Legislature(2021 - 2022)

2021-03-03 House Journal

Full Journal pdf

2021-03-03                     House Journal                      Page 0257
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                       THIRTY-SECOND LEGISLATURE                                                                             
                                                                                                                                
                             FIRST SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                 Wednesday                 March 3, 2021                                                        
                                                                                                                                
                            Forty-fourth Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Stutes at 10:33 a.m.                                                                                                            
                                                                                                                                
Roll call showed 33 members present.  Representatives Cronk, Fields,                                                            
and Hopkins had been excused from a call of the House today.                                                                    
Representative Gillham was absent, and his presence was noted later.                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representatives Patkotak, Prax, and Rasmussen be excused from a call                                                            
of the House today. There being no objection, it was so ordered.                                                                
                                                                                                                                
The invocation was offered by the Chaplain, Representative Vance.                                                               
Representative Thompson moved and asked unanimous consent that                                                                  
the invocation be spread on the journal.  There being no objection, it                                                          
was so ordered.                                                                                                                 
                                                                                                                                
       With the Deepest respect for the religious beliefs of all                                                               
    Alaskans, I offer the following prayer:                                                                                     
                                                                                                                                
       May we all take up this mantle from the prophet Isaiah and                                                              
    adopted by Christ.                                                                                                          
                                                                                                                                
    The Spirit of the Sovereign Lord is on me,                                                                                  
    because the Lord has anointed me                                                                                            
    to proclaim good news to the poor.                                                                                          
    He has sent me to bind up the brokenhearted,                                                                                
    to proclaim freedom for the captives                                                                                        

2021-03-03                     House Journal                      Page 0258
    and release from darkness for the prisoners,                                                                                
    to proclaim the year of the Lord's favor                                                                                    
    and the day of vengeance of our God,                                                                                        
    to comfort all who mourn,                                                                                                   
    and provide for those who grieve in Zion—                                                                                   
    to bestow on them a crown of beauty                                                                                         
    instead of ashes,                                                                                                           
    the oil of joy                                                                                                              
    instead of mourning,                                                                                                        
    and a garment of praise                                                                                                     
    instead of a spirit of despair.                                                                                             
    They will be called oaks of righteousness,                                                                                  
    a planting of the Lord                                                                                                      
    for the display of his splendor.                                                                                            
                                                                                                                                
    They will rebuild the ancient ruins                                                                                         
    and restore the places long devastated;                                                                                     
    they will renew the ruined cities                                                                                           
    that have been devastated for generations.                                                                                  
    Strangers will shepherd your flocks;                                                                                        
    foreigners will work your fields and vineyards.                                                                             
    And you will be called priests of the Lord,                                                                                 
    you will be named ministers of our God.                                                                                     
    You will feed on the wealth of nations,                                                                                     
    and in their riches you will boast.                                                                                         
                                                                                                                                
    Instead of your shame                                                                                                       
    you will receive a double portion,                                                                                          
    and instead of disgrace                                                                                                     
    you will rejoice in your inheritance.                                                                                       
    And so you will inherit a double portion in your land,                                                                      
    and everlasting joy will be yours.                                                                                          
                                                                                                                                
    For I, the Lord, love justice;                                                                                              
    I hate robbery and wrongdoing.                                                                                              
    In my faithfulness I will reward my people                                                                                  
    and make an everlasting covenant with them.                                                                                 
    Their descendants will be known among the nations                                                                           
    and their offspring among the peoples.                                                                                      
    All who see them will acknowledge                                                                                           
    that they are a people the Lord has blessed.                                                                                

2021-03-03                     House Journal                      Page 0259
    I delight greatly in the Lord;                                                                                              
    my soul rejoices in my God.                                                                                                 
    For he has clothed me with garments of salvation                                                                            
    and arrayed me in a robe of his righteousness,                                                                              
    as a bridegroom adorns his head like a priest,                                                                              
    and as a bride adorns herself with her jewels.                                                                              
    For as the soil makes the sprout come up                                                                                    
    and a garden causes seeds to grow,                                                                                          
    so the Sovereign Lord will make righteousness                                                                               
    and praise spring up before all nations.                                                                                    
    Amen.                                                                                                                       
                                                                                                                                
The Pledge of Allegiance was led by Representative Wool.                                                                        
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 42nd and 43rd legislative days be approved as certified                                                         
by the Chief Clerk.  There being no objection, it was so ordered.                                                               
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
A letter dated March 1 was read stating that on February 4, 2020, in                                                            
accordance with Article III, Sections 26 and 27 of the Alaska                                                                   
Constitution and Alaska Statue 39.05.080, the Governor submitted a                                                              
list of appointees for confirmation. The Thirty-First Alaska Legislature                                                        
did not convene in joint session. Accordingly, on January 19, 2021,                                                             
the Governor submitted a list of appointees for confirmation.                                                                   
                                                                                                                                
The following appointee has completed her service:                                                                              
                                                                                                                                
Board of Professional Counselors                                                                                              
Laura Patin                                                                                                                     
                                                                                                                                
The appointment had been referred to the Labor & Commerce                                                                       
Committee (page 201).                                                                                                           
                                                                                                                                
A letter dated March 2 was read stating that on January 19, 2021, in                                                            
accordance with Article III, Sections 26 and 27 of the Alaska                                                                   
Constitution and Alaska Statue 39.05.080, the Governor submitted a                                                              
list of appointees for confirmation.                                                                                            

2021-03-03                     House Journal                      Page 0260
The following appointee has withdrawn himself from consideration,                                                               
effective immediately:                                                                                                          
                                                                                                                                
State Medical Board                                                                                                           
Christopher Gay                                                                                                                 
                                                                                                                                
The appointment had been referred to the Health & Social Services                                                               
Committee (page 199).                                                                                                           
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
A message dated March 1 was read stating the Senate passed the                                                                  
following, and it is transmitted for consideration:                                                                             
                                                                                                                                
                      FIRST READING AND REFERENCE                                                                            
                            OF SENATE BILLS                                                                                  
                                                                                                                                
SB 24                                                                                                                         
CS FOR SENATE BILL NO. 24(L&C) by the Senate Labor &                                                                            
Commerce Committee, entitled:                                                                                                   
                                                                                                                                
    "An Act relating to holding corporate meetings by remote                                                                    
    communication; allowing voting by remote communication at                                                                   
    corporate meetings; making shareholder lists available                                                                      
    electronically; relating to for-profit and nonprofit corporations;                                                          
    relating to business and industrial development corporations;                                                               
    relating to Native corporations; relating to the Alaska Banking                                                             
    Code; and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
                             COMMUNICATIONS                                                                                  
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Dept. of Natural Resources                                                                                                      
Determination to Take Oil and Gas Royalty In-Value                                                                              
March 1, 2021                                                                                                                   
(as required by AS 38.05.182)                                                                                                   

2021-03-03                     House Journal                      Page 0261
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
The Finance Committee reviewed the qualifications of the following                                                              
and recommends the appointment be forwarded to a joint session for                                                              
consideration:                                                                                                                  
                                                                                                                                
                            Lucinda Mahoney                                                                                    
                                                                                                                                
as Commissioner of the Department of Revenue.                                                                                   
                                                                                                                                
The report was signed by Representatives Merrick and Foster, Co-                                                                
chairs, and Representatives Ortiz, Edgmon, LeBon, Carpenter,                                                                    
Thompson, Josephson, Wool, and Johnson.                                                                                         
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
HB 79                                                                                                                         
The House Special Committee on Fisheries considered:                                                                            
                                                                                                                                
    HOUSE BILL NO. 79                                                                                                           
    "An Act relating to salt water sport fishing operators and salt                                                             
   water sport fishing guides; and providing for an effective date."                                                           
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 79(FSH)                                                                                               
    "An Act relating to sport fishing operators and sport fishing                                                               
    guides; requiring the Department of Fish and Game to prepare and                                                            
    submit a report; and providing for an effective date."                                                                      
                                                                                                                                
The report was signed by Representative Stutes, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do not pass (2):  McCabe, Vance                                                                                                 
                                                                                                                                
No recommendation (1):  Tarr                                                                                                    
                                                                                                                                
Amend (4):  Kreiss-Tomkins, Ortiz, Story, Stutes                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 79(FSH):                                                                             

2021-03-03                     House Journal                      Page 0262
1.  Fiscal, Dept. of Fish & Game                                                                                                
                                                                                                                                
HB 79 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:                                                                                        
                                                                                                                                
Honoring - Yakutat Volunteer Fire Department & Community                                                                        
Volunteers                                                                                                                      
By Representative Stutes                                                                                                        
                                                                                                                                
