 The Pledge of Allegiance was led by Representative Chenault. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 11th through 15th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Kopp introduced Victoriah Haakenson, Guest Page, from Anchorage. MESSAGES FROM THE GOVERNOR The following letter dated January 24 was read: "Dear Speaker Edgmon: Pursuant to my authority under Article II, Section 4 of the Alaska Constitution, I have appointed John Lincoln to fill the vacancy in the Alaska State House of Representatives, District 40. Subject to confirmation by the House Democrats, John Lincoln will hold this office for the remainder of the unexpired term for House District 40. Sincerely, /s/ Bill Walker Governor" A letter dated January 25 was read requesting legislative concurrence to fund the initial Finance Plan (as required by AS 26.23.020) for the 2017 North Slope Storm Disaster. The Finance Plan and accompanying letter were copied to the Finance Committee Co-chairs and are on file in the Chief Clerk's office. 2018-01-31 House Journal Page 2277 MESSAGES FROM THE SENATE A message dated January 29 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 by Senators Costello, Wielechowski, MacKinnon, Giessel, Bishop, Stedman, Stevens, von Imhof, Micciche, Hoffman, Gardner, Egan, Hughes, Begich, Coghill, Meyer, Wilson, and Kelly: Relating to awarding the Alaska Decoration of Honor to certain members of the military. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. COMMUNICATIONS The following were received: A letter dated January 17 was received from Craig Stowers, Chief Justice of the Alaska Supreme Court, stating that he nominated the following public member to serve on the Select Committee on Legislative Ethics pursuant to AS 24.60.130: Dennis "Skip" Cook The Speaker referred the appointment to the Judiciary Committee. Dept. of Administration Office of Administrative Hearings Fourteenth Annual Report January 31, 2018 (as required by AS 44.64.020) 2018-01-31 House Journal Page 2278 Dept. of Health & Social Services Annual Report FY 2017 http://dhss.alaska.gov/Documents/Publications/AnnualReport_2017.pdf (as required by AS 18.05.020) Dept. of Natural Resources Division of Oil and Gas 5-Year Program of Proposed Oil and Gas Lease Sales & Gas-Only Lease Sales January 30, 2018 (as required by AS 38.05.180) The following letter dated January 25 was read: "Dear Governor Walker: This letter affirms that on January 25, 2018, the members of the House of Representatives who are Democrats unanimously confirmed the Governor's appointment of John Agnaqluk Lincoln to fill the vacant seat in House District 40 on January 25, 2018. I sign this letter on behalf of Alaska House Democrats and other members of the Alaska House Majority Coalition. Sincerely, /s/ Bryce Edgmon Speaker of the House" OATH OF OFFICE The Speaker appointed Representatives Foster and Millett to escort John Lincoln to the rostrum. Speaker Edgmon administered the oath of office to John Lincoln. REPORTS OF STANDING COMMITTEES HB 180 The Labor & Commerce Committee considered: 2018-01-31 House Journal Page 2279 HOUSE BILL NO. 180 "An Act relating to money transmission and currency exchange businesses; relating to transmitting value that substitutes for money; relating to licensing requirements and registration through the Nationwide Multistate Licensing System and Registry; relating to surety bonding requirements; authorizing certain licensees to contract to use subdelegates for reloading funds on certain stored-value cards; relating to record retention, reporting requirements, and enforcement provisions; relating to exemptions; relating to money services Internet activities; relating to transmitting value and currency; and providing for an effective date." The report was signed by Representative Kito, Chair, with the following individual recommendations: Do pass (3): Stutes, Wool, Kito No recommendation (4): Sullivan-Leonard, Josephson, Birch, Knopp The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 180 was referred to the Judiciary Committee. HB 216 The Judiciary Committee considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216 "An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; relating to delinquent minors; and providing for an effective date." 2018-01-31 House Journal Page 2280 and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216(JUD) "An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; relating to contributions from dividends; relating to delinquent minors; and providing for an effective date." The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (5): Kopp, LeDoux, Millett, Kreiss-Tomkins, Claman