Legislature(2021 - 2022)
2021-05-06 House Journal
Full Journal pdf2021-05-06 House Journal Page 0891 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE FIRST SESSION Juneau, Alaska Thursday May 6, 2021 One Hundred Eighth Day Pursuant to adjournment the House was called to order by Speaker Stutes at 10:31 a.m. Roll call showed 37 members present. Representative Hopkins had been excused from a call of the House today. Representatives Tarr and Zulkosky were absent, and their presence was noted later. The invocation was offered by the Chaplain, Representative Fields. 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 all religious beliefs, I offer the following prayer from the US Conference of Catholic Bishops: Creator God, Thank you for providing us with the gift to share our talents. Provide our community, our nation, our world the fortitude to provide work for all which is decent and fair. Make us faithful stewards of your creation to enhance the human dignity of our global family. We ask this in the name of Jesus, who lives and reigns with you and the Holy Spirit now and forever. Amen. 2021-05-06 House Journal Page 0892 The Pledge of Allegiance was led by Representative Tilton. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 107th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated May 5 was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 71 CS FOR SENATE BILL NO. 71(FIN) by the Senate Finance Committee, entitled: "An Act relating to special request registration plates celebrating the arts; relating to artwork in public buildings and facilities; relating to the management of artwork under the art in public places fund; relating to the powers and duties of the Alaska State Council on the Arts; establishing the Alaska arts and cultural investment fund; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. SB 101 CS FOR SENATE BILL NO. 101(FIN) by the Senate Finance Committee, entitled: "An Act relating to the membership of the Citizens' Advisory Commission on Federal Management Areas in Alaska; extending the termination date of the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." 2021-05-06 House Journal Page 0893 was read the first time and referred to the Resources and Finance Committees. SB 122 SENATE BILL NO. 122 by Senators Reinbold, Costello, Hughes, Holland, Shower, and Micciche, entitled: "An Act relating to the definition of 'victim.'" was read the first time and referred to the Judiciary Committee. COMMUNICATIONS The following were received: Dept. of Administration Monetary Terms of Agreement between the State and the Alaska Correctional Officers Association May 4, 2021 (as required by AS 23.40.215) Dept. of Administration Monetary Terms of Agreement between the State and the Alaska Public Employees Association May 4, 2021 (as required by AS 23.40.215) The Speaker referred the monetary terms to the Finance Committee. REPORTS OF STANDING COMMITTEES HCR 2 The Resources Committee considered: HOUSE CONCURRENT RESOLUTION NO. 2 Supporting the Alaska Ocean Cluster in its mission, efforts, and vision for a vibrant coastal economy in the state, its promotion of a diversified and resilient state economy that creates value from ocean resources, and its building of a statewide integrated ecosystem of innovation and entrepreneurship relating to the state's ocean economy. 2021-05-06 House Journal Page 0894 The report was signed by Representative Patkotak, Chair, with the following individual recommendations: Do pass (3): Fields, Hannan, Schrage No recommendation (5): McKay, Cronk, Rauscher, Gillham, Patkotak The following fiscal note(s) apply: 1. Zero, Legislative Affairs Agency HCR 2 was referred to the Rules Committee. **The presence of Representatives Tarr and Zulkosky was noted. HJR 19 The Labor & Commerce Committee considered: HOUSE JOINT RESOLUTION NO. 19 Supporting widespread infrastructure investment in the state. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 19(L&C) (same title) The report was signed by Representatives Fields and Spohnholz, Co- chairs, with the following individual recommendations: Do pass (6): Schrage, McCarty, Snyder, Nelson, Fields, Spohnholz The following fiscal note(s) apply to CSHJR 19(L&C): 1. Zero, House Labor & Commerce Committee HJR 19 was referred to the Rules Committee. HB 5 The State Affairs Committee considered: 2021-05-06 House Journal Page 0895 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5 "An Act relating to sexual abuse of a minor; relating to sexual assault; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5(STA) (same