Honoring - Eric Morrison                                                                                                        
By Senator Begich; Representative Hannan                                                                                        
                                                                                                                                
In Memoriam - Bruce Grossmann                                                                                                   
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Charles Frederick Juge                                                                                            
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Harold I. Stock                                                                                                   
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Helen Dorothy Nielsen Orcutt                                                                                      
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Elizabeth "Betty" Smith                                                                                           
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Donald P. Maynard                                                                                                 
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - David Alert Dengel                                                                                                
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - John Richard Callahan                                                                                             
By Representative Rauscher                                                                                                      
                                                                                                                                

2021-03-03                     House Journal                      Page 0263
In Memoriam - Juanita "Ann" Babbitt                                                                                             
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Karl Chmieloski                                                                                                   
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Anna Elizabeth Dube                                                                                               
By Representative Rauscher                                                                                                      
                                                                                                                                
In Memoriam - Arthur Milton Wikle, Jr.                                                                                          
By Representative Rauscher                                                                                                      
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HR 7                                                                                                                          
HOUSE RESOLUTION NO. 7 by Representative Tuck:                                                                                  
                                                                                                                                
    Proclaiming March 2021 as Brain Injury Awareness Month.                                                                     
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
Committee.                                                                                                                      
                                                                                                                                
HCR 3                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 3 by Representative                                                                             
Stutes:                                                                                                                         
                                                                                                                                
    Proposing amendments to the Uniform Rules of the Alaska State                                                               
    Legislature providing that the 2020 edition of "Mason's Manual of                                                           
    Legislative Procedure" shall implement the rules; and providing                                                             
    for an effective date for the amendments.                                                                                   
                                                                                                                                
was read the first time and referred to the Rules Committee.                                                                    
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 121                                                                                                                        
HOUSE BILL NO. 121 by Representatives Fields and Spohnholz,                                                                     
entitled:                                                                                                                       

2021-03-03                     House Journal                      Page 0264
    "An Act relating to education tax credits for certain payments and                                                          
    contributions for child care and child care facilities; and providing                                                       
    for an effective date."                                                                                                     
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 122                                                                                                                        
HOUSE BILL NO. 122 by Representatives Tarr and Drummond,                                                                        
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to gun violence protective orders; relating to the                                                         
    crime of violating a protective order; relating to a central registry                                                       
    for protective orders; requiring physicians, psychologists,                                                                 
    psychological associates, social workers, marital and family                                                                
    therapists, and licensed professional counselors to report annually                                                         
    threats of gun violence; relating to the powers of district judges                                                          
    and magistrates; amending Rules 4 and 65, Alaska Rules of Civil                                                             
    Procedure, and Rule 9, Alaska Rules of Administration; and                                                                  
    providing for an effective date."                                                                                           
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 123                                                                                                                        
HOUSE BILL NO. 123 by Representatives Zulkosky, Kreiss-                                                                         
Tomkins, and Drummond, entitled:                                                                                                
                                                                                                                                
    "An Act providing for state recognition of federally recognized                                                             
    tribes; and providing for an effective date."                                                                               
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Tribal Affairs and the State Affairs Committee.                                                                                 
                                                                                                                                
HB 124                                                                                                                        
HOUSE BILL NO. 124 by Representative Carpenter, entitled:                                                                       
                                                                                                                                
    "An Act relating to filling a vacancy in the legislature by                                                                 
    appointment."                                                                                                               
                                                                                                                                

2021-03-03                     House Journal                      Page 0265
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House approve the citations on the calendar. There being no objection,                                                          
the following citations were approved and sent to enrolling:                                                                    
                                                                                                                                
Honoring - Homer High School Mariners Hockey                                                                                    
By Representative Vance; Senator Stevens                                                                                        
                                                                                                                                
In Memoriam - Louis F. Gaudreau                                                                                                 
By Senator Kawasaki; Representative LeBon                                                                                       
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
                           SENSE OF THE HOUSE                                                                                
                                                                                                                                
The following sense of the house was offered by Representative                                                                  
Vance:                                                                                                                          
                                                                                                                                
"It is the sense of the house that comments made during special orders                                                          
of the thirty-seventh legislative day's floor session brought discredit                                                         
upon the House of Representatives, and that no member should be                                                                 
objectivized on the House Floor, and that such comments should never                                                            
again be uttered on the House Floor by any member."                                                                             
                                                                                                                                
Representative Vance moved and asked unanimous consent that the                                                                 
Sense of the House be adopted.                                                                                                  
                                                                                                                                
