Legislature(2019 - 2020)
2019-04-27 House Journal
Full Journal pdf2019-04-27 House Journal Page 0733 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-FIRST LEGISLATURE FIRST SESSION Juneau, Alaska Saturday April 27, 2019 One Hundred Third Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:40 a.m. Roll call showed 37 members present. Representatives Fields, Jackson, and Wool had been excused from a call of the House today. The invocation was offered by the Chaplain, Representative Kopp. Representative Shaw moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Praise be to you, LORD, the God of our father Israel, from everlasting to everlasting. Yours, LORD, is the greatness and the power and the glory and the majesty and the splendor, for everything in heaven and earth is yours. Yours, LORD, is the kingdom; you are exalted as head over all. Wealth and honor come from you; you are the ruler of all things. In your hands are strength and power to exalt and give strength to all. Now, our God, we give you thanks, and praise your glorious name. Amen. I Chronicles 29:10-13 The Pledge of Allegiance was led by Representative Kopp. CERTIFICATION OF THE JOURNAL Representative Thompson 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. 2019-04-27 House Journal Page 0734 MESSAGES FROM THE SENATE A message dated April 26 was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 95 SENATE BILL NO. 95 by Senators Coghill, Micciche, Bishop, Stevens, Stedman, and Giessel, entitled: "An Act approving the transfer of certain Alaska Railroad Corporation land; and providing for an effective date." was read the first time and referred to the Resources Committee. REPORTS OF STANDING COMMITTEES HR 8 The Resources Committee considered: HOUSE RESOLUTION NO. 8 Recognizing 2019 as the International Year of the Salmon and supporting an associated global initiative identifying the importance of wild salmon. and recommends it be replaced with: CS FOR HOUSE RESOLUTION NO. 8(RES) (same title) The report was signed by Representatives Tarr and Lincoln, Co-chairs, with the following individual recommendations: Do pass (6): Talerico, Hannan, Tuck, Rauscher, Tarr, Lincoln No recommendation (2): Hopkins, Rasmussen 2019-04-27 House Journal Page 0735 The following fiscal note(s) apply to CSHR 8(RES): 1. Zero, Legislative Agency HR 8 was referred to the Rules Committee for placement on the calendar. HB 78 The Labor & Commerce Committee considered: HOUSE BILL NO. 78 "An Act relating to insurance; relating to an insurer's corporate annual disclosure; relating to insurance company holding systems; and providing for an effective date." The report was signed by Representative LeDoux, Co-chair, with the following individual recommendations: Do pass (5): Hannan, Revak, Stutes, Talerico, LeDoux The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 78 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jason Uyaq'aq Pavila By Representative Zulkosky; Senator Hoffman Honoring - Peter Nacuk Kaiser, 2019 Iditarod Sled Dog Race Champion By Representative Zulkosky; Senator Hoffman 2019-04-27 House Journal Page 0736 Honoring - Sandy Boyd By Representative Zulkosky; Senator Hoffman Honoring - Valerie Nurr'araaluk Davidson By Representative Zulkosky; Senator Hoffman Honoring - Team Rubicon By Representative Rauscher; Senator Shower Honoring - Alaska Native Health Board, Celebrating 50 Years of Service By Representative Zulkosky; Senator Hoffman Honoring - Kuskokwim 300 Race Committee By Representative Zulkosky Honoring - American Bald Eagle Foundation By Senator Kiehl; Representatives Hannan, Story In Memoriam - Michele Marie Michaud By Senator Kiehl; Representatives Hannan, Story INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HR 9 HOUSE RESOLUTION NO. 9 by Representatives Kopp and Rauscher: Recognizing May 2, 2019, as the National Day of Prayer; and proclaiming May 2, 2019, as a state day of prayer. was read the first time and referred to the Community & Regional Affairs Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 147 HOUSE BILL NO. 147 by Representative Wilson, entitled: 2019-04-27 House Journal Page 0737 "An Act relating to the termination of a board or commission." was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 14 The following, which was advanced to third reading from the April 26 calendar (page 728), was read the third time: CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications." Representative Pruitt moved and asked unanimous consent that CSHB 14(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Pruitt and Rauscher: Page 1, line 2, following "instrument';" (title amendment): Insert "relating to sentencing;" Page 3, following line 13: Insert new bill sections to read: "* Sec. 5. AS 12.55.027(d) is amended to read: (d) A court may not grant credit against a sentence of imprisonment for time spent in a private residence or under electronic monitoring [IF THE PERSON HAS NOT COMMITTED A CRIMINAL OFFENSE WHILE UNDER ELECTRONIC MONITORING AND THE COURT IMPOSES 2019-04-27 House Journal Page 0738 RESTRICTIONS ON THE PERSON'S FREEDOM OF MOVEMENT AND BEHAVIOR WHILE UNDER THE ELECTRONIC MONITORING PROGRAM, INCLUDING REQUIRING THE PERSON TO BE CONFINED TO A RESIDENCE EXCEPT FOR A (1) COURT APPEARANCE; (2) MEETING WITH COUNSEL; OR (3) PERIOD DURING WHICH THE PERSON IS AT A LOCATION ORDERED BY THE COURT FOR THE PURPOSES OF EMPLOYMENT, ATTENDING EDUCATIONAL OR VOCATIONAL TRAINING, PERFORMING COMMUNITY VOLUNTEER WORK, OR ATTENDING A REHABILITATIVE ACTIVITY OR MEDICAL APPOINTMENT]. * Sec. 6. AS 12.55.027(e) is amended to read: (e) If a defendant intends to claim credit toward a sentence of imprisonment for time spent in a treatment program [OR UNDER ELECTRONIC MONITORING] either as a condition of probation or as a condition of bail release after a petition to revoke probation has been filed, the defendant shall file notice with the court and the prosecutor 10 days before the disposition hearing. The notice shall include the amount of time the defendant is claiming. The defendant must prove by a preponderance of the evidence that the credit claimed meets the requirements of this section. A court may not consider, except for good cause, a request for credit made under this subsection more than 90 days after the disposition hearing." Renumber the following bill sections accordingly. Page 9, following line 16: Insert a new bill section to read: "* Sec. 10. AS 12.55.027(g) is repealed." Renumber the following bill section accordingly. Page 9, line 19, following "APPLICABILITY.": Insert "(a)" 2019-04-27 House Journal Page 0739 Page 9, line 22: Delete "sec. 5" Insert "sec. 7" Page 9, following line 23: Insert a new subsection to read: "(b) AS 12.55.027(d), as amended by sec. 5 of this Act, and AS 12.55.027(e), as amended by sec. 6 of this act, apply to sentences imposed on or after the effective date of this Act." Representative Pruitt moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Wilson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 14(FIN) Second Reading Amendment No. 2 YEAS: 18 NAYS: 19 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Eastman, Johnson, Josephson, LeDoux, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Vance Nays: Claman, Drummond, Edgmon, Foster, Hannan, Hopkins, Johnston, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz, Spohnholz, Story, Stutes, Thompson, Wilson, Zulkosky Excused: Fields, Jackson, Wool Tarr changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. CSHB 14(FIN) was automatically in third reading. The question being: "Shall CSHB 14(FIN) pass the House?" The roll was taken with the following result: 2019-04-27 House Journal Page 0740 CSHB 14(FIN) Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Claman, Drummond, Edgmon, Foster, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Lincoln, Merrick, Neuman, Ortiz, Pruitt, Rasmussen, Rauscher, Revak, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wilson, Zulkosky Nays: Eastman Excused: Fields, Jackson, Wool And so, CSHB 14(FIN) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 25 The Speaker stated that, without objection, the following, which was advanced to third reading from the April 26 calendar (page 723), would be held to the April 29 calendar: SENATE BILL NO. 25 "An Act extending the termination date of the Board of Dental Examiners; and providing for an effective date." LEGISLATIVE CITATIONS Representative Thompson 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: Honoring - Christine Pate By Representative Kreiss-Tomkins Honoring - Ruth Ann Parsons By Representative Kreiss-Tomkins 2019-04-27 House Journal Page 0741 Honoring - Angelina Fraize By Representative Tilton Honoring - Richard Neil Crum By Representative Tilton Honoring - Kelly Roy By Representatives LeDoux, Spohnholz; Senator Wielechowski Honoring - Cindy Sandfort Lelake By Representatives Edgmon, Drummond, Hopkins Honoring - Lee and Lucas Brown By Representative Kreiss-Tomkins Honoring - First Korean Congress By Representative Kreiss-Tomkins Honoring - Sitka High School Track and Field Team, 2018 Alaska Division II State Champions By Representative Kreiss-Tomkins Honoring - 2019 Farthest North Girl Scout Council, Women of Distinction By Senator Kawasaki; Representatives Hopkins, Thompson In Memoriam - Charles Neil Natkong, Sr. By Representatives Kreiss-Tomkins, Ortiz In Memoriam - James Gould By Representative Kreiss-Tomkins In Memoriam - Seferino "Nino" Villarreal, Jr. By Representative Kreiss-Tomkins In Memoriam - John Clay Phillips By Representative Kreiss-Tomkins In Memoriam - John "Jack" Renn By Representative Revak 2019-04-27 House Journal Page 0742 In Memoriam - Selina James Everson By Senator Kiehl; Representatives Story, Hannan SENSE OF THE HOUSE The Community & Regional Affairs Committee referral of the Sense of the House, which was moved and pending (page 728), was before the House. The question being: "Shall the Sense of the House be referred to the Community & Regional Affairs Committee?" The roll was taken with the following result: Sense of the House Refer to CRA Committee YEAS: 22 NAYS: 14 EXCUSED: 3 ABSENT: 1 Yeas: Claman, Drummond, Edgmon, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, LeBon, LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wilson, Zulkosky Nays: Carpenter, Eastman, Johnson, Kreiss-Tomkins, Merrick, Neuman, Pruitt, Rasmussen, Revak, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Excused: Fields, Jackson, Wool Absent: Rauscher And so, the Sense of the House was referred to the Community & Regional Affairs Committee. UNFINISHED BUSINESS HR 8 Representative Hannan added as a cosponsor to: HOUSE RESOLUTION NO. 8 Recognizing 2019 as the International Year of the Salmon and supporting an associated global initiative identifying the importance of wild salmon. 2019-04-27 House Journal Page 0743 HB 14 Representatives Johnson, Pruitt, Thompson, Wilson, Johnston, and Story added as cosponsors to: CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications." ENGROSSMENT HB 14 CSHB 14(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Thompson moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 29. There being no objection, the House adjourned at 12:44 p.m. Crystaline Jones Chief Clerk