Legislature(2017 - 2018)

2018-05-07 House Journal

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2018-05-07                     House Journal                      Page 3587
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                         THIRTIETH LEGISLATURE                                                                               
                                                                                                                                
                            SECOND SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Monday                    May 7, 2018                                                         
                                                                                                                                
                        One Hundred Twelfth Day                                                                            
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Edgmon at 11:13 a.m.                                                                                                            
                                                                                                                                
Roll call showed 37 members present.                                                                                            
                                                                                                                                
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 Knopp - from today to 8:00 a.m., May 9                                                                           
                                                                                                                                
Representative Drummond - today                                                                                                 
                                                                                                                                
Representative Reinbold - today                                                                                                 
                                                                                                                                
The invocation was offered by the Chaplain, Representative Johnson.                                                             
Representative Ortiz moved and asked unanimous consent that the                                                                 
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    Holy and merciful God, we come before you this morning,                                                                     
    taking time to breathe in the grace and the bountiful love you                                                              
    lavish upon us through so many ways we take for granted: the                                                                
    birds, the mountains, the array of colors of spring, and, in this                                                           
    place we acknowledge the trust of a state, constituents across                                                              
    Alaska who find hope in the representation they have in this                                                                
    Chamber, and the empowerment their hope gives to us, their                                                                  

2018-05-07                     House Journal                      Page 3588
    representatives to fulfill the call you, O God, have placed                                                                 
    upon our lives. Give us ears to hear, eyes to see, and hearts to                                                            
    feel your loving presence and guidance as we work to serve                                                                  
    others. Lord, you are the giver of dreams and the author of                                                                 
    real hope. In this moment we pray for peace and comfort at                                                                  
    this session's end and to be with our families and communities                                                              
    as we look forward to our return home. Help us to be agents                                                                 
    of peace and empowerment, justice and mercy, freedom and                                                                    
    dreams, for this we pray in your name. Amen.                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Millett.                                                                     
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 109th, 110th, and 111th legislative days be approved as                                                         
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                      MESSAGES FROM THE GOVERNOR                                                                             
                                                                                                                                
HB 168                                                                                                                        
A message dated May 3 was read stating the Governor signed the                                                                  
following bill and is transmitting the engrossed and enrolled copies to                                                         
the Lieutenant Governor's office for permanent filing:                                                                          
                                                                                                                                
    HOUSE BILL NO. 168                                                                                                          
    "An Act relating to regulation notice and review by the legislature;                                                        
    and relating to the Administrative Regulation Review                                                                        
    Committee."                                                                                                                 
                                                                                                                                
    Chapter No. 7, SLA 2018                                                                                                     
    Effective Date:  August 1, 2018                                                                                             
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 119                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 119                                                                                                          
    "An Act relating to the dividends from the Alaska Industrial                                                                
    Development and Export Authority; relating to the meaning of                                                                

2018-05-07                     House Journal                      Page 3589
    'mark-to-market fair value,' 'net income,' 'project or development,'                                                        
    and 'unrestricted net income' for purposes of the Alaska Industrial                                                         
    Development and Export Authority; and providing for an effective                                                            
    date."                                                                                                                      
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 119(FIN)                                                                                              
    "An Act relating to a mandatory exemption from municipal                                                                    
    property taxes for certain assets of the Alaska Industrial                                                                  
    Development and Export Authority; relating to dividends from the                                                            
    Alaska Industrial Development and Export Authority; relating to                                                             
    the meanings of 'mark-to-market fair value,' 'net income,' 'project                                                         
    or development,' and 'unrestricted net income' for purposes of the                                                          
    Alaska Industrial Development and Export Authority; and                                                                     
    providing for an effective date."                                                                                           
                                                                                                                                
The report was signed by Representatives Seaton and Foster, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Gara, Pruitt, Stutes (alternate), Ortiz, Foster                                                                   
                                                                                                                                
No recommendation (1):  Guttenberg                                                                                              
                                                                                                                                
Amend (5):  Wilson, Kawasaki, Tilton, Thompson, Seaton                                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 119(FIN):                                                                            
                                                                                                                                
2. Zero, Dept. of Commerce, Community, & Economic                                                                               
 Development                                                                                                                    
3. Zero, Dept. of Education & Early Development                                                                                 
4. Fiscal, Dept. of Education & Early Development/Fund                                                                          
 Capitalization                                                                                                                 
                                                                                                                                
HB 119 is on today's calendar.                                                                                                  
                                                                                                                                
SB 64                                                                                                                         
The Rules Committee considered:                                                                                                 
                                                                                                                                
                                                                                                                                

2018-05-07                     House Journal                      Page 3590
    SENATE BILL NO. 64                                                                                                          
    "An Act adopting the Uniform Environmental Covenants Act;                                                                   
    relating to environmental real property covenants and notices of                                                            
    activity and use limitation at contaminated sites to ensure the                                                             
    protection of human health, safety, and welfare, and the                                                                    
    environment; and providing for an effective date."                                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    HOUSE CS FOR SENATE BILL NO. 64(RLS)                                                                                        
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative LeDoux, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Claman, Stutes                                                                                                    
                                                                                                                                
No recommendation (5):  Chenault, Kito, Millett (alternate), Eastman,                                                           
LeDoux                                                                                                                          
                                                                                                                                
The following fiscal note(s) apply to HCS SB 64(RLS):                                                                           
                                                                                                                                
3.  Zero, Dept. of Environmental Conservation                                                                                   
4.  Zero, Dept. of Natural Resources                                                                                            
                                                                                                                                
SB 64 is on today's calendar.                                                                                                   
                                                                                                                                
SB 76                                                                                                                         
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                                               
    76(FIN)                                                                                                                     
    "An Act relating to alcoholic beverages; relating to the regulation                                                         
    of manufacturers, wholesalers, retailers, and common carriers of                                                            
    alcoholic beverages; relating to licenses, endorsements, and                                                                
    permits involving alcoholic beverages; relating to the Alcoholic                                                            
    Beverage Control Board; relating to offenses involving alcoholic                                                            
    beverages; amending Rule 17(h), Alaska Rules of Minor Offense                                                               
    Procedure; and providing for an effective date."                                                                            
                                                                                                                                

2018-05-07                     House Journal                      Page 3591
and recommends it be replaced with:                                                                                             
                                                                                                                                
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 76(L&C)                                                                          
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Kito, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Birch, Kito                                                                                                       
                                                                                                                                
Amend (4):  Stutes, Wool, Josephson, Knopp                                                                                      
                                                                                                                                
The following fiscal note(s) apply to HCS CSSSSB 76(L&C):                                                                       
                                                                                                                                
2. Zero, Dept. of Health & Social Services                                                                                      
3. Fiscal, Dept. of Commerce, Community, & Economic                                                                             
 Development                                                                                                                    
4. Indeterminate, Dept. of Revenue                                                                                              
                                                                                                                                
CSSSSB 76(FIN) was referred to the Finance Committee.                                                                           
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
In Memoriam - Suzanne King                                                                                                      
By Representatives Stutes, LeDoux; Senators Stevens, Meyer                                                                      
                                                                                                                                
In Memoriam - Clinton S. Rosales                                                                                                
By Representatives Stutes, LeDoux; Senators Stevens, Meyer                                                                      
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 119                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
                                                                                                                                

