Legislature(2017 - 2018)
2018-04-27 House Journal
Full Journal pdf2018-04-27 House Journal Page 3457 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Friday April 27, 2018 One Hundred Second Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:39 a.m. Roll call showed 38 members present. Representative Rauscher had been excused from a call of the House today. Representative Tuck moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Knopp - from today to 1:30 p.m., April 30 The invocation was offered by the Chaplain, Student Rabbi Jeff Dreifus of Congregation Sukkat Shalom. Representative Ortiz moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer: In this week's Torah portion, which comes from the book of Leviticus, the Israelites receive the commandment, "You shall be holy, for I, your God, am holy." But how exactly do we fulfill that commandment, how do we be holy? The subsequent text provides an explanation. The next few verses lay out some of the laws for ritual sacrifice, which was the primary way ancient Israelites offered praise to the Divine. 2018-04-27 House Journal Page 3458 But following that, we get a commandment to take care of the poor and the stranger - to leave the corners of our fields and our fallen fruit so that they may come and eat. A few verses later - the commandment not to insult the deaf or place a stumbling block before the blind. Finally, these holy words, " yourself." In this week's Torah portion, we learn that in order to be holy, prayer and ritual are not enough. To be holy, we must care for the neediest people in our society. We must treat all people with dignity, and we must do unto others as we would have them do unto us. As we begin this day anew, let our work embody these ancient values, and may we continue to bring dignity to those we serve. Together let us say, Amen. The Pledge of Allegiance was led by Representative Josephson. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 101st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES SB 81 The Judiciary Committee considered: CS FOR SENATE BILL NO. 81(HSS) "An Act relating to criminal and civil history record checks and requirements; relating to licenses, certifications, appeals, and authorizations by the Department of Health and Social Services; relating to child protection information; and providing for an effective date." and recommends it be replaced with: 2018-04-27 House Journal Page 3459 HOUSE CS FOR CS FOR SENATE BILL NO. 81(JUD) (same title) The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (2): Stutes, Claman No recommendation (3): Kopp, Kreiss-Tomkins, Reinbold Amend (2): Eastman, LeDoux The following fiscal note(s) apply to HCS CSSB 81(JUD): 3. Zero, Dept. of Public Safety 4. Zero, Dept. of Health & Social Services CSSB 81(HSS) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Susan Olsen By Representatives Tarr, Josephson INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 412 HOUSE BILL NO. 412 by the House Transportation Committee, entitled: "An Act relating to the Alaska marine highway system; establishing the Alaska Marine Highway System Corporation; and providing for an effective date." was read the first time and referred to the Transportation Committee. 2018-04-27 House Journal Page 3460 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 202 The following was read the second time: SENATE BILL NO. 202 "An Act relating to the liability of a Native corporation for the release or threatened release of hazardous substances present on certain lands." with the: Journal Page JUD RPT HCS(JUD) 5DP 1NR 1AM 3162 FN1: ZERO(DEC) 3162 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 202(JUD) (same title) There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that HCS SB 202(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS SB 202(JUD) was read the third time. Representative Lincoln 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 Speaker stated that many members may have a perceived conflict of interest and ruled that all members were required to vote. The question being: "Shall HCS SB 202(JUD) pass the House?" The roll was taken with the following result: 2018-04-27 House Journal Page 3461 HCS SB 202(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Knopp, Rauscher And so, HCS SB 202(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 322 The following, which was advanced to third reading from the April 26 calendar (page 3443), was read the third time: CS FOR HOUSE BILL NO. 322(FIN) am "An Act relating to penalties for discharges of oil and other pollution violations; relating to oil spill response plans for commercial motor vehicles transporting crude oil; and providing for an effective date." The question being: "Shall CSHB 322(FIN) am pass the House?" The roll was taken with the following result: CSHB 322(FIN) am Third Reading Final Passage YEAS: 22 NAYS: 16 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky 2018-04-27 House Journal Page 3462 Nays: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Kopp, Millett, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson Excused: Knopp, Rauscher And so, CSHB 322(FIN) am passed the House. Representative Tuck moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 322(FIN) am Third Reading Effective Date YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Pruitt, Seaton, Spohnholz, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Birch, Chenault, Eastman, Johnson, Johnston, Kopp, Millett, Neuman, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson Excused: Knopp, Rauscher And so, lacking the required 27 votes, the effective date clause was not adopted, and the new title follows: CS FOR HOUSE BILL NO. 322(FIN) am(efd fld) "An Act relating to penalties for discharges of oil and other pollution violations; and relating to oil spill response plans for commercial motor vehicles transporting crude oil." Representative Millett gave notice of reconsideration of the vote on CSHB 322(FIN) am. The Speaker stated that, without objection, the House would recess until 3:00 p.m.; and so, the House recessed at 12:04 p.m. 2018-04-27 House Journal Page 3463 AFTER RECESS The Speaker called the House back to order at 3:14 p.m. THIRD READING OF HOUSE BILLS (continued) HB 384 The following, which was advanced to third reading from the April 26 calendar (page 3444), was read the third time: HOUSE BILL NO. 384 "An Act relating to the Regulatory Commission of Alaska and broadband Internet regulations." The question being: "Shall HB 384 pass the House?" The roll was taken with the following result: HB 384 Third Reading Final Passage YEAS: 20 NAYS: 17 EXCUSED: 2 ABSENT: 1 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lincoln, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Kopp, Millett, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Thompson, Tilton, Wilson Excused: Knopp, Rauscher Absent: Talerico And so, lacking the required 21 votes, HB 384 failed to pass the House. Representative Tuck later gave notice of reconsideration of the vote on HB 384(fld H), and reconsideration was taken up then. 2018-04-27 House Journal Page 3464 HOUSE BILLS IN THIRD READING HB 409 The following, which was held to today's calendar (page 3445), was before the House in third reading: 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." Representative Claman moved and asked unanimous consent that CSHB 409(FIN) be returned to second reading for the specific purpose of considering amendments. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Claman, Stutes, Kopp, Spohnholz, Drummond, LeDoux, Kawasaki, and Eastman: Page 2, line 28: Delete "$100" Insert "$10" Representative Claman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kreiss-Tomkins objected. Representative Kopp 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 Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 409(FIN) Second Reading Amendment No. 2 YEAS: 16 NAYS: 21 EXCUSED: 2 ABSENT: 1 2018-04-27 House Journal Page 3465 Yeas: Claman, Drummond, Eastman, Grenn, Johnson, Josephson, Kawasaki, Kopp, LeDoux, Neuman, Parish, Saddler, Spohnholz, Stutes, Sullivan-Leonard, Tarr Nays: Birch, Chenault, Edgmon, Foster, Gara, Guttenberg, Johnston, Kito, Kreiss-Tomkins, Lincoln, Millett, Ortiz, Pruitt, Reinbold, Seaton, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Knopp, Rauscher Absent: Talerico Josephson changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Claman, Drummond, Eastman, and Kawasaki: Page 2, line 27: Delete "$50[$10]" Insert "$10" Representative Claman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kreiss-Tomkins objected. Representative Tuck moved and asked unanimous consent that Representative Talerico be excused from a call of the House today. There being no objection, it was so ordered. **The presence of Representative Talerico was noted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 409(FIN) Second Reading Amendment No. 3 YEAS: 21 NAYS: 16 EXCUSED: 2 ABSENT: 1 2018-04-27 House Journal Page 3466 Yeas: Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Kawasaki, Kopp, LeDoux, Lincoln, Neuman, Ortiz, Parish, Saddler, Spohnholz, Sullivan-Leonard, Talerico, Tarr, Zulkosky Nays: Birch, Chenault, Edgmon, Johnston, Josephson, Kito, Kreiss-Tomkins, Millett, Pruitt, Reinbold, Seaton, Stutes, Thompson, Tilton, Wilson, Wool Excused: Knopp, Rauscher Absent: Tuck And so, Amendment No. 3 was adopted. Amendment No. 1 was not offered. CSHB 409(FIN) am was automatically in third reading. Representative LeDoux rose to a point of order. The Speaker cautioned the member to confine remarks to the bill before the House. The question being: "Shall CSHB 409(FIN) am pass the House?" The roll was taken with the following result: CSHB 409(FIN) am Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Pruitt, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wilson, Wool, Zulkosky Nays: Chenault, Eastman, Johnson, Kopp, Millett, Neuman, Parish, Reinbold, Saddler, Sullivan-Leonard, Tilton Excused: Knopp, Rauscher And so, CSHB 409(FIN) am passed the House. 2018-04-27 House Journal Page 3467 Representative Kreiss-Tomkins later gave notice of reconsideration of the vote on CSHB 409(FIN) am, and reconsideration was taken up then. RECONSIDERATION HB 384 Representative Tuck gave notice of reconsideration of the vote on HB 384(fld H) (page 3463). Representative Tuck moved and asked unanimous consent that reconsideration of HB 384(fld H) be taken up on the same day. There being no objection, it was so ordered. The following was before the House in third reading: HOUSE BILL NO. 384 "An Act relating to the Regulatory Commission of Alaska and broadband Internet regulations." The question to be reconsidered: "Shall HB 384 pass the House?" The roll was taken with the following result: HB 384 Third Reading Final Passage Reconsideration YEAS: 21 NAYS: 17 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Birch, Chenault, Eastman, Grenn, Johnson, Johnston, Kopp, Millett, Neuman, Pruitt, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Excused: Knopp, Rauscher And so, HB 384 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 2018-04-27 House Journal Page 3468 HB 409 Representative Kreiss-Tomkins gave notice of reconsideration of the vote on CSHB 409(FIN) am (page 3466). Representative Kreiss-Tomkins moved and asked unanimous consent that reconsideration of CSHB 409(FIN) am be taken up on the same day. There being no objection, it was so ordered. The following was before the House in third reading: CS FOR HOUSE BILL NO. 409(FIN) am "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 question to be reconsidered: "Shall CSHB 409(FIN) am pass the House?" The roll was taken with the following result: CSHB 409(FIN) am Third Reading Final Passage Reconsideration YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Pruitt, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wilson, Wool, Zulkosky Nays: Chenault, Eastman, Johnson, Kito, Kopp, Millett, Neuman, Parish, Reinbold, Saddler, Sullivan-Leonard, Tilton Excused: Knopp, Rauscher And so, CSHB 409(FIN) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. The House adjourned. 2018-04-27 House Journal Page 3469 THIRD READING OF SENATE BILLS SB 97 The following was not taken up this legislative day and will be on tomorrow's calendar: HOUSE CS FOR SENATE BILL NO. 97(FIN) "An Act relating to pension obligation bonds." SB 208 The following was not taken up this legislative day and will be on tomorrow's calendar: SENATE BILL NO. 208 "An Act establishing the month of March as Sobriety Awareness Month." LEGISLATIVE CITATIONS The following citations were not taken up today and will be on tomorrow's calendar: Honoring - Anchorage Museum's 50th Anniversary By Senators Costello, Begich; 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, Zulkosky Honoring - Alaska Aviation Museum's 30th Anniversary By Senator Costello; Representatives Foster, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, 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 2018-04-27 House Journal Page 3470 In Memoriam - Gary D. Drasky By Representatives Johnson, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, 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 In Memoriam - Thomas Peter Bluekens By Representatives Kawasaki, Edgmon, Birch, Chenault, Claman, Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, 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 In Memoriam - Leon Nicholas Merkes By Senator Micciche; Representatives Chenault, Edgmon, Birch, 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 UNFINISHED BUSINESS SB 202 Representatives Stutes, Kopp, Saddler, and Zulkosky added as cross sponsors to: HOUSE CS FOR SENATE BILL NO. 202(JUD) "An Act relating to the liability of a Native corporation for the release or threatened release of hazardous substances present on certain lands." ENGROSSMENT HB 384 HB 384 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2018-04-27 House Journal Page 3471 HB 409 CSHB 409(FIN) am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 202 HCS SB 202(JUD) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 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. ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn (page 3468). The House adjourned at 5:19 p.m. Crystaline Jones Chief Clerk