Legislature(2017 - 2018)
2018-04-28 House Journal
Full Journal pdf2018-04-28 House Journal Page 3473 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Saturday April 28, 2018 One Hundred Third Day Pursuant to Uniform Rule 13 the House was called to order by Speaker Edgmon at 10:04 a.m. Roll call showed 33 members present. Representatives Knopp and Rauscher had been excused from a call of the House today. Representatives Guttenberg, Pruitt, and Tarr were absent and their presence was noted later. 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 Reinbold – today Representative Thompson – from today to 1:30 p.m., May 3 The invocation was offered by the Chaplain, Representative Tuck. 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: Dear Father God, You are the God of all creations, and we thank you that you have created us to your glory. We thank you for giving each one of us a special purpose in life. You are a creating God. 2018-04-28 House Journal Page 3474 You made the heavens and the earth and your work was good and we praise you. May we continue your good work through using our unique talents and abilities in the spirit of unity, as in one body, to help create your kingdom on earth as it is in heaven, and let it be filled with peace and enough for all. For all those who agree, we say, Amen. The Pledge of Allegiance was led by Representative Kawasaki. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 102nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 126 A message dated April 27 was read stating the Senate passed: CS FOR HOUSE BILL NO. 126(MLV) "An Act relating to workers' compensation benefits for members of the organized militia." CSHB 126(MLV) was referred to the Chief Clerk for enrollment. HB 279 A message dated April 27 was read stating the Senate passed: HOUSE BILL NO. 279 "An Act extending the termination date of the Real Estate Commission; and providing for an effective date." HB 279 was referred to the Chief Clerk for enrollment. HB 64 A message dated April 27 was read stating the Senate passed: 2018-04-28 House Journal Page 3475 CS FOR HOUSE BILL NO. 64(EDC) "An Act relating to the establishment of the Task Force on Reading Proficiency and Reading Instruction for All Students and on the Effects of Dyslexia on Some Students." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 64(EDC) "An Act relating to the establishment of the Legislative Task Force on Reading Proficiency and Dyslexia." (SCR 16 - title change resolution) CSHB 64(EDC) is under Unfinished Business. A message dated April 27 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 16 SENATE CONCURRENT RESOLUTION NO. 16 by the Senate Education Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 64, relating to the establishment of the Task Force on Reading Proficiency and Reading Instruction for All Students and on the Effects of Dyslexia on Some Students. was read the first time. **The presence of Representatives Guttenberg, Pruitt, and Tarr was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS SB 134 The following was read the second time: 2018-04-28 House Journal Page 3476 SENATE BILL NO. 134 "An Act relating to the appointment of guardians ad litem; relating to petitions and proceedings for termination of parental rights; and amending Rules 1 and 6, Alaska Adoption Rules." with the: Journal Page HSS RPT 6DP 1NR 3440 FN1: ZERO(DHS) 3440 Amendment No. 1 was not offered. Amendment No. 2 was offered by Representatives Wilson, LeDoux, Millett, and Eastman: Page 1, line 2, following "amending" (title amendment): Insert "Rule 90.3, Alaska Rules of Civil Procedure, and" Page 2, line 28, following "(e)": Insert "and (f)" Page 3, following line 8: Insert a new bill section to read: "* Sec. 6. AS 25.23.130 is amended by adding a new subsection to read: (f) A decree ordering termination of parental rights between a biological parent and a child on the grounds specified in AS 25.23.180(c)(2) does not relieve the biological parent of an obligation to pay child support unless the decree specifically provides for the termination of the obligation to pay child support. A child support obligation under this subsection does not entitle the obligor to contact or otherwise maintain a relationship with the child." Renumber the following bill sections accordingly. Page 7, line 29, following "AMENDMENTS.": Insert "(a) AS 25.23.130(f), enacted by sec. 6 of this Act, has the effect of amending Rule 90.3, Alaska Rules of Civil Procedure, by providing that a termination of parental rights under 2018-04-28 House Journal Page 3477 AS 25.23.180(c)(2), as amended by sec. 12 of this Act, does not relieve a biological parent of an obligation to pay child support. (b)" Page 7, lines 29 - 30: Delete "sec. 11" Insert "sec. 12" Page 7, line 30: Delete "sec. 16" Insert "sec. 17" Representative Wilson moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered, and the new title follows: SENATE BILL NO. 134 am H "An Act relating to the appointment of guardians ad litem; relating to petitions and proceedings for termination of parental rights; and amending Rule 90.3, Alaska Rules of Civil Procedure, and Rules 1 and 6, Alaska Adoption Rules." Representative Tuck moved and asked unanimous consent that SB 134 am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 134 am H was read the third time. The question being: "Shall SB 134 am H pass the House?" The roll was taken with the following result: SB 134 am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 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, Saddler, Seaton, Spohnholz, Stutes, 2018-04-28 House Journal Page 3478 Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Knopp, Rauscher, Reinbold, Thompson And so, SB 134 am H 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 court rule changes. There being no objection, it was so ordered. Representative Wilson later gave notice of reconsideration of the vote on SB 134 am H, and reconsideration was taken up then. THIRD READING OF SENATE BILLS SB 97 The following, which was not taken up on the April 27 calendar (page 3469), was read the third time: HOUSE CS FOR SENATE BILL NO. 97(FIN) "An Act relating to pension obligation bonds." Representative Seaton moved and asked unanimous consent that HCS SB 97(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Seaton: Page 6, line 4, following "bonds": Insert ", notes, commercial paper, or other obligations" Page 6, line 6, following "bonds": Insert ", notes, commercial paper, or other obligations" Page 6, line 10, following "bonds": Insert ", notes, commercial paper, or other obligations" Page 6, line 11, following "bonds": Insert ", notes, commercial paper, or other obligations" 2018-04-28 House Journal Page 3479 Page 6, line 17, following "addition": Insert "to" Page 7, line 26, following "bonds": Insert "or other obligations" Page 7, line 28, following "bonds": Insert "or other obligations" Page 7, line 31, following "bonds": Insert "or other obligations" Page 8, line 2, following "bonds": Insert "or other obligations" Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Eastman objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. HCS SB 97(FIN) am H was automatically in third reading. The question being: "Shall HCS SB 97(FIN) am H pass the House?" The roll was taken with the following result: HCS SB 97(FIN) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 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, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Knopp, Rauscher, Reinbold, Thompson 2018-04-28 House Journal Page 3480 And so, HCS SB 97(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. SB 208 The following, which was not taken up on the April 27 calendar (page 3469), was read the third time: SENATE BILL NO. 208 "An Act establishing the month of March as Sobriety Awareness Month." The question being: "Shall SB 208 pass the House?" The roll was taken with the following result: SB 208 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 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, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Knopp, Rauscher, Reinbold, Thompson And so, SB 208 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. SECOND READING OF SENATE RESOLUTIONS SCR 10 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 10(STA) Proclaiming 2019 to be the Year of Innovation in Alaska. 2018-04-28 House Journal Page 3481 with the: Journal Page STA RPT 5DP 2651 FN2: ZERO(LEG) 2651 L&C REFERRAL WAIVED 3422 The question being: "Shall CSSCR 10(STA) pass the House?" The roll was taken with the following result: CSSCR 10(STA) Second Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson, Wool, Zulkosky Nays: Eastman Excused: Knopp, Rauscher, Reinbold, Thompson And so, CSSCR 10(STA) passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. RECONSIDERATION SB 134 Representative Wilson gave notice of reconsideration of the vote on SB 134 am H (page 3477). Representative Wilson moved and asked unanimous consent that reconsideration of SB 134 am 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: SENATE BILL NO. 134 am H "An Act relating to the appointment of guardians ad litem; relating to petitions and proceedings for termination of parental rights; and 2018-04-28 House Journal Page 3482 amending Rule 90.3, Alaska Rules of Civil Procedure, and Rules 1 and 6, Alaska Adoption Rules." The question to be reconsidered: "Shall SB 134 am H pass the House?" The roll was taken with the following result: SB 134 Third Reading Final Passage Reconsideration YEAS: 36 NAYS: 0 EXCUSED: 4 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, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson, Wool, Zulkosky Excused: Knopp, Rauscher, Reinbold, Thompson And so, SB 134 am H passed the House on reconsideration. Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. SB 134 am H 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 - Susan Olsen By Representatives Tarr, Josephson, Edgmon, Birch, Chenault, Claman, Drummond, Foster, Gara, Grenn, Guttenberg, Johnston, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Tuck, Wool, Zulkosky 2018-04-28 House Journal Page 3483 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 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- 2018-04-28 House Journal Page 3484 Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky UNFINISHED BUSINESS SB 26 The Speaker appointed Representative Millett as alternate to the Conference Committee considering the following: HOUSE CS FOR CS FOR SENATE BILL NO. 26(FIN)(efd fld H) "An Act relating to an appropriation limit; relating to the budget responsibilities of the governor; relating to the Alaska permanent fund, the earnings of the Alaska permanent fund, and the earnings reserve account; relating to the mental health trust fund; relating to deposits into the dividend fund; and relating to the calculation and payment of permanent fund dividends." and CS FOR SENATE BILL NO. 26(FIN) "An Act relating to an appropriation limit; relating to the budget responsibilities of the governor; relating to the Alaska permanent fund, the earnings of the Alaska permanent fund, and the earnings reserve account; relating to the mental health trust fund; relating to deposits into the dividend fund; relating to the calculation and payment of permanent fund dividends; and providing for an effective date." (technical title change) HB 285 The Speaker appointed Representative Wilson as alternate to the Conference Committee considering the following: CS FOR HOUSE BILL NO. 285(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." 2018-04-28 House Journal Page 3485 and SENATE CS FOR CS FOR HOUSE BILL NO. 285(FIN) (same title) HB 286 The Speaker appointed Representative Wilson as alternate to the Conference Committee considering the following: CS FOR HOUSE BILL NO. 286(FIN) am(brf sup maj fld)(efd fld) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; and making supplemental appropriations." and SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making supplemental appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) CONCUR IN SENATE AMENDMENTS HCR 19 Representative Tuck moved and asked unanimous consent that the House consider the Senate message (page 3435) on the following: CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(CRA) am Urging Governor Bill Walker to issue an administrative order recognizing a linguistic emergency. and 2018-04-28 House Journal Page 3486 SCS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(RLS) am S Urging Governor Bill Walker to recognize a linguistic emergency. 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 CSHCR 19(RLS) am S Concur YEAS: 34 NAYS: 2 EXCUSED: 4 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, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tuck, Wool, Zulkosky Nays: Tilton, Wilson Excused: Knopp, Rauscher, Reinbold, Thompson And so, the House concurred in the Senate amendment, thus adopting SCS CSHCR 19(RLS) am S. The Chief Clerk notified the Senate. The bill was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HB 43 The following memorandum dated April 27 was received from Lora Brown, Enrolling Secretary, Division of Legal and Research Services, regarding: CS FOR HOUSE BILL NO. 43(JUD) "An Act relating to prescribing, dispensing, and administering an investigational drug, biological product, or device by physicians 2018-04-28 House Journal Page 3487 for patients who are terminally ill for the purpose of sustaining the patient's life; providing immunity related to manufacturing, distributing, or providing investigational drugs, biological products, or devices; and relating to licensed health care facility requirements." "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 43(JUD), which have been corrected in enrolling: Page 3, line 2, following the first occurrence of "provided": Insert "to the patient" Page 3, line 3: Delete "to the patient" Page 3, line 8, following the first occurrence of "provided": Insert "to the patient" Page 3, line 9: Delete "to the patient"" SCR 10 Representatives Millett, Josephson, and Kawasaki added as cross sponsors to: CS FOR SENATE CONCURRENT RESOLUTION NO. 10(STA) Proclaiming 2019 to be the Year of Innovation in Alaska. SB 134 Representatives Gara, Kawasaki, Josephson, Millett, and LeDoux added as cross sponsors to: SENATE BILL NO. 134 am H "An Act relating to the appointment of guardians ad litem; relating to petitions and proceedings for termination of parental rights; and amending Rule 90.3, Alaska Rules of Civil Procedure, and Rules 1 and 6, Alaska Adoption Rules." 2018-04-28 House Journal Page 3488 SB 208 Representatives Zulkosky, Tarr, Edgmon, Kawasaki, Millett, Drummond, LeDoux, Josephson, and Grenn added as cross sponsors to: SENATE BILL NO. 208 "An Act establishing the month of March as Sobriety Awareness Month." ENGROSSMENT HB 322 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration: 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." SB 97 HCS SB 97(FIN) am H was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 134 SB 134 am H was engrossed and signed by the Speaker and Chief Clerk. 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. There being no objection, the House adjourned at 11:08 a.m. Crystaline Jones Chief Clerk