2018-05-07                     House Journal                      Page 3592
    HOUSE BILL NO. 119                                                                                                          
    "An Act relating to the dividends from the Alaska Industrial                                                                
    Development and Export Authority; relating to the meaning of                                                                
    'mark-to-market fair value,' 'net income,' 'project or development,'                                                        
    and 'unrestricted net income' for purposes of the Alaska Industrial                                                         
    Development and Export Authority; and providing for an effective                                                            
    date."                                                                                                                      
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 L&C RPT 6DP 1NR                                                    723                                                         
 FN1: ZERO(CED)                                                     723                                                         
 FIN RPT CS(FIN) NT 5DP 1NR 5AM                                   3588                                                          
 FN2: ZERO(CED)                                                   3589                                                          
 FN3: ZERO(EED)                                                   3589                                                          
 FN4: (EED/FUND CAP)                                              3589                                                          
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 119(FIN)                                                                                              
    "An Act relating to a mandatory exemption from municipal                                                                    
    property taxes for certain assets of the Alaska Industrial                                                                  
    Development and Export Authority; relating to dividends from the                                                            
    Alaska Industrial Development and Export Authority; relating to                                                             
    the meanings of 'mark-to-market fair value,' 'net income,' 'project                                                         
    or development,' and 'unrestricted net income' for purposes of the                                                          
    Alaska Industrial Development and Export Authority; and                                                                     
    providing for an effective date."                                                                                           
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that CSHB
119(FIN) be considered engrossed, advanced to third reading, and                                                                
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 119(FIN) will advance to third reading on tomorrow's calendar.                                                             
                                                                                                                                

2018-05-07                     House Journal                      Page 3593
                    SECOND READING OF SENATE BILLS                                                                           
                                                                                                                                
SB 64                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    SENATE BILL NO. 64                                                                                                          
    "An Act adopting the Uniform Environmental Covenants Act;                                                                   
    relating to environmental real property covenants and notices of                                                            
    activity and use limitation at contaminated sites to ensure the                                                             
    protection of human health, safety, and welfare, and the                                                                    
    environment; and providing for an effective date."                                                                          
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 CRA RPT 4DP 1NR                                                  1079                                                          
 FN1: ZERO(DEC)                                                   1079                                                          
 FN2: ZERO(DNR)                                                   1079                                                          
 L&C RPT HCS(L&C) 2DP 5NR                                         2338                                                          
 FN3: ZERO(DEC)                                                   2339                                                          
 FN4: ZERO(DNR)                                                   2339                                                          
 RLS RPT HCS(RLS) 2DP 5NR                                         3589                                                          
 FN3: ZERO(DEC)                                                   3590                                                          
 FN4: ZERO(DNR)                                                   3590                                                          
                                                                                                                                
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. 64(RLS)                                                                                        
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that SB 64                                                                
be considered engrossed, advanced to third reading, and placed on                                                               
final passage.                                                                                                                  
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HCS SB 64(RLS) will advance to third reading on tomorrow's                                                                      
calendar.                                                                                                                       

2018-05-07                     House Journal                      Page 3594
                         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 - Nigel Sharp                                                                                                          
By Representatives Johnston, Edgmon, Birch, Chenault, Claman,                                                                   
Drummond, Eastman, Foster, Gara, Grenn, Guttenberg, Johnson,                                                                    
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 Von Imhof                                                               
                                                                                                                                
                      CONCUR IN SENATE AMENDMENTS                                                                            
                                                                                                                                
HB 31                                                                                                                         
Representative Tuck moved and asked unanimous consent that the                                                                  
House consider the Senate message (page 3511) on the following:                                                                 
                                                                                                                                
    CS FOR HOUSE BILL NO. 31(FIN)                                                                                               
    "An Act relating to law enforcement training in domestic violence                                                           
    and sexual assault; relating to sexual assault investigation                                                                
    protocols; requiring an inventory and reports on untested sexual                                                            
    assault examination kits; and providing for an effective date."                                                            
                                                                                                                                
and                                                                                                                             
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 31(STA)                                                                                 
    (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:                                                                      
                                                                                                                                

2018-05-07                     House Journal                      Page 3595
SCS CSHB 31(STA)                                                                                                                
Concur                                                                                                                          
                                                                                                                                
YEAS:  36   NAYS:  1   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Edgmon, Foster, Gara, Grenn,                                                                    
Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp,                                                                 
Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish,                                                                
Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes,                                                                           
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Drummond, Knopp, Reinbold                                                                                             
                                                                                                                                
And so, the House concurred in the Senate amendment, thus adopting                                                              
SCS CSHB 31(STA).                                                                                                               
                                                                                                                                
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.                                                                        
                                                                                                                                
HB 3                                                                                                                          
Representative Tuck moved and asked unanimous consent that the                                                                  
House consider the Senate message (page 3551) on the following:                                                                 
                                                                                                                                
    CS FOR HOUSE BILL NO. 3(MLV)                                                                                                
    "An Act relating to the employment rights of employees in the                                                               
    state who are members of the National Guard of another state,                                                               
    territory, or district of the United States."                                                                               
                                                                                                                                
and                                                                                                                             
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 3(STA)                                                                                  
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2018-05-07                     House Journal                      Page 3596
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 3(STA)                                                                                                                 
Concur                                                                                                                          
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Eastman, Edgmon, Foster, Gara,                                                                  
Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito,                                                                
Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz,                                                                  
Parish, Pruitt, Rauscher, Saddler, Seaton, Spohnholz, Stutes,                                                                   
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Drummond, Knopp, Reinbold                                                                                             
                                                                                                                                
And so, the House concurred in the Senate amendment, thus adopting                                                              
SCS CSHB 3(STA).                                                                                                                
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
The bill was referred to the Chief Clerk for enrollment.                                                                        
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HR 7                                                                                                                          
The following memorandum dated May 4 was received from Lora                                                                     
Brown, Enrolling Secretary, Division of Legal and Research Services,                                                            
regarding:                                                                                                                      
                                                                                                                                
    HOUSE RESOLUTION NO. 7 am                                                                                                   
    Recognizing the importance of safe school environments for                                                                  
    students, staff, and their families; and supporting improvement of                                                          
    school safety measures.                                                                                                     
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest error in HR 7 am,                                                            
which has been corrected in enrolling:                                                                                          
                                                                                                                                

2018-05-07                     House Journal                      Page 3597
Page 1, line 5:                                                                                                                 
    Delete "fear"                                                                                                               
    Insert "fearing""                                                                                                           
                                                                                                                                
HB 3                                                                                                                          
Representative Millett added as a cosponsor to:                                                                                 
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 3(STA)                                                                                  
    "An Act relating to the employment rights of employees in the                                                               
    state who are members of the National Guard of another state,                                                               
    territory, or district of the United States."                                                                               
                                                                                                                                
HB 31                                                                                                                         
Representative Millett added as a cosponsor to:                                                                                 
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 31(STA)                                                                                 
    "An Act relating to law enforcement training in domestic violence                                                           
    and sexual assault; relating to sexual assault investigation                                                                
    protocols; requiring an inventory and reports on untested sexual                                                            
    assault examination kits; and providing for an effective date."                                                            
                                                                                                                                
SB 128                                                                                                                        
Representative Spohnholz added as a cross sponsor to:                                                                           
                                                                                                                                
    CS FOR SENATE BILL NO. 128(FIN)                                                                                             
    "An Act establishing the marijuana education and treatment fund;                                                            
    and relating to the duties of the Department of Health and Social                                                           
    Services to administer a comprehensive marijuana use education                                                              
    and treatment program."                                                                                                     
                                                                                                                                
SB 174                                                                                                                        
Representatives Gara, Chenault, Johnston, and Spohnholz added as                                                                
cross sponsors to:                                                                                                              
                                                                                                                                
    SENATE BILL NO. 174                                                                                                         
    "An Act relating to the duties of the Department of Health and                                                              
    Social Services; and relating to the administration of programs for                                                         
    persons with physical and mental disabilities."                                                                             
                                                                                                                                
                                                                                                                                

2018-05-07                     House Journal                      Page 3598
                              ENROLLMENT                                                                                     
                                                                                                                                
HB 236                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 9:37 a.m.,                                                             
May 7:                                                                                                                          
                                                                                                                                
    CS FOR HOUSE BILL NO. 236(FIN)                                                                                              
    "An Act extending the Alaska senior benefits payment program."                                                              
                                                                                                                                
                             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 until 10:30 a.m., May 8.  There being no objection, the                                                           
House adjourned at 11:50 a.m.                                                                                                   
                                                                                                                                
                                           Crystaline Jones                                                                     
                                           Chief Clerk