Legislature(2017 - 2018)
2018-02-23 House Journal
Full Journal pdf2018-02-23 House Journal Page 2519 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Friday February 23, 2018 Thirty-ninth Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:40 a.m. Roll call showed 36 members present. Representative Tilton had been excused from a call of the House today. There was one vacancy. 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 - today (amended from page 2511) Representative Johnson - from today to 11:00 a.m., February 26 The invocation was offered by the Chaplain, the Reverend Dr. Douglas Dye of Chapel by the Lake Presbyterian Church. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. I invite you to bow your heads as I pray. Great Creator God, the Psalmist declares, "Sing to the Lord a new song; for he has done marvelous things … Let the sea resound and everything in it … Let the rivers clap their hands, let the mountains sing together for joy. (Psalm 98:1, 7-8) 2018-02-23 House Journal Page 2520 So Heavenly Father, I thank you this amazing land - Alaska, which you have placed us in. I thank you for its teeming seas, its soaring mountains, its vast forests and tundra, for its breath-taking landscapes. For all of it, O God, I praise you. I also thank you for the people of this "last frontier". I thank you for the diverse ways you have created us. We live in isolated homesteads, villages, small towns, and cities. Each place offers unique opportunities and challenges. Help us, O God, to create safe and prosperous communities for the people of our beloved Alaska. Today, as these public servants gather to do the work of our state, help them to serve Alaska well. Remind them that they are stewards of an extraordinary place - beautiful and blessed beyond measure. Give them wisdom to govern well, grant them joy in their labors, empower them to work together to make Alaska a fair and just place for all. And, O God, grant them health and well-being. I pray these things in the name of my Lord, Jesus. Amen. The Pledge of Allegiance was led by Representative Johnston. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 37th and 38th legislative days and Senate and House Joint Journal Supplement No. 16 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Birch introduced his grandchildren, Mason and Ellie Birch, Guest Pages, from Anchorage. MESSAGES FROM THE GOVERNOR The following letter dated February 22 was read: 2018-02-23 House Journal Page 2521 "Dear Speaker Edgmon: Pursuant to my authority under Article II, Section 4 of the Alaska Constitution, I have appointed Tiffany Zulkosky to fill the vacancy in the Alaska State House, District 38. Subject to confirmation by the House Democrats, Tiffany Zulkosky will hold this office for the remainder of the unexpired term for House District 38. Sincerely, /s/ Bill Walker Governor" MESSAGES FROM THE SENATE HCR 16 A message dated February 21 was read stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 6, relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of "marijuana"; and clarifying that adding industrial hemp to food does not create an adulterated food product. HCR 16 was referred to the Chief Clerk for enrollment. SB 6 A message dated February 21 was read stating the Senate concurred in the House amendment to: CS FOR SENATE BILL NO. 6(JUD) "An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of 'marijuana'; and clarifying that adding industrial hemp to food does not create an adulterated food product." 2018-02-23 House Journal Page 2522 thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 6(FIN)(efd add H) "An Act relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of 'marijuana'; providing that cannabidiol oil is not included in the definition of 'hashish oil'; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date." (HCR 16 - title change resolution) A message dated February 21 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 125 CS FOR SENATE BILL NO. 125(CRA) by the Senate Community & Regional Affairs Committee, entitled: "An Act extending the expiration date of the authorization to finance and issue bonds through the Alaska Industrial Development and Export Authority for a liquefied natural gas production system and natural gas distribution system for an Interior energy project; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. COMMUNICATIONS The following letter dated February 23 was read: "Dear Governor Walker: 2018-02-23 House Journal Page 2523 This letter affirms that the members of the House of Representatives who are Democrats unanimously confirmed the Governor's appointment of Tiffany Zulkosky to fill the vacant seat in House District 38 on February 22, 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" REPORTS OF STANDING COMMITTEES The Judiciary Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: William Gordon as a member of the Bar, Board of Governors of the Alaska. Jeffrey Stubblefield as a member of the Violent Crimes Compensation Board. The reports were signed by Representative Claman, Chair; and Representatives Eastman, Kopp, Kreiss-Tomkins, Stutes, LeDoux, and Reinbold. The Judiciary Committee reviewed the qualifications of the following and recommends the appointment be forwarded to the House for ratification: Dennis "Skip" Cook as a member of the Select Committee on Legislative Ethics. 2018-02-23 House Journal Page 2524 The report was signed by Representative Claman, Chair; and Representatives Eastman, Kopp, Kreiss-Tomkins, Reinbold, and LeDoux. The State Affairs Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Leslie Ridle as Commissioner of the Department of Administration. The report was signed by Representative Kreiss-Tomkins, Chair; and Representatives Tuck, Birch, Knopp, LeDoux, and Johnson. HB 152 The State Affairs Committee considered: HOUSE BILL NO. 152 "An Act relating to the organized militia; and relating to the authority of the adjutant general." and recommends it be replaced with: CS FOR HOUSE BILL NO. 152(STA) (same title) The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (2): Tuck, Kreiss-Tomkins Do not pass (1): Knopp No recommendation (3): Birch, Wool, LeDoux The following fiscal note(s) apply to CSHB 152(STA): 2. Zero, Dept. of Military & Veterans' Affairs 2018-02-23 House Journal Page 2525 HB 152 was referred to the Rules Committee for placement on the calendar. HB 264 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 264 "An Act relating to a fee for disposable shopping bags; relating to the sale of reusable shopping bags; relating to the recycling of disposable shopping bags; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 264(CRA) (same title) The report was signed by Representative Parish, Co-chair, with the following individual recommendations: Do pass (1): Drummond Do not pass (2): Saddler, Talerico Amend (3): Lincoln, Kreiss-Tomkins (alternate), Parish The following fiscal note(s) apply to CSHB 264(CRA): 1. Fiscal, Dept. of Revenue HB 264 was referred to the Labor & Commerce Committee. HB 306 The Labor & Commerce Committee considered: HOUSE BILL NO. 306 "An Act relating to disbursement options under the Public Employees' Retirement System of Alaska and the Teachers' Retirement System of Alaska for participants in the defined contribution plan; and providing for an effective date." 2018-02-23 House Journal Page 2526 The report was signed by Representative Kito, Chair, with the following individual recommendations: Do pass (4): Sullivan-Leonard, Wool, Birch, Kito Do not pass (1): Knopp No recommendation (1): Josephson The following fiscal note(s) apply: 1. Zero, Dept. of Administration HB 306 was referred to the Finance Committee. HB 307 The Judiciary Committee considered: HOUSE BILL NO. 307 "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by a member of the organized militia; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 307(JUD) "An Act requiring a person who commits certain offenses under the code of military justice to register as a sex offender or child kidnapper; relating to the Servicemembers Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial punishment of members of the organized militia; relating to offenses subject to court-martial proceedings; and providing for an effective date." The report was signed by Representative Claman, Chair, with the following individual recommendations: 2018-02-23 House Journal Page 2527 Do pass (6): Kopp, Kreiss-Tomkins, Stutes (alternate), LeDoux, Reinbold, Claman No recommendation (1): Eastman The following fiscal note(s) apply to CSHB 307(JUD): 1. Zero, Dept. of Military & Veterans' Affairs 2. Zero, Dept. of Public Safety HB 307 was referred to the Rules Committee for placement on the calendar. HB 321 The Finance Committee considered: HOUSE BILL NO. 321 "An Act making supplemental appropriations and other appropriations; making an appropriation to capitalize a fund; amending appropriations; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 321(FIN) "An Act making supplemental appropriations, capital appropriations, and other appropriations; making appropriations to capitalize funds; amending appropriations; and providing for an effective date." The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Gara, Ortiz, Seaton, Foster No recommendation (3): Thompson, Guttenberg, Grenn Amend (4): Wilson, Kawasaki, Pruitt, Neuman (alternate) HB 321 was referred to the Rules Committee for placement on the calendar. 2018-02-23 House Journal Page 2528 INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - James D. Balamaci By Representative Millett The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Linda Lord-Jenkins By Representative Saddler Honoring - Colonel Suellyn Wright-Novak By Representative Saddler; Senator MacKinnon Honoring - Thomas Barrett By Representative Millett Honoring - Charles "Chuck" C.E. Robinson By Representatives Millett, Kito Honoring - Robert Penny By Representative Millett Honoring - Dimitri Philemonof By Representatives Millett, Edgmon; Senator Hoffman Honoring - Alaska Congressional Delegation on Opening ANWR By Representative Millett Honoring - Prudhoe Bay Oil Field Discovery, 50th Anniversary By Senator Giessel; Representatives Lincoln, Rauscher In Memoriam - Harold George Brown By Representative Sullivan-Leonard; Senator Meyer In Memoriam - Mildred Elizabeth Minnick By Representatives Sullivan-Leonard, Tilton 2018-02-23 House Journal Page 2529 In Memoriam - Marilyn Hahn Herreid By Representatives Guttenberg, Wool In Memoriam - Florence "Nuz" Doyle By Senator Olson; Representative Foster In Memoriam - Katherine Stettinger By Senator Olson; Representative Foster In Memoriam - Matthew Ryan Oliver By Senator Olson; Representative Foster In Memoriam - Howard Frederick "Qaqkigliulaq" Lincoln By Senator Olson; Representative Foster INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 397 HOUSE BILL NO. 397 by the House Finance Committee, entitled: "An Act relating to a surcharge on oil produced in the state; establishing the Arctic transportation and resource access fund; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 398 HOUSE BILL NO. 398 by the House Finance Committee, entitled: "An Act relating to the allocation and apportionment of income of a public utility for purposes of the Alaska Net Income Tax Act; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 399 HOUSE BILL NO. 399 by the House Finance Committee, entitled: 2018-02-23 House Journal Page 2530 "An Act disallowing a federal tax credit as a credit against the corporate net income tax; repealing a provision allowing the exclusion of certain royalties accrued or received from foreign corporations for purposes of the corporate net income tax; repealing the reduced rate for the alternative tax on capital gains for corporations; repealing an exemption from filing a return under the corporate net income tax for a corporation engaged in a contract under the Alaska Stranded Gas Development Act; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 302 The following was read the second time: HOUSE BILL NO. 302 "An Act extending the termination date of the Board of Professional Counselors; and providing for an effective date." with the: Journal Page L&C RPT 5DP 2399 FN1: (CED) 2399 FIN RPT 6DP 4NR 2418 FN1: (CED) 2418 Representative Tuck moved and asked unanimous consent that HB 302 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 302 will advance to third reading on the February 26 calendar. 2018-02-23 House Journal Page 2531 THIRD READING OF HOUSE BILLS HB 213 The Speaker stated that, without objection, the following, which was held to today's calendar (page 2508), would be held to the February 26 calendar: CS FOR HOUSE BILL NO. 213(FIN) "An Act relating to the investment, appropriation, and administration of the public school trust fund; and providing for an effective date." HB 298 The following, which was advanced to third reading from the February 21 calendar (page 2508), was read the third time: HOUSE BILL NO. 298 "An Act relating to the number of superior court judges in the first judicial district; and providing for an effective date." The question being: "Shall HB 298 pass the House?" The roll was taken with the following result: HB 298 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 0 VACANT: 1 Yeas: Birch, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Wilson, Wool Excused: Chenault, Johnson, Tilton And so, HB 298 passed the House. Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2018-02-23 House Journal Page 2532 HB 298 was referred to the Chief Clerk for engrossment. 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: In Memoriam - Ruth L. Nelson By Senator Coghill; Representatives Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss- Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan- Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool In Memoriam - Paul Leroy Newcomer By Senator Coghill; Representatives Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss- Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan- Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool In Memoriam - Myra Heaps By Senator Coghill; Representatives Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss- Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan- Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool UNFINISHED BUSINESS HB 90 Representative Kito moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 90 "An Act relating to occupational licensing fees; relating to an occupational investigation surcharge; and providing for an effective date." 2018-02-23 House Journal Page 2533 There being no objection, HB 90 was withdrawn. HB 50 Representative Kito moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 50 "An Act relating to the procurement of architectural, engineering, or land surveying services for state-funded contracts." There being no objection, HB 50 was withdrawn. 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 Neuman - from 1:00 p.m., today to 10:00 a.m., February 26 Representative Reinbold - from: noon, March 2 to 10:00 p.m., March 4 noon, March 23 to 10:00 a.m., March 26 Representative Saddler - from 3:30 a.m., February 26 to 9:30 a.m., March 1 SPECIAL ORDER OF BUSINESS Representative Tuck moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - James D. Balamaci, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - James D. Balamaci By Representatives Millett, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnston, 2018-02-23 House Journal Page 2534 Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Wilson, Wool UNFINISHED BUSINESS HJR 12 The following memorandum dated February 22 was received from Lora Brown, Enrolling Secretary, Division of Legal and Research Services, regarding: CS FOR HOUSE JOINT RESOLUTION NO. 12(FSH) Opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; and urging the United States Congress to enact legislation that requires prominently labeling genetically engineered salmon and salmon products with the words "Genetically Modified" on the product's packaging. "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHJR 12(FSH), which have been corrected in enrolling: Page 3, line 6, following the second occurrence of "the": Insert "Honorable Sonny Perdue," Page 3, line 6, following the third occurrence of "the": Insert "Honorable Scott Gottlieb, M.D.,"" HCR 25 Representative Foster added as a cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 25 Requesting the Governor to establish an office of outdoor access and recreation. HJR 27 Representatives Reinbold and Rauscher added as cosponsors to: 2018-02-23 House Journal Page 2535 HOUSE JOINT RESOLUTION NO. 27 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. HJR 38 Representatives Drummond, Birch, and Wilson added as cosponsors to: HOUSE JOINT RESOLUTION NO. 38 Relating to certain conveyances to the Alaska Railroad Corporation under the Alaska Railroad Transfer Act of 1982. HB 38 Representative Rauscher added as a cosponsor to: HOUSE BILL NO. 38 "An Act relating to the calculation and payment of workers' compensation benefits in the case of permanent partial impairment; relating to the calculation and payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse; relating to the calculation and payment of workers' compensation death benefits for an employee without a surviving spouse or child; relating to notice of workers' compensation death benefits; and providing for an effective date." HB 75 Representative Drummond added as a cosponsor to: HOUSE BILL NO. 75 "An Act relating to gun violence protective orders; relating to the crime of violating a protective order; relating to a central registry for protective orders; relating to the powers of district judges and magistrates; requiring physicians, psychologists, psychological associates, social workers, marital and family therapists, and licensed professional counselors to report annually threats of gun violence; and amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration." HB 83 Representative Kawasaki added as a cosponsor to: 2018-02-23 House Journal Page 2536 HOUSE BILL NO. 83 "An Act relating to new defined benefit tiers in the public employees' retirement system and the teachers' retirement system; providing certain employees an opportunity to choose between the defined benefit and defined contribution plans of the public employees' retirement system and the teachers' retirement system; and providing for an effective date." HB 217 Representative Kawasaki added as a cosponsor to: HOUSE BILL NO. 217 "An Act relating to the Alaska Food, Drug, and Cosmetic Act; relating to the sale of milk, milk products, raw milk, and raw milk products; and providing for an effective date." HB 310 Representative Rauscher added as a cosponsor to: HOUSE BILL NO. 310 "An Act relating to the minimum age of eligibility for marriage." HB 313 Representative Eastman added as a cosponsor to: HOUSE BILL NO. 313 "An Act relating to payments to providers and covered persons and recovery of payments by health care insurers." HB 316 Representative Spohnholz removed as a cosponsor to: HOUSE BILL NO. 316 "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." HB 395 Representative Kopp added as a cosponsor to: 2018-02-23 House Journal Page 2537 HOUSE BILL NO. 395 "An Act relating to participation of certain peace officers and firefighters in the defined benefit and defined contribution plans of the Public Employees' Retirement System of Alaska; relating to eligibility of peace officers and firefighters for medical benefits; and providing for an effective date." SB 125 Representative Kawasaki added as a cross sponsor to: CS FOR SENATE BILL NO. 125(CRA) "An Act extending the expiration date of the authorization to finance and issue bonds through the Alaska Industrial Development and Export Authority for a liquefied natural gas production system and natural gas distribution system for an Interior energy project; and providing for an effective date." ENGROSSMENT HB 298 HB 298 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ENGROSSMENT AND ENROLLMENT HR 6 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 4:41 p.m., February 21. HOUSE RESOLUTION NO. 6 am Urging the United States Department of the Interior to maintain three lease sales in the Chukchi Sea and Beaufort Sea Planning Areas and two lease sales in the Cook Inlet Planning Area and to remove certain potential lease sales. House Resolve No. 6 2018-02-23 House Journal Page 2538 ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 26. There being no objection, the House adjourned at 11:52 a.m. Crystaline Jones Chief Clerk