Legislature(2019 - 2020)
2020-02-26 House Journal
Full Journal pdf2020-02-26 House Journal Page 1695 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-FIRST LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 26, 2020 Thirty-seventh Day Pursuant to adjournment the House was called to order by Speaker Edgmon at 10:53 a.m. Roll call showed 39 members present. Representative Thompson moved and asked unanimous consent that Representative Lincoln be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Nancy Campbell of White Fields Church. Representative Drummond moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With respect for the religious beliefs of each person here, I offer this prayer: Dear Heavenly Father, I approach your throne of mercy and grace. Thank you, Lord, that you hear my prayers. Thank you, Lord, that you are here today. I welcome your presence in this House chamber. May you, Lord, bless the representatives as they meet together to address the business of the state. 2020-02-26 House Journal Page 1696 Bless their labors and give them wisdom and understanding as they reason together. Lift any burdens from their minds now, so they can be free to focus on the tasks set before them. Your word says: Come to me, all you who labor and are heavy laden, and I will give you rest. Matthew 11:28 Grant them this rest, Lord, and let your peace that passes all understanding reside here with them. I pray for good health for each of them and their families throughout this session. Keep them in your hand, Lord, protect them and their families. I pray this priestly blessing over you now, from Numbers 6:24-26: The Lord bless you and keep you; The Lord make his face shine upon you, and be gracious to you; The Lord lift up his countenance upon you, and give you peace. I pray this in Jesus' name. Amen. The Pledge of Allegiance was led by Representative Rauscher. CERTIFICATION OF THE JOURNAL Representative Thompson moved and asked unanimous consent that the journal for the 35th and 36th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Stutes introduced Brandon Shade, Guest Page, from Dillingham. Representative Story introduced Eva Miller, Jerralyn White, and Brooklynn Roberts, Guest Pages, from Juneau. 2020-02-26 House Journal Page 1697 Representative Thompson moved and asked unanimous consent that Representatives LeDoux and Shaw be excused from a call of the House today. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 24 was read stating that on February 4 in accordance with Article III, Sections 26 and 27, of the Alaska Constitution and Alaska Statute 39.05.080, the Governor submitted a list of appointees for confirmation. The following appointees have withdrawn their names from consideration, effective immediately: Alaska State Board of Public Accountancy Glenn "Mike" Prax – Fairbanks Alaska Labor Relations Agency Misty Steed – Anchorage Alaska Mental Health Trust Authority Board of Trustees Joey Crum – Palmer REPORTS OF STANDING COMMITTEES HB 113 The Labor & Commerce Committee considered: HOUSE BILL NO. 113 "An Act relating to employment preferences for spouses and children of veterans, disabled veterans, former prisoners of war, members of the national guard, and deceased service members." and recommends it be replaced with: CS FOR HOUSE BILL NO. 113(L&C) "An Act relating to private sector and state employment preferences for active service members, veterans, and spouses and dependent children of active service members and veterans; relating to employment preferences for surviving spouses of 2020-02-26 House Journal Page 1698 deceased service members and veterans; and relating to employment preferences for disabled veterans and former prisoners of war." The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (5): Gillis, Story, Stutes, Fields, Spohnholz No recommendation (2): Hannan, Rasmussen The following fiscal note(s) apply to CSHB 113(L&C): 3. Zero, Dept. of Administration 4. Zero, Dept. of Labor & Workforce Development HB 113 was referred to the Rules Committee for placement on the calendar. HB 185 The Transportation Committee considered: HOUSE BILL NO. 185 "An Act relating to the registration of commercial vessels; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 185(TRA) (same title) The report was signed by Representative Stutes, Chair, with the following individual recommendations: Do pass (6): Talerico, Story, Claman, Drummond, Gillis, Stutes The following fiscal note(s) apply to CSHB 185(TRA): 1. Zero, Dept. of Public Safety 2. Fiscal, Dept. of Administration 2020-02-26 House Journal Page 1699 The Speaker added a Finance Committee referral to follow the Transportation Committee referral. HB 185 was referred to the Finance Committee. HB 201 The Judiciary Committee considered: HOUSE BILL NO. 201 "An Act relating to legal representation of public officers in ethics complaints." and recommends it be replaced with: CS FOR HOUSE BILL NO. 201(JUD) (same title) The report was signed by Representative Claman, Chair, with the following individual recommendations: Do pass (4): Drummond, Stutes, Shaw, Claman No recommendation (1): Eastman The following fiscal note(s) apply to CSHB 201(JUD): 1. Zero, Dept. of Law HB 201 was referred to the Finance Committee. HB 234 The Finance Committee considered: HOUSE BILL NO. 234 "An Act making supplemental appropriations, reappropriations, and other appropriations; amending appropriations; capitalizing funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 2020-02-26 House Journal Page 1700 and recommends it be replaced with: CS FOR HOUSE BILL NO. 234(FIN) (same title) The report was signed by Representatives Foster and Johnston, Co- chairs, with the following individual recommendations: Do pass (7): Ortiz, LeBon, Knopp, Wool, Josephson, Foster, Johnston Amend (4): Carpenter, Tilton, Merrick, Sullivan-Leonard HB 234 is on today's calendar. REPORTS OF SPECIAL COMMITTEES A report of the Committee on Committees dated February 26 was read submitting amendments to the February 19, 2019, report (page 120) and January 21 report (page 1422). Additional reports are on pages 98, 120-122, 831-832, 1245, and 1271. The amendments follow: Education Committee: Prax replaced Wilson HR 2 House Special Committee on Energy: Prax replaced Pruitt The report was signed by Representative Edgmon, Chair; and Representatives Kopp, Foster, Thompson, Johnston, and Stutes. Representative Thompson moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. HB 151 The House Special Committee on Energy considered: HOUSE BILL NO. 151 "An Act relating to the regulation of electric utilities and electric reliability organizations; and providing for an effective date." 2020-02-26 House Journal Page 1701 and recommends it be replaced with: CS FOR HOUSE BILL NO. 151(ENE) "An Act relating to the creation and regulation of electric reliability organizations; relating to participation of electric utilities in electric reliability organizations; relating to duties of electric reliability organizations; providing for integrated resource planning; requiring project preapproval for certain interconnected large energy facilities; and providing for an effective date." The report was signed by Representative Hopkins, Chair, with the following individual recommendations: Do pass (5): Rauscher, Fields, Spohnholz, Zulkosky, Hopkins No recommendation (1): Pruitt A House Special Committee on Energy letter of intent for CSHB 151(ENE), signed by Representative Hopkins, Chair, follows: "It is the intent of the Thirty-First Alaska State Legislature that under HB 151, reliability standards, electric reliability organization (ERO) tariff standards, planning terms, and project pre-approval requirements will ultimately apply across the entire interconnected Railbelt electric energy network. Broad application is necessary to achieve the desired efficiencies and reliability for Alaskans within the Railbelt. HB 151 does not in any way affect or change the existing relationship between the RCA and the Bradley Lake project agreements, contracts, and amendments exempt under AS 42.05.431(c). It is, however, the intent of the Alaska State Legislature that after the Bradley Lake project debt is satisfied and the AS 42.05.431(c) exemption expires, those agreements, contracts, and amendments shall be subject to HB 151. Should Bradley Lake project agreements, contracts, and amendments receive a future extension of the AS 42.05.431(c) exemptions, the Thirty-First Alaska State Legislature urges consideration of the relationship between Bradley Lake and associated infrastructure and projects, the Railbelt network, and the electric reliability organization, 2020-02-26 House Journal Page 1702 and emphasizes the intent to subject all interconnected network users, owners, or operators to the reliability standards, an electric reliability organization tariff, planning, and project pre-approval requirements." The following fiscal note(s) apply to CSHB 151(ENE): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 151 was referred to the Resources Committee. HB 199 The House Special Committee on Fisheries considered: HOUSE BILL NO. 199 "An Act relating to certain fish; and establishing a fisheries rehabilitation permit." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(FSH) (same title) The report was signed by Representative Stutes, Chair, with the following individual recommendations: Do pass (2): Vance, Neuman No recommendation (2): Tarr, Stutes The following fiscal note(s) apply to CSHB 199(FSH): 1. Zero, Dept. of Fish & Game HB 199 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: 2020-02-26 House Journal Page 1703 Honoring - Carnard Israel Davis By Representative Tarr; Senator Begich The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Natalie Fraser By Representatives Fields, Claman; Senator Begich Honoring - Z.W. "Mike" Kowalewski, 100th Birthday By Representative Tilton Honoring - The Second Annual Bettye Davis African American Summit By Senators Gray-Jackson, Begich; Representative Tarr CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 133 The following was read the second time: HOUSE BILL NO. 133 "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; repealing a requirement for administrative revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain a license for consumption or possession of alcohol or drugs; and providing for an effective date." with the: Journal Page HSS RPT 4DP 715 FN1: ZERO(DHS) 715 JUD RPT 3DP 2NR 1600 FN2: ZERO(DHS) 1600 2020-02-26 House Journal Page 1704 Amendment No. 1 was offered by Representative Eastman: Page 20, line 21: Delete "four" Insert "eight [FOUR]" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Spohnholz objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Rasmussen: Page 20, line 21: Delete "four" Insert "six [FOUR]" Representative Rasmussen moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Zulkosky objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 133 Second Reading Amendment No. 2 YEAS: 14 NAYS: 23 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Eastman, Gillis, Johnston, Kopp, LeBon, Merrick, Neuman, Rasmussen, Rauscher, Talerico, Tilton, Vance, Wool Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Jackson, Johnson, Josephson, Knopp, Kreiss-Tomkins, Ortiz, Prax, Pruitt, Spohnholz, Story, Stutes, Sullivan-Leonard, Tarr, Thompson, Tuck, Zulkosky 2020-02-26 House Journal Page 1705 Excused: LeDoux, Lincoln, Shaw And so, Amendment No. 2 was not adopted. Representative Thompson moved and asked unanimous consent that HB 133 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 133 will advance to third reading on the February 28 calendar. HB 234 The following was read the second time: HOUSE BILL NO. 234 "An Act making supplemental appropriations, reappropriations, and other appropriations; amending appropriations; capitalizing funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) 7DP 4AM 1699 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 234(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Eastman: Page 12, line 17, following "settlements": Insert "in the following amounts" 2020-02-26 House Journal Page 1706 Page 12, line 18: Delete "." Insert ": CASE AMOUNT Mungle v. DCCED, Division of Insurance $ 131,700 Jason Carter v. DOT&PF 4,950,000 Planned Parenthood of the Great Northwest v. Streur 805,883" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Foster objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 234(FIN) Second Reading Amendment No. 1 YEAS: 3 NAYS: 34 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Eastman, Jackson Nays: Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Merrick, Neuman, Ortiz, Prax, Pruitt, Rasmussen, Rauscher, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: LeDoux, Lincoln, Shaw And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 12, line 15: Delete "$5,887,583" Insert "$5,081,700" Page 12, line 17, following "settlements": Insert "in the following amounts" 2020-02-26 House Journal Page 1707 Page 12, line 18: Delete "." Insert ": CASE AMOUNT Mungle v. DCCED, Division of Insurance $ 131,700 Jason Carter v. DOT&PF 4,950,000." Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Pruitt objected. Representative Claman rose to a point of order regarding confining remarks to the amendment. The Speaker ruled the member out of order. Representative Kopp rose to a point of order, citing Section 121 of Mason's Manual, regarding ignoring the question. The Speaker upheld the point of order. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 234(FIN) Second Reading Amendment No. 2 YEAS: 1 NAYS: 36 EXCUSED: 3 ABSENT: 0 Yeas: Eastman Nays: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Merrick, Neuman, Ortiz, Prax, Pruitt, Rasmussen, Rauscher, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: LeDoux, Lincoln, Shaw And so, Amendment No. 2 was not adopted. 2020-02-26 House Journal Page 1708 Representative Thompson moved and asked unanimous consent that CSHB 234(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 234(FIN) was read the third time. Representative Eastman rose to a point of order, citing Section 90 of Mason's Manual, regarding the right to debate questions. Representative Kopp, citing Section 122 of Mason's Manual, stated that the point was irrelevant at this time. The Speaker advised the member to proceed with remarks to the bill. Representative Eastman appealed the ruling of the Chair. Representative Kopp, citing Section 122 of Mason's Manual, stated the appeal was not in order. The Speaker stated that the point was well taken. Representative Eastman rose to a point of order regarding the recognition of members by the presiding officer. The Speaker cautioned the member to speak to the bill before the body. Representative Kopp rose to a point of order, citing Section 121 of Mason's Manual, regarding the proper decorum when not recognized. The Speaker ruled that the point was well taken and cautioned the member to confine remarks to the bill. The question being: "Shall CSHB 234(FIN) pass the House?" The roll was taken with the following result: CSHB 234(FIN) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 2020-02-26 House Journal Page 1709 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Merrick, Ortiz, Prax, Pruitt, Rasmussen, Rauscher, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman, Neuman Excused: LeDoux, Lincoln, Shaw And so, CSHB 234(FIN) passed the House. Representative Thompson moved that the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted. The question being: "Shall the House adopt the constitutional budget reserve fund appropriations?" The roll was taken with the following result: CSHB 234(FIN) Third Reading Constitutional Budget Reserve Appropriations YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Merrick, Ortiz, Prax, Pruitt, Rasmussen, Rauscher, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman, Neuman Excused: LeDoux, Lincoln, Shaw And so, the constitutional budget reserve fund appropriations were adopted. Representative Thompson 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. CSHB 234(FIN) was referred to the Chief Clerk for engrossment. 2020-02-26 House Journal Page 1710 SECOND READING OF HOUSE RESOLUTIONS HCR 13 The Speaker stated that, without objection, the following would be held to the February 28 calendar: HOUSE CONCURRENT RESOLUTION NO. 13 Relating to the Alaska permanent fund. 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 - Alaska Women's Hall of Fame 2020 By Representatives Tarr, Drummond, Spohnholz Honoring - Joe Usibelli, Jr. By Senators Kawasaki, Bishop; Representative LeBon Honoring - Quinn Christopherson By Senator Begich; Representatives Fields, Drummond In Memoriam - Herbert Stettler By Senator Micciche; Representatives Vance, Knopp UNFINISHED BUSINESS Representative Thompson 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 LeDoux – from today to 10:00 p.m., March 1 Representative Shaw – from today to 10:00 p.m., March 1 Representative Tuck – from 7:00 p.m., today to 7:00 a.m., February 28 Representative Rauscher – from 7:00 a.m., February 27 to 11:00 p.m., March 2 2020-02-26 House Journal Page 1711 Representative Stutes – from 11:00 a.m., March 5 to 1:00 p.m., March 8 Representative Zulkosky – from 6:30 p.m., March 6 to 1:00 a.m., March 9 SPECIAL ORDER OF BUSINESS Representative Thompson moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Carnard Israel Davis, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative Thompson moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Carnard Israel Davis By Representative Tarr; Senator Begich UNFINISHED BUSINESS HB 80 Representative Eastman added as a cosponsor to: HOUSE BILL NO. 80 "An Act relating to the right to demand a jury trial in cases involving termination of parental rights; amending Rules 18(b), 18(e), and 18(g), Alaska Child in Need of Aid Rules of Procedure." HB 133 Representatives Sullivan-Leonard, Josephson, and Tuck added as cosponsors to: HOUSE BILL NO. 133 "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse 2020-02-26 House Journal Page 1712 or neglect; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; repealing a requirement for administrative revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain a license for consumption or possession of alcohol or drugs; and providing for an effective date." HB 236 Representatives Tuck, Josephson, Zulkosky, Hopkins, and Claman added as cosponsors to: HOUSE BILL NO. 236 "An Act relating to education; increasing the base student allocation; and providing for an effective date." HB 284 Representative Carpenter added as a cosponsor to: HOUSE BILL NO. 284 "An Act prohibiting abortions when the age of the unborn child is 20 weeks or older with certain exceptions; and repealing a prohibition against partial-birth abortions." HB 292 Representative Rauscher added as a cosponsor to: HOUSE BILL NO. 292 "An Act relating to daylight saving time; and providing for an effective date." HB 302 Representative Prax added as a cosponsor to: HOUSE BILL NO. 302 "An Act prohibiting abortion after detection of fetal cardiac activity or fetal heart contractions." ENGROSSMENT HB 234 CSHB 234(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2020-02-26 House Journal Page 1713 ANNOUNCEMENTS House committee schedules are published under separate cover. The following meetings today were changed: Finance Committee CHANGED TO: 15 min. after adjournment Judiciary Committee CHANGED TO: 2:00 p.m. Resources Committee CHANGED TO: 15 min. after adjournment ADJOURNMENT Representative Thompson moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 28. There being no objection, the House adjourned at 1:50 p.m. Crystaline Jones Chief Clerk