Amend (1): Eastman The following fiscal note(s) apply to CSSSHB 216(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Health & Social Services 3. Zero, Dept. of Health & Social Services 4. Fiscal, Judiciary 5. Fiscal, Dept. of Corrections 6. Fiscal, Legislative Agency 7. Fiscal, Dept. of Revenue SSHB 216 was referred to the Finance Committee. HB 273 The Labor & Commerce Committee considered: HOUSE BILL NO. 273 "An Act extending the termination date of the Marijuana Control Board; and providing for an effective date." 2018-01-31 House Journal Page 2281 The report was signed by Representative Kito, Chair, with the following individual recommendations: Do pass (6): Sullivan-Leonard, Stutes, Wool, Birch, Knopp, Kito No recommendation (1): Josephson The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 273 was referred to the Finance Committee. HB 274 The Labor & Commerce Committee considered: HOUSE BILL NO. 274 "An Act extending the termination date of the Board of Psychologist and Psychological Associate Examiners; and providing for an effective date." The report was signed by Representative Kito, Chair, with the following individual recommendations: Do pass (7): Sullivan-Leonard, Stutes, Wool, Josephson, Birch, Knopp, Kito The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 274 was referred to the Finance Committee. HB 275 The Labor & Commerce Committee considered: HOUSE BILL NO. 275 "An Act extending the termination date of the Board of Massage Therapists; and providing for an effective date." 2018-01-31 House Journal Page 2282 The report was signed by Representative Kito, Chair, with the following individual recommendations: Do pass (5): Sullivan-Leonard, Stutes, Wool, Knopp, Kito No recommendation (2): Josephson, Birch The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 275 was referred to the Finance Committee. The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 12:03 p.m. AFTER RECESS The Speaker called the House back to order at 1:49 p.m. Representative Tuck moved and asked unanimous consent that Representative Reinbold be excused from a call of the House until 4:00 p.m., today. There being no objection, it was so ordered. REPORTS OF SPECIAL COMMITTEES A report of the Committee on Committees dated January 31 was read submitting amendments to the January 17, 2017, report (page 10). An additional report is on page 193. The amendments follow: Community & Regional Affairs: Lincoln replaced Westlake Resources: Lincoln replaced Westlake Rules: Millett added as alternate HR 1 House Special Committee on Arctic Policy, Economic Development, & Tourism: Lincoln replaced Westlake as Chair 2018-01-31 House Journal Page 2283 HR 2 House Special Committee on Energy: Lincoln replaced Westlake The report was signed by Representative Edgmon, Chair; and Representatives Foster, LeDoux, Seaton, Tuck, Millett, and Chenault. Representative Tuck moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Robert Dennis By Representative Claman In Memoriam - Sheela Lorene Grennan-Hull By Senator Wilson; Representative Sullivan-Leonard INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 316 HOUSE BILL NO. 316 by Representatives Drummond and Spohnholz, entitled: "An Act relating to the sealing of certain court records; restricting the publication of certain records of convictions on a publicly available website; relating to public records; and amending Rule 37.6, Alaska Rules of Administration." was read the first time and referred to the Judiciary and Finance Committees. HB 317 HOUSE BILL NO. 317 by the House Rules Committee by request of the Governor, entitled: 2018-01-31 House Journal Page 2284 "An Act amending requirements for qualifications to acquire or hold mining rights; amending rental rates for mining locations and leases; repealing annual labor requirements for mining locations; providing for waiver of a cure penalty for abandonment because of failure to properly record a statement of labor; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. The following fiscal note(s) apply: 1. Fiscal, Dept. of Natural Resources The Governor's transmittal letter dated January 26 follows: "Dear Speaker Edgmon: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to amendments to qualifications to acquire or hold mining rights and to annual rental rates for mining claims, leasehold location, prospecting site and mining lease. The bill would repeal State annual labor requirements for State and federal mining claims, as well as annual labor requirements for State mining leasehold locations. Administration of the annual labor requirements is costly to the Department of Natural Resources. Minor errors on affidavits may result in unintentional abandonment of a claim or leasehold location by the locator. Further, miners on State land are already able to avoid conducting labor by paying a fee in lieu of labor. Instead of requiring annual labor or payment in lieu of labor, the progressive rental rates for State mining locations and leases will be increased. This will ease administration of mining claims and also discourage individuals from holding claims without developing them. The bill also provides for a new requirement in order to be qualified to acquire or hold a mining right. A person or entity must be a "bona fide miner" in addition to the other requirements of AS 38.05.190. A "bona fide" miner is defined as one who locates or holds a mining 2018-01-31 House Journal Page 2285 claim or lease in good faith for purposes of mineral exploration and development and not for the prevention of mineral exploration or development. The bill also provides a method for the Department of Natural Resources to request affidavits stating that a miner is "bona fide." This provision provides additional assurance that mining locations and leases will be acquired and held in good faith. For State claims and leasehold locations, the bill would also provide a waiver of the penalty for cure of abandonment caused by a failure to properly record a statement of annual labor as required before the effective date of sections 8 and 9 of the bill. The bill contains a transition provision providing for authority for the Department of Natural Resources to adopt regulations necessary to implement the changes made by the bill, effective immediately. The rest of the bill is effective September 2, 2018, and an applicability provision makes it clear that for purposes of annual labor, the bill will be applicable to the labor year that otherwise would begin September 1, 2018. I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor" HB 318 HOUSE BILL NO. 318 by Representative Spohnholz, entitled: "An Act extending the termination date of the Board of Social Work Examiners; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 319 HOUSE BILL NO. 319 by Representative Josephson, entitled: 2018-01-31 House Journal Page 2286 "An Act relating to criminal background checks for marijuana establishment registrations and renewals; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. HB 320 HOUSE BILL NO. 320 by Representatives Neuman and Rauscher, entitled: "An Act relating to possession of deadly weapons by a person who is 18 years of age or older." was read the first time and referred to the State Affairs and Judiciary Committees. HB 321 HOUSE BILL NO. 321 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental appropriations and other appropriations; making an appropriation to capitalize a fund; amending appropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated January 29 follows: "Dear Speaker Edgmon: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill relating to supplemental appropriations for the State's operating and capital budgets for Fiscal Year 2018 (FY 2018). A limited number of requests that were not anticipated when the FY 2019 Governor's budget was submitted on December 15, 2017 are being submitted for your consideration. Capitalization of the Disaster Relief Fund, shortfalls in the Office of Children's Services, payments 2018-01-31 House Journal Page 2287 required to meet federal maintenance of effort, and Permanent Fund Corporation investment management fees constitute the largest portion of the supplemental request. While the supplemental items included in the December 15, 2017 budget primarily represent items that were knowingly underfunded at enactment of the FY2018 budget, the items included in this bill represent unexpected shortfalls in their respective programs. Two bargaining unit contracts for fiscal year 2018 have been negotiated and are included for legislative approval, however neither have a budgetary impact. A reduction to the State costs for the Alaska Reinsurance Program is included which reflects the transfer to the program made by Premera. Thank you for your consideration of this bill. Sincerely, /s/ Bill Walker Governor" HB 322 HOUSE BILL NO. 322 by the House Resources Committee, entitled: "An Act relating to penalties for discharges of oil and other pollution violations; relating to oil discharge prevention and contingency plans for commercial motor vehicles transporting crude oil; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Tuck moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 2018-01-31 House Journal Page 2288 Honoring - Bunnell Street Arts Center By Representatives Seaton, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss- Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool; Senator Stevens In Memoriam - Leslie Rae Isturis By Representatives Parish, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss- Tomkins, LeDoux, Millett, Neuman, Ortiz, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool; Senator Egan In Memoriam - Harmen Thomas "Herman" Beukers By Senator Stevens; Representatives Stutes, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Fansler, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool UNFINISHED BUSINESS Representative Tuck moved and asked unanimous consent, based on the recommendation of the Select Committee on Legislative Ethics in its report dated January 12, that the House remove Representative Eastman from the Select Committee on Legislative Ethics, pursuant to AS 24.60.130. Representative Tuck rose to a point of order citing AS 24.60.170. The Speaker acknowledged the point of order. Representative Tuck placed a call of the House. The Speaker stated the call was satisfied. 2018-01-31 House Journal Page 2289 Representative Eastman 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 the House remove Representative Eastman from the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Remove - Representative Eastman YEAS: 31 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wool Nays: Chenault, Eastman, Neuman, Rauscher, Sullivan-Leonard, Tilton Excused: Fansler, Reinbold, Wilson And so, the member was removed. Representative Tuck moved that the House confirm the appointment of Representative Sullivan-Leonard to the Select Committee on Legislative Ethics. The question being: "Shall the House confirm the appointment of Representative Sullivan-Leonard to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm - Representative Sullivan-Leonard YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wool 2018-01-31 House Journal Page 2290 Excused: Fansler, Reinbold, Wilson And so, the appointment was confirmed. The Chief Clerk notified the Senate. Representative Tuck moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Chenault - from 12:30 p.m., February 2 to 10:30 p.m., February 4 Representative Millett - from 8:00 a.m., February 2 to 10:00 a.m., February 5 Representative Talerico - from 6:00 a.m., February 1 to 10:00 p.m., February 4 Representative Thompson - from noon, February 2 to 10:30 a.m., February 5 SPECIAL ORDERS The House honored Pam Varni for her years of dedicated service as Executive Director of the Legislative Affairs Agency. UNFINISHED BUSINESS HB 213 Representatives Guttenberg and Gara added as cosponsors to: HOUSE BILL NO. 213 "An Act relating to the investment, appropriation, and administration of the public school trust fund." HB 277 Representative Kreiss-Tomkins added as a cosponsor to: HOUSE BILL NO. 277 "An Act relating to the regulation of broadband Internet; and making certain actions by broadband Internet service providers 2018-01-31 House Journal Page 2291 unlawful acts or practices under the Alaska Unfair Trade Practices and Consumer Protection Act." HB 301 Representatives Sullivan-Leonard and Knopp added as cosponsors to: HOUSE BILL NO. 301 "An Act relating to the renewal and transfer of ownership of a beverage dispensary license or restaurant or eating place license." SCR 14 Representatives Johnson, Millett, Kawasaki, and Tuck added as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 14 Relating to awarding the Alaska Decoration of Honor to certain members of the military. SB 93 Representative Kopp added as a cross sponsor to: SENATE BILL NO. 93 "An Act relating to security freezes on the credit reports or records of incapacitated persons and certain minors." ANNOUNCEMENTS House committee schedules are published under separate cover. The following meetings today were changed: Finance Committee CHANGED TO: 10 min. after adjournment Judiciary Committee CANCELED Labor & Commerce Committee CHANGED TO: after Resources Committee meeting Resources Committee CHANGED TO: after adjournment 2018-01-31 House Journal Page 2292 ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 2. There being no objection, the House adjourned at 2:50 p.m. Crystaline Jones Chief Clerk 2018-01-31 House Journal Page 2293 HOUSE JOURNAL INDEX HB 180 2278-2279 HB 213 2290 HB 216 2279-2280 HB 273 2280-2281 HB 274 2281 HB 275 2281-2282 HB 277 2290-2291 HB 301 2291 HB 316 2283 HB 317 2283-2285 HB 318 2285 HB 319 2285-2286 HB 320 2286 HB 321 2286-2287 HB 322 2287 HR 1 2282 HR 2 2283 SB 93 2291 SCR 14 2277, 2291