title) The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (1): Tarr Amend (5): Vance, Story, Eastman, Kaufman, Kreiss-Tomkins The following fiscal note(s) apply to CSSSHB 5(STA): 1. Indeterminate, Dept. of Administration 2. Indeterminate, Dept. of Administration 3. Indeterminate, Alaska Judiciary System 4. Indeterminate, Dept. of Corrections 5. Fiscal, Dept. of Law 6. Fiscal, Dept. of Public Safety 7. Fiscal, Dept. of Public Safety SSHB 5 was referred to the Judiciary Committee. HB 148 The Resources Committee considered: HOUSE BILL NO. 148 "An Act relating to the Alaska Coordinate System of 2022." The report was signed by Representative Patkotak, Chair, with the following individual recommendations: 2021-05-06 House Journal Page 0896 Do pass (4): Schrage, Gillham, Cronk, McKay Do not pass (1): Rauscher No recommendation (1): Fields Amend (2): Hannan, Patkotak The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources HB 148 was referred to the Rules Committee. SB 28 The State Affairs Committee considered: CS FOR SENATE BILL NO. 28(STA) "An Act establishing April 24 of each year as Vic Fischer and Jack Coghill Constitution of the State of Alaska Day; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 28(STA) (same title) The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (5): Claman, Story, Kaufman, Tarr, Kreiss-Tomkins No recommendation (2): Eastman, Vance The following fiscal note(s) apply to HCS CSSB 28(STA): 1. Zero, Office of the Governor/Combined 3. Zero, Office of the Governor/Various Depts. CSSB 28(STA) was referred to the Rules Committee. 2021-05-06 House Journal Page 0897 REPORTS OF SPECIAL COMMITTEES HB 189 The House Special Committee on Ways & Means considered: HOUSE BILL NO. 189 "An Act imposing an education tax on net earnings from self- employment and wages; relating to the administration and enforcement of the education tax; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 189(W&M) (same title) The report was signed by Representative Spohnholz, Chair, with the following individual recommendations: Do pass (5): Schrage, Josephson, Story, Wool, Spohnholz The following fiscal note(s) apply to CSHB 189(W&M): 1. Fiscal, Dept. of Revenue HB 189 was referred to the Education Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kenneth McCoy By Representatives Schrage, Spohnholz; Senator Revak In Memoriam - Joseph Fred Demantle, Jr. By Representative Zulkosky; Senator Hoffman 2021-05-06 House Journal Page 0898 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 5 HOUSE CONCURRENT RESOLUTION NO. 5 by the House Health and Social Services Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 65, relating to immunity for consulting physicians, podiatrists, osteopaths, advanced practice registered nurses, physician assistants, chiropractors, dentists, optometrists, and pharmacists. was read the first time. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 205 HOUSE BILL NO. 205 by Representative McKay, entitled: "An Act reserving to the state the authority to regulate pesticides; restricting the authority of local governments to regulate pesticides; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 22 The following was read the second time: HOUSE BILL NO. 22 "An Act relating to shared animal ownership; and relating to the sharing and sale of raw milk and raw milk products." 2021-05-06 House Journal Page 0899 with the: Journal Page CRA RPT 6DP 1NR 540 FN1: ZERO(DEC) 540 RES RPT 6DP 1NR 2AM 668 FN1: ZERO(DEC) 668 Amendment No. 1 was offered by Representatives Rauscher, Tilton, and Eastman: Page 1, line 1 (title amendment): Delete "and sale" Page 2, line 6: Delete all material. Reletter the following subsections accordingly. Representative Rauscher moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection Amendment No. 1 was adopted, and the new title follows: HOUSE BILL NO. 22 am "An Act relating to shared animal ownership; and relating to the sharing of raw milk and raw milk products." Amendment No. 2 was offered by Representative Kurka: Page 1, lines 9 - 10: Delete "with other owners of the animal" Insert "as authorized under this section" Page 1, line 13, following "animal": Insert "or with a family member or friend of the part owner" Page 1, line 14, following "owner": Insert ", family member, or friend" 2021-05-06 House Journal Page 0900 Page 2, line 5, following the second occurrence of "owner": Insert "or from one owner to a family member or friend of that owner" Representative Kurka moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rauscher objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 22 am Second Reading Amendment No. 2 YEAS: 2 NAYS: 37 EXCUSED: 1 ABSENT: 0 Yeas: Eastman, Kurka Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Hopkins And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 2, following line 13: Insert a new paragraph to read: "(3)"share" in this section refers to ownership interest and not consumption." Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Tarr objected. 2021-05-06 House Journal Page 0901 Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that HB 22 am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 22 am was read the third time. Representative McCabe moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and he was required to vote. The question being: "Shall HB 22 am pass the House?" The roll was taken with the following result: HB 22 am Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman Excused: Hopkins And so, HB 22 am passed the House and was referred to the Chief Clerk for engrossment. HB 133 The following was read the second time: HOUSE BILL NO. 133 "An Act relating to the Alaska savings program for eligible individuals; relating to education savings programs; relating to the 2021-05-06 House Journal Page 0902 Education Trust of Alaska; relating to the Alaska advance college tuition savings fund; relating to the Alaska education savings program for children; and relating to the Governor's Council on Disabilities and Special Education." with the: Journal Page L&C RPT CS(L&C) 6DP 1NR 424 FN1: ZERO(DHS) 424 FN2: ZERO(UA) 424 HSS RPT CS(L&C) 5DP 1NR 716 FN1: ZERO(DHS) 716 FN2: ZERO(UA) 716 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 133(L&C) "An Act relating to the Alaska savings program for eligible individuals; relating to education savings programs; relating to the Education Trust of Alaska; relating to the Alaska advance college tuition savings fund; relating to the Alaska education savings program for children; and relating to the Governor's Council on Disabilities and Special Education." There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 133(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 133(L&C) will advance to third reading on tomorrow's calendar. HB 192 The following was read the second time: 2021-05-06 House Journal Page 0903 HOUSE BILL NO. 192 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." with the: Journal Page CRA RPT 4DP 3AM 868 FN1: ZERO(CED) 868 Amendment No. 1 was offered by Representative McCabe: Page 1, line 6: Delete "2031" Insert "2026" Representative McCabe moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Schrage objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 192 Second Reading Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McCarty, McKay, Merrick, Nelson, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Josephson, Kreiss-Tomkins, LeBon, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Hopkins And so, Amendment No. 1 was not adopted. 2021-05-06 House Journal Page 0904 Representative Tuck moved and asked unanimous consent that HB 192 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 192 was read the third time. The Speaker stated that, without objection, the House would recess until 1:00 p.m.; and so, the House recessed at 11:58 a.m. AFTER RECESS The Speaker called the House back to order at 1:00 p.m. SECOND READING OF HOUSE BILLS HB 192 The following was before the house in third reading: HOUSE BILL NO. 192 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." The question being: "Shall HB 192 pass the House?" The roll was taken with the following result: HB 192 Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman Excused: Hopkins And so, HB 192 passed the House. 2021-05-06 House Journal Page 0905 Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There was objection. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 192 Third Reading Effective Date YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Gillham, Hannan, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Hopkins And so, the effective date clause was adopted. HB 192 was referred to the Chief Clerk for engrossment. 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 - Challenge Alaska By Representative Kaufman; Senator Holland Honoring - Dimond High School Lady Lynx Flag Football Team, Cook Inlet Conference Champions By Representatives Rasmussen, Claman; Senator Costello 2021-05-06 House Journal Page 0906 Honoring - Juneau School District Health Team By Representatives Story, Hannan; Senator Kiehl In Memoriam - Peter Ray Isackson By Representative Rauscher; Senator Shower In Memoriam - Edward Allen Todd By Representative Rauscher; Senator Shower In Memoriam - Jamesena Evelyn Taylor By Senators Wielechowski, Gray-Jackson UNFINISHED BUSINESS HB 5 The Speaker added a Finance Committee referral for the following: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 5 "An Act relating to sexual abuse of a minor; relating to sexual assault; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; and providing for an effective date." SSHB 5 is in the Judiciary Committee with further referral to the Finance Committee. SB 12 The Speaker removed the State Affairs Committee referral and added a House Special Committee on Military & Veterans' Affairs referral for the following: SENATE BILL NO. 12 "An Act relating to temporary courtesy licenses for military spouses; and relating to the Department of Commerce, Community, and Economic Development." SB 12 was referred to the House Special Committee on Military & Veterans' Affairs with further referral to the Labor & Commerce Committee. 2021-05-06 House Journal Page 0907 HR 8 Representative Drummond added as a cosponsor to: HOUSE RESOLUTION NO. 8 Creating the House Task Force on Poverty and Opportunity. HJR 9 Representative Spohnholz added as a cosponsor to: HOUSE JOINT RESOLUTION NO. 9 Proposing an amendment to the Constitution of the State of Alaska relating to actions upon veto. HB 22 Representatives McCabe, Schrage, Drummond, and Gillham added as cosponsors to: HOUSE BILL NO. 22 am "An Act relating to shared animal ownership; and relating to the sharing of raw milk and raw milk products." HB 38 Representative Spohnholz added as a cosponsor to: HOUSE BILL NO. 38 "An Act relating to the Alaska Police Standards Council; relating to the Department of Public Safety; and providing for an effective date." HB 85 Representatives Merrick and Rasmussen added as cosponsors to: HOUSE BILL NO. 85 "An Act relating to the Alaska Banking Code; relating to mutual savings banks; relating to interstate state banks and international banks; relating to the pledging of bank assets as collateral security to tribal organizations; relating to the pledging of bank assets for interest swap agreements; relating to state business licenses; relating to persons who make loans secured by interests in vessels or facilities; relating to liability for the release or threatened 2021-05-06 House Journal Page 0908 release of hazardous substances; relating to the Model Foreign Bank Loan Act; and providing for an effective date." HB 125 Representative Spohnholz added as a cosponsor to: HOUSE BILL NO. 125 "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 deceased service members and veterans; and relating to employment preferences for disabled veterans and former prisoners of war." HB 146 Representative Spohnholz added as a cosponsor to: HOUSE BILL NO. 146 "An Act relating to disclosure of information regarding employee compensation by employers, employees, and applicants for employment; establishing the fund for protection of compensation disclosure rights; and providing for an effective date." HB 156 Representative McCarty added as a cosponsor to: HOUSE BILL NO. 156 "An Act relating to industrial hemp; and providing for an effective date." HB 192 Representatives Patkotak, Fields, Spohnholz, Josephson, Tuck, and Tarr added as cosponsors to: HOUSE BILL NO. 192 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." 2021-05-06 House Journal Page 0909 HB 198 Representative Edgmon added as a cosponsor to: HOUSE BILL NO. 198 "An Act establishing September 10 as Alaska Community Health Aide Appreciation Day." SB 21 Representative Nelson added as a cross sponsor to: SENATE BILL NO. 21 "An Act relating to mobile intensive care paramedics; relating to duties of the State Medical Board and the Department of Health and Social Services; and providing for an effective date." SB 95 Representative Johnson added as a cross sponsor to: CS FOR SENATE BILL NO. 95(STA) "An Act relating to the right of first refusal of a volunteer search and rescue group with respect to obsolete or surplus state property." SB 122 Representative Tuck added as a cross sponsor to: SENATE BILL NO. 122 "An Act relating to the definition of 'victim.'" ENGROSSMENT HB 22 HB 22 am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 192 HB 192 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2021-05-06 House Journal Page 0910 ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: House Special Committee on Ways & Means CANCELED ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:30 a.m., May 7. There being no objection, the House adjourned at 1:33 p.m. Crystaline Jones Chief Clerk