Legislature(2021 - 2022)
2021-10-04 House Journal
Full Journal pdf2021-10-04 House Journal Page 1525 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE FOURTH SPECIAL SESSION Juneau, Alaska Monday October 4, 2021 First Day Pursuant to the Governor's proclamation dated September 14 and amended September 28 calling the legislature into special session, the House was called to order by Speaker Stutes at 4:16 p.m. Roll call showed 33 members present. Representative Zulkosky had been excused from a call of the House today. Representative McCabe was absent, and later excused (page 1530). Representative Tuck 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 Kurka – today Representative Josephson – from today to 10:00 p.m., October 12 Representative Merrick – from today to 9:00 p.m., October 15 Representative Patkotak – from today to 10:00 p.m., October 8 Representative Story – from today to 10:00 p.m., October 25 The invocation was offered by the Chaplain, Representative Tarr. Representative Thompson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. 2021-10-04 House Journal Page 1526 With the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer: Let us start this prayer with feelings of gratitude for the gift of another day. A day that we remember the blessing of our friends and loved ones. A day that we can appreciate all of the beauty around us. A day that we can work hard for ourselves, for our friends and families, our communities, and our state. A day with unlimited possibilities. Let us be inspired by the words of Katherine Center, who said, we are at our finest when we take care of each other. As we continue to navigate these difficult times, please help us to remember what a honor it is to work in service to others. Please fill our hearts with generosity and patience to face these challenges. Please help us find ways to help and support one another. Alaskans are looking to us, as their state leaders, to find ways to come together for the betterment of all Alaskans. Help us find ways to come together. We ask for wisdom and guidance as we make important decisions. Let us also be inspired by the words of Nelson Mandela, who said, there can be no keener revelation of a society’s soul than the way in which it treats its children. Please help us to remember that our children are watching, and we are setting the example. Please help us show kindness so they will know to show kindness. Please let us show respect to each other so they will know how important it is to be respectful to one another. Please let us show forgiveness so they will know the power of forgiveness. Please let us act with grace so they will know to give others grace. We pray for our neighbors, friends, and family that are sick and pray for their recovery and healing. We pray for our health care workers and for their continued health and strength as they continue to do the hard work of getting us through this pandemic. 2021-10-04 House Journal Page 1527 We pray for the safety of all Alaskans, we pray to ease pain and worry, and for brighter days ahead. Amen. The Pledge of Allegiance was led by Representative Johnson. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 28th, 29th, and 30th legislative days of the Third Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR The following Governor's proclamation dated September 14 was received: "Under the authority of Article II, Section 9, and Article III, Section 17, Constitution of the State of Alaska, and in the public interest, I call the Thirty-Second Legislature of the State of Alaska into its fourth special session, in the legislative chambers in Juneau, Alaska at 10:00 a.m., on October 1, 2021, to consider the following subjects: • An act or acts relating to a fiscal plan. Sincerely, /s/ Mike Dunleavy Governor" The following Governor's proclamation dated September 28 was read: "Under the authority of Article II, Section 9, and Article III, Section 17, Constitution of the State of Alaska, and in the public interest, I hereby amend my proclamation of September 14, 2021, calling the Thirty-Second Legislature of the State of Alaska into a special session as follows: 2021-10-04 House Journal Page 1528 The Thirty-Second Legislature of the State of Alaska is called into its fourth special session, at Juneau, Alaska, in the legislative chambers, on October 4, 2021, at 2:00 p.m., to consider the following subjects: • An act making appropriations for a supplemental 2021 Permanent Fund Dividend for eligible Alaskans; • An act or acts relating to the Permanent Fund Dividend program; • SJR 6, HJR 7, or similar resolutions proposing amendments to the Constitution of the State of Alaska relating to the Alaska