Legislature(2019 - 2020)

2019-05-16 House Journal

Full Journal pdf

2019-05-16                     House Journal                      Page 1085
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                         THIRTY-FIRST LEGISLATURE                                                                            
                                                                                                                                
                          FIRST SPECIAL SESSION                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Thursday                   May 16, 2019                                                      
                                                                                                                                
                                First Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to the Governor's proclamation, dated May 15 calling the                                                               
legislature into special session, the House was called to order by                                                              
Speaker Edgmon at 10:14 a.m.                                                                                                    
                                                                                                                                
Roll call showed 39 members present.  Representative Kreiss-Tomkins                                                             
was absent.                                                                                                                     
                                                                                                                                
The invocation was offered by the Chaplain, Representative Stutes.                                                              
Representative Shaw moved and asked unanimous consent that the                                                                  
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
          Please bow your heads with me and let us pray silently                                                               
     together, according to our individual beliefs:                                                                             
                                                                                                                                
     Let us be thankful for the beauty of Alaska.                                                                               
     Let us have the strength to rise to our challenges.                                                                        
     Let us look to the future with hope.                                                                                       
     Let our thoughts be guided by compassion.                                                                                  
     Let our actions reflect love, kindness, and justice.                                                                       
     Let us be good stewards of Alaska. Amen.                                                                                   
                                                                                                                                
The Pledge of Allegiance was led by Representative Story.                                                                       
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the journal for the 121st legislative day be approved as certified by the                                                       
Chief Clerk.  There being no objection, it was so ordered.                                                                      

2019-05-16                     House Journal                      Page 1086
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HCR 9                                                                                                                         
A message dated May 15 was read stating the Senate passed:                                                                      
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 9                                                                                          
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 44,                                                               
     relating to the prescription of drugs by a physician assistant                                                             
     without physical examination.                                                                                              
                                                                                                                                
HCR 9 was referred to the Chief Clerk for enrollment.                                                                           
                                                                                                                                
HCR 11                                                                                                                        
A message dated May 15 was read stating the Senate passed:                                                                      
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 11                                                                                         
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 43,                                                               
     extending the termination date of the Big Game Commercial                                                                  
     Services Board; and relating to a person's eligibility to hold a                                                           
     registered guide-outfitter license, master guide-outfitter license,                                                        
     class-A assistant guide license, assistant guide license, or                                                               
     transporter license.                                                                                                       
                                                                                                                                
HCR 11 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
SB 16                                                                                                                         
A message dated May 15 was read stating the Senate concurred in the                                                             
House amendment to CSSB 16(FIN) thus adopting:                                                                                  
                                                                                                                                
             HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) am H                                                                  
     "An Act relating to certain alcoholic beverage licenses and                                                                
     permits; relating to the bond requirement for certain alcoholic                                                            
     beverage license holders; and providing for an effective date."                                                           
                                                                                                                                
SB 43                                                                                                                         
A message dated May 15 was read stating the Senate concurred in the                                                             
House amendment to:                                                                                                             
                                                                                                                                

2019-05-16                     House Journal                      Page 1087
     CS FOR SENATE BILL NO. 43(FIN)                                                                                             
     "An Act extending the termination date of the Big Game                                                                     
     Commercial Services Board; relating to a person's eligibility to                                                           
     hold a registered guide-outfitter license, master guide-outfitter                                                          
     license, class-A assistant guide license, assistant guide license, or                                                      
     transporter license; and providing for an effective date."                                                                 
                                                                                                                                
thus adopting:                                                                                                                  
                                                                                                                                
             HOUSE CS FOR CS FOR SENATE BILL NO. 43(FIN) am H                                                                  
     "An Act extending the termination date of the Board of Barbers                                                             
     and Hairdressers; extending the termination date of the Big Game                                                           
     Commercial Services Board; relating to a person's eligibility to                                                           
     hold a registered guide-outfitter license, master guide-outfitter                                                          
     license, class-A assistant guide license, assistant guide license, or                                                      
     transporter license; and providing for an effective date."                                                                 
                                                                                                                                
     (HCR 11 - title change resolution)                                                                                         
                                                                                                                                
SB 44                                                                                                                         
A message dated May 15 was read stating the Senate concurred in the                                                             
House amendment to:                                                                                                             
                                                                                                                                
     CS FOR SENATE BILL NO. 44(FIN)                                                                                             
     "An Act relating to the prescription of drugs by a physician                                                               
     assistant without physical examination; and providing for an                                                               
     effective date."                                                                                                           
                                                                                                                                
thus adopting:                                                                                                                  
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN)                                                                                
     "An Act relating to the prescription of drugs by a physician                                                               
     assistant without physical examination; relating to prescription                                                           
     drugs under the medical assistance program; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
     (HCR 9 - title change resolution)                                                                                          
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a call of the Chair; and so, the House recessed at 10:19 a.m.                                                                   

2019-05-16                     House Journal                      Page 1088
                               AFTER RECESS                                                                                  
                                                                                                                                
The Speaker called the House back to order at 1:08 p.m.                                                                         
                                                                                                                                
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
HB 49                                                                                                                         
The Conference Committee considering:                                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 49(FIN) am                                                                                           
     "An Act relating to criminal law and procedure; relating to pretrial                                                       
     services; establishing the crime of possession of motor vehicle                                                            
     theft tools; relating to electronic monitoring; relating to controlled                                                     
     substances; relating to probation and parole; relating to                                                                  
     sentencing; amending the definitions of 'most serious felony,' 'sex                                                        
     offense,' and 'sex offender'; relating to registration of sex                                                              
     offenders; relating to operating under the influence; relating to                                                          
     refusal to submit to a chemical test; relating to the duties of the                                                        
     commissioner of corrections; relating to testing of sexual assault                                                         
     examination kits; relating to reports of involuntary commitment;                                                           
     amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal                                                                  
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
and                                                                                                                             
                                                                                                                                
             SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S                                                                  
     "An Act relating to criminal law and procedure; relating to                                                                
     marriage as a defense to certain crimes of sexual assault;                                                                 
     establishing the crime of possession of motor vehicle theft tools;                                                         
     relating to controlled substances; relating to electronic monitoring;                                                      
     relating to probation and parole; relating to sentencing; amending                                                         
     the definitions of 'most serious felony,' 'sex offense,' and 'sex                                                          
     offender'; relating to registration of sex offenders; relating to the                                                      
     automated victim notification system; relating to reporting child                                                          
     abuse or neglect; relating to Alaska Native organizations; relating                                                        
     to the village public safety officer program; relating to                                                                  
     cancellation of a driver's license; relating to driving while license                                                      
     canceled; relating to operating under the influence; relating to                                                           
     restoration of a driver's license; relating to refusal to submit to a                                                      
     chemical test; relating to the use of headlights; relating to the                                                          

2019-05-16                     House Journal                      Page 1089
     powers and duties of the commissioner of corrections; relating to                                                          
     pretrial services; relating to the duties of a prosecuting attorney;                                                       
     relating to testing of sexual assault examination kits; relating to                                                        
     reports of involuntary commitment; amending Rules 6(r)(6), 38.2,                                                           
     and 45(d), Alaska Rules of Criminal Procedure; and providing for                                                           
     an effective date."                                                                                                        
                                                                                                                                
     (SCR 7 – title change resolution)                                                                                          
                                                                                                                                
requests limited powers of free conference on the following specific                                                            
point(s):                                                                                                                       
                                                                                                                                
     • Sections 31, 50, 99 (House)                                                                                              
      • Sections 39, 40, 51, 55, 68, 72, 73, 74, 94, 95, 101, 108,                                                             
         109, 112, 124, 125, 145, 157, 158 (Senate)                                                                             
      • Remaining sections related to pretrial services:  62, 67,                                                              
         104, 105, 106, 107, 128, 149, 150 (Senate)                                                                             
                                                                                                                                
The request was signed by Representatives Claman (Chair), Kopp,                                                                 
Pruitt; and Senators Hughes (Chair), Shower, Wielechowski.                                                                      
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 1001                                                                                                                       
HOUSE BILL NO. 1001 by the House Rules Committee by request of                                                                  
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act making appropriations for public education and                                                                     
     transportation of students; repealing appropriations; and providing                                                        
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
The Governor's transmittal letter dated May 16 follows:                                                                         

2019-05-16                     House Journal                      Page 1090
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to appropriate money to fund                                                             
education for Fiscal Year 2020 (FY 2020).                                                                                       
                                                                                                                                
Attorney General Kevin G. Clarkson issued a formal Attorney General                                                             
Opinion on May 8, 2019 concluding that the appropriation in last                                                                
year's HB 287 that attempted to appropriate future revenues for                                                                 
education in FY 2020 is unconstitutional. Despite this opinion, neither                                                         
the operating nor the capital budgets have included any funding for FY                                                          
2020 education by the legislature.                                                                                              
                                                                                                                                
Education is one of the most important obligations of the State, and it                                                         
is vital that we have constitutionally valid funding to send out to                                                             
school districts come July 1. As it stands right now, that does not exist,                                                      
and we cannot rely on an unconstitutional appropriation. This bill                                                              
provides the appropriation necessary to ensure the State can legally                                                            
distribute funds for education.                                                                                                 
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor"                                                                                                                       
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
SB 10                                                                                                                         
Representative Story added as a cross sponsor to:                                                                               
                                                                                                                                
     SENATE BILL NO. 10                                                                                                         
     "An Act extending the termination date of the Statewide Suicide                                                            
     Prevention Council; and providing for an effective date."                                                                  
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of May 6.                                                               

2019-05-16                     House Journal                      Page 1091
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House adjourn until 3:00 p.m., May 20.  There being no objection,                                                           
the House adjourned at 1:11 p.m.                                                                                                
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk