Legislature(2017 - 2018)
2018-04-18 House Journal
Full Journal pdf2018-04-18 House Journal Page 3347 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday April 18, 2018 Ninety-third Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:39 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Pastor Nathan Stearman of Seventh-Day Adventist Church. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. God, thank you for these representatives from all across our beautiful state. We are facing a time of great financial strain— accompanied by other weighty challenges. Please grant wisdom to these men and women here as they take up this great task with courage and determination. Amen. The Pledge of Allegiance was led by Representative Gara. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 92nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Tuck moved and asked unanimous consent that the notice and publication requirements be waived and the citations, In 2018-04-18 House Journal Page 3348 Memoriam - Karl Hanz Stoltze and Honoring - Heinrich "Henry" Springer, 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 citations. There being no objection, the following citations were approved and sent to enrolling: In Memoriam - Karl Hanz Stoltze By Representatives Tilton, Eastman, Johnson, Neuman, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Edgmon, Birch, Chenault, Claman, Drummond, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wilson, Wool, Zulkosky; Senator Costello Honoring - Heinrich "Henry" Springer By Representatives Birch, Edgmon, 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, Zulkosky; Senator Meyer MESSAGES FROM THE SENATE HCR 27 A message dated April 17 was read stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 152, establishing September 11 of each year as Patriot Day. HCR 27 was referred to the Chief Clerk for enrollment. HB 121 A message dated April 17 was read stating the Senate passed: 2018-04-18 House Journal Page 3349 HOUSE BILL NO. 121 "An Act relating to occupational safety and health enforcement penalties; and providing for an effective date." HB 121 was referred to the Chief Clerk for enrollment. HB 275 A message dated April 17 was read stating the Senate passed: CS FOR HOUSE BILL NO. 275(FIN) "An Act extending the termination date of the Board of Massage Therapists; relating to license renewal and criminal history record checks for massage therapists; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) "An Act extending the termination date of the Board of Massage Therapists; and providing for an effective date." (SCR 22 - title change resolution) CSHB 275(FIN) is under Unfinished Business. SB 152 A message dated April 17 was read stating the Senate concurred in the House amendment to: SENATE BILL NO. 152 "An Act establishing September 11 of each year as Patriot Day." thus adopting: HOUSE CS FOR SENATE BILL NO. 152(MLV) "An Act establishing September 11 of each year as Patriot Day; and establishing June 27 of each year as Post-Traumatic Stress Injury Awareness Day." (HCR 27 - title change resolution) 2018-04-18 House Journal Page 3350 SB 158 A message dated April 17 was read stating the Senate concurred in the House amendment to SB 158, thus adopting: SENATE BILL NO. 158 am H "An Act relating to oil and hazardous substances and waiver of cost recovery for containment and cleanup of certain releases; and providing for an effective date." A message dated April 17 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 by the Senate Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 275, extending the termination date of the Board of Massage Therapists; and relating to license renewal and criminal history record checks for massage therapists. was read the first time and taken up later as a Special Order of Business. REPORTS OF STANDING COMMITTEES HB 409 The Finance Committee considered: HOUSE BILL NO. 409 "An Act relating to identification cards; relating to vehicle registration fee rates; relating to changes of address; relating to driver's license fees; and relating to financial responsibility for motor vehicles." and recommends it be replaced with: 2018-04-18 House Journal Page 3351 CS FOR HOUSE BILL NO. 409(FIN) "An Act relating to identification cards; relating to permanent motor vehicle registration; relating to vehicle registration fee rates; relating to changes of address; relating to driver's license fees; and relating to financial responsibility for motor vehicles." The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Gara, Wilson, Thompson, Grenn, Seaton, Foster No recommendation (3): Guttenberg, Pruitt, Ortiz Amend (2): Kawasaki, Tilton The following fiscal note(s) apply to CSHB 409(FIN): 1. Fiscal, Dept. of Administration HB 409 was referred to the Rules Committee for placement on the calendar. SB 4 The Rules Committee considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4(FIN) am "An Act relating to the Board of Barbers and Hairdressers; relating to a limited license to practice non-chemical barbering; relating to a license to practice hair braiding; relating to the Department of Environmental Conservation; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 4(RLS) "An Act relating to the Board of Barbers and Hairdressers; relating to manicuring; relating to a limited license to practice non-chemical barbering; relating to a license to practice hair braiding; relating to tattooing; relating to permanent cosmetic 2018-04-18 House Journal Page 3352 coloring; relating to the Department of Environmental Conservation; relating to nonrenewal of occupational licenses for default on a student loan; and providing for an effective date." (HCR 26 – title change resolution) The report was signed by Representative LeDoux, Chair, with the following individual recommendations: Do pass (1): Claman Do not pass (1): Eastman No recommendation (5): Kito, Stutes, Chenault, Reinbold, LeDoux The following fiscal note(s) apply to HCS CSSSSB 4(RLS): 3. Zero, Dept. of Environmental Conservation 5. Fiscal, Dept. of Commerce, Community, & Economic Development CSSSSB 4(FIN) am was returned to the Rules Committee for placement on the calendar. SB 92 The Finance Committee considered: CS FOR SENATE BILL NO. 92(FIN) am "An Act relating to abandoned and derelict vessels; relating to the registration of vessels; relating to certificates of title for vessels; relating to the duties of the Department of Administration; relating to the duties of the Department of Natural Resources; establishing the derelict vessel prevention program; establishing the derelict vessel prevention program fund; relating to the authority of certain persons to enforce laws relating to derelict vessels; and providing for an effective date." and recommends it be replaced with: 2018-04-18 House Journal Page 3353 HOUSE CS FOR CS FOR SENATE BILL NO. 92(FIN) (same title) The report was signed by Representatives Seaton and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Gara, Thompson, Grenn, Seaton, Foster No recommendation (6): Wilson, Kawasaki, Ortiz, Pruitt, Guttenberg, Tilton The following fiscal note(s) apply to HCS CSSB 92(FIN): 3. Zero, Dept. of Environmental Conservation 4. Zero, Dept. of Natural Resources 7. Fiscal, Dept. of Administration 8. Fiscal, Dept. of Natural Resources/Fund Capitalization CSSB 92(FIN) am was referred to the Rules Committee for placement on the calendar. SB 196 The State Affairs Committee considered: CS FOR SENATE BILL NO. 196(FIN)(efd fld) "An Act relating to an appropriation limit; and relating to the budget responsibilities of the governor." The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (4): Birch, Knopp, Johnson, LeDoux No recommendation (2): Tuck, Kreiss-Tomkins The following fiscal note(s) apply: 1. Zero, Office of the Governor/Various Depts. CSSB 196(FIN)(efd fld) was referred to the Finance Committee. 2018-04-18 House Journal Page 3354 SB 199 The Transportation Committee considered: SENATE BILL NO. 199 am "An Act relating to the use of off-road vehicles within the James Dalton Highway corridor." The report was signed by Representatives Wool and Stutes, Co-chairs, with the following individual recommendations: Do pass (7): Sullivan-Leonard, Neuman, Claman, Kopp, Drummond, Wool, Stutes The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities SB 199 am was referred to the Rules Committee for placement on the calendar. SB 204 The State Affairs Committee considered: SENATE BILL NO. 204 "An Act relating to special registration plates for vehicles owned by veterans with disabilities." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 204(STA) "An Act relating to a veteran's designation on an identification card or a driver's license for Hmong veterans and Lao veterans; relating to registration plates celebrating the arts; and relating to special registration plates for vehicles owned by veterans with disabilities." (pending title change resolution) The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: 2018-04-18 House Journal Page 3355 Do pass (7): Tuck, Birch, Knopp, Wool, LeDoux, Johnson, Kreiss- Tomkins The following fiscal note(s) apply to HCS SB 204(STA): 1. Zero, Dept. of Administration SB 204 was referred to the Rules Committee for placement on the calendar. SB 208 The Health & Social Services Committee considered: SENATE BILL NO. 208 "An Act establishing the month of March as Sobriety Awareness Month." The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (5): Johnston, Tarr, Zulkosky, Kito, Spohnholz The following fiscal note(s) apply: 1. Zero, Legislative Agency SB 208 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and taken up as a Special Order of Business: Honoring - Heinrich "Henry" Springer By Representative Birch; Senator Meyer In Memoriam - Karl Hanz Stoltze By Representatives Tilton, Eastman, Johnson, Neuman, Rauscher, Reinbold, Saddler, Sullivan-Leonard; Senator Costello 2018-04-18 House Journal Page 3356 The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Ketchikan Police Department By Representative Ortiz; Senator Stedman CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS SB 37 The following, which was advanced to third reading from the April 17 calendar (page 3342), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 37(RLS) "An Act relating to the Board of Pharmacy; relating to the licensing of certain entities and inspection of certain facilities located outside the state; relating to drug supply chain security; creating a position of executive administrator for the Board of Pharmacy; reducing the membership of the Alaska Commercial Fisheries Entry Commission to two individuals; relating to the duties of the commissioner serving as chair of the commission; providing that a single commissioner may exercise all powers and duties of the commission if there is a vacancy on the commission; providing for commissioner compensation; relating to tie votes of the commission; and providing for an effective date." The Speaker stated that, without objection, HCS CSSB 37(RLS) would be held to the April 20 calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 38 The following was read the second time: HOUSE JOINT RESOLUTION NO. 38 Relating to certain conveyances to the Alaska Railroad Corporation under the Alaska Railroad Transfer Act of 1982. 2018-04-18 House Journal Page 3357 with the: Journal Page STA RPT 1DP 4NR 2649 FN1: ZERO(LEG) 2649 JUD RPT 3DP 1DNP 1NR 3276 FN1: ZERO(LEG) 3277 Representative Tuck moved and asked unanimous consent that HJR 38 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HJR 30 will advance to third reading on the April 20 calendar. LEGISLATIVE CITATIONS Representative Tuck moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Anji Gallanos By Representatives Drummond, Spohnholz, Edgmon, Birch, Chenault, Claman, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky CONCUR IN SENATE AMENDMENTS HB 275 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3349) on the following: CS FOR HOUSE BILL NO. 275(FIN) "An Act extending the termination date of the Board of Massage Therapists; relating to license renewal and criminal history record checks for massage therapists; and providing for an effective date." 2018-04-18 House Journal Page 3358 and SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) "An Act extending the termination date of the Board of Massage Therapists; and providing for an effective date." (SCR 22 - title change resolution) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS CSHB 275(FIN) Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, 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, Tilton, Tuck, Wilson, Wool, Zulkosky Nays: Eastman And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 275(FIN). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. 2018-04-18 House Journal Page 3359 SPECIAL ORDER OF BUSINESS SCR 22 Representative Tuck moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 22 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 275, extending the termination date of the Board of Massage Therapists; and relating to license renewal and criminal history record checks for massage therapists. There being no objection, it was so ordered. The question being: "Shall SCR 22 pass the House?" The roll was taken with the following result: SCR 22 Special Order of Business YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Nays: Eastman, Sullivan-Leonard And so, SCR 22 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 287 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3299) on the following: 2018-04-18 House Journal Page 3360 HOUSE BILL NO. 287(brf sup maj fld) "An Act making appropriations for public education and transportation of students; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 287(FIN) (same title) There being no objection, it was so ordered. Representative Tuck moved that the House concur in the Senate amendment and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment?" The roll was taken with the following result: SCS HB 287(FIN) Concur YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Johnson, Neuman, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Tilton, Wilson And so, the House concurred in the Senate amendment, thus adopting SCS HB 287(FIN). 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. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. 2018-04-18 House Journal Page 3361 UNFINISHED BUSINESS 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 11:30 a.m., April 20 to 10:30 a.m., April 23 Representative Lincoln – from 3:30 p.m. to 5:30 p.m., April 19 SENSE OF THE HOUSE The following Sense of the House was offered by Representative Eastman: "It is the sense of the House that, under no circumstances, should controversial legislation, such as Senate Bill 26 (Recalculation of the Permanent Fund Dividend), be passed during a legislative session held on or after May 10, 2018, as permitting the legislature to remain in session until that late date would deprive the people of their right to a referendum under the Constitution of the State of Alaska until the next statewide election held in August of 2020." Representative Eastman moved that the Sense of the House be adopted. There was objection. Representative Tuck moved and asked unanimous consent that the Sense of the House be referred to the Community & Regional Affairs and State Affairs Committees. There was objection. The question being: "Shall the Sense of the House be referred to the Community & Regional Affairs and State Affairs Committees?" The roll was taken with the following result: 2018-04-18 House Journal Page 3362 Sense of the House Refer to the CRA and STA Committees YEAS: 28 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt, Saddler, Seaton, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Chenault, Eastman, Johnson, Knopp, Neuman, Rauscher, Reinbold, Sullivan-Leonard, Talerico, Tilton, Wilson Absent: Spohnholz And so, the Sense of the House was referred to the Community & Regional Affairs and State Affairs Committees. UNFINISHED BUSINESS SB 78 The Finance Committee submitted the following corrected fiscal note to replace a note by the House Finance Committee and Dept. of Revenue, published on April 17 (page 3339): 7. Fiscal, House Finance Committee/Dept. of Revenue for HOUSE CS FOR CS FOR SENATE BILL NO. 78(FIN) "An Act creating the education endowment fund and the dividend raffle fund; authorizing donations from the permanent fund dividend for educational purposes and to enter the permanent fund dividend raffle; relating to transfers from the dividend raffle fund and the education endowment fund; relating to the duties of the Department of Revenue; relating to the definition of 'gambling'; and providing for an effective date." CSSB 78(FIN) is in the Rules Committee. HB 263 Representative Knopp, citing Uniform Rule 27(b), moved and asked unanimous consent to withdraw the following: 2018-04-18 House Journal Page 3363 HOUSE BILL NO. 263 "An Act exempting certain water taxi operators from regulation as transportation services by the Big Game Commercial Services Board; and providing for an effective date. There being no objection, HB 263 was withdrawn. HJR 38 Representatives Kito and Saddler 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 287 Representative Millett added as a cosponsor to: SENATE CS FOR HOUSE BILL NO. 287(FIN) "An Act making appropriations for public education and transportation of students; and providing for an effective date." HB 311 Representative Eastman added as a cosponsor to: HOUSE BILL NO. 311 "An Act relating to criminal law and procedure; relating to controlled substances; relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to the Violent Crimes Compensation Board; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violating municipal ordinances; relating to parole; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver's license; relating to the duties of the commissioner of corrections; relating to the duties of the Department of Health and Social Services; relating to civil in rem forfeiture actions; providing for an effective date by repealing sec. 193, ch. 36, SLA 2016, sec. 79, ch. 1, 4SSLA 2017, sec. 81, ch. 1, 4SSLA 2017, and sec. 83, ch. 1, 4SSLA 2017; and providing for an effective date." 2018-04-18 House Journal Page 3364 SB 80 Representative Sullivan-Leonard added as a cross sponsor to: CS FOR SENATE BILL NO. 80(L&C) "An Act relating to telecommunications services for certain disabled subscribers; and providing for an effective date." ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 13. House committee schedules are published under separate cover. The following meeting today was changed: Labor & Commerce Committee CANCELED ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 20. The House adjourned at 11:32 a.m. Crystaline Jones Chief Clerk