The Speaker referred the Sense of the House to the Community &                                                                  
Regional Affairs Committee.                                                                                                     
                                                                                                                                
The Speaker stated that the House would recess until 4:00 p.m.; and                                                             
so, the House recessed at 11:11 a.m.                                                                                            
                                                                                                                                
                                                                                                                                

2021-03-03                     House Journal                      Page 0266
                              AFTER RECESS                                                                                   
                                                                                                                                
The Speaker called the House back to order at 4:18 p.m.                                                                         
                                                                                                                                
**The presence of Representative Gillham was noted.                                                                             
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
The Speaker removed the Community & Regional Affairs Committee                                                                  
referral from the Sense of the House.                                                                                           
                                                                                                                                
Representative Vance moved and asked unanimous consent that the                                                                 
Sense of the House be withdrawn until March 5. There being no                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
HB 10                                                                                                                         
The Speaker reversed the committee referrals for the following:                                                                 
                                                                                                                                
    HOUSE BILL NO. 10                                                                                                           
    "An Act relating to the Funter Bay marine park unit of the state                                                            
    park system; relating to protection of the social and historical                                                            
    significance of the Unangax^ cemetery located in Funter Bay;                                                                
    providing for the amendment of the management plan for the                                                                  
    Funter Bay marine park unit; and providing for an effective date."                                                          
                                                                                                                                
HB 10 was referred to the House Special Committee on Tribal Affairs                                                             
with further referral to the Resources Committee.                                                                               
                                                                                                                                
HB 36                                                                                                                         
The Speaker removed the Finance Committee referral for the                                                                      
following:                                                                                                                      
                                                                                                                                
    HOUSE BILL NO. 36                                                                                                           
    "An Act relating to an application for a license to operate as a                                                            
    dealer in motor vehicles; and requiring a dealer in motor vehicles                                                          
    to maintain liability and property insurance."                                                                              
                                                                                                                                
HB 36 is in the Labor & Commerce Committee.                                                                                     
                                                                                                                                
                                                                                                                                

2021-03-03                     House Journal                      Page 0267
SCR 1                                                                                                                         
The Speaker removed the Community & Regional Affairs and State                                                                  
Affairs Committee referrals and added a Rules Committee referral to                                                             
the following:                                                                                                                  
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 1 am                                                                                       
    Suspending Rules 24(a) and 34(c), Uniform Rules of the Alaska                                                               
    State Legislature, in response to the COVID-19 pandemic;                                                                    
    authorizing the presiding officers to allow members to attend a                                                             
    session by videoconference or teleconference in certain                                                                     
    circumstances related to the COVID-19 pandemic; and relating to                                                             
    sessions where members are authorized to attend a session by                                                                
    videoconference or teleconference.                                                                                          
                                                                                                                                
SCR 1 was referred to the Rules Committee.                                                                                      
                                                                                                                                
The Speaker made the following appointments:                                                                                    
                                                                                                                                
HR 3                                                                                                                          
House Special Committee on Fisheries: Tarr replaced Stutes as Chair;                                                            
Stutes changed to member                                                                                                        
                                                                                                                                
HB 55                                                                                                                         
Representative Claman added as a cosponsor to:                                                                                  
                                                                                                                                
    HOUSE BILL NO. 55                                                                                                           
    "An Act relating to participation of certain peace officers and                                                             
    firefighters in the defined benefit and defined contribution plans of                                                       
    the Public Employees' Retirement System of Alaska; relating to                                                              
    eligibility of peace officers and firefighters for medical, disability,                                                     
    and death benefits; relating to liability of the Public Employees'                                                          
    Retirement System of Alaska; and providing for an effective                                                                 
    date."                                                                                                                      
                                                                                                                                
HB 108                                                                                                                        
Representatives McCabe and Rauscher removed as cosponsors and                                                                   
Representative Kreiss-Tomkins added as a cosponsor to:                                                                          
                                                                                                                                
    HOUSE BILL NO. 108                                                                                                          
    "An Act relating to concurrent vocational education, training, and                                                          
    on-the-job trade experience programs for students enrolled in                                                               

2021-03-03                     House Journal                      Page 0268
    public secondary schools; relating to child labor; and providing                                                            
    for an effective date."                                                                                                     
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
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., March 5.  There being no objection,                                                             
the House adjourned at 4:29 p.m.                                                                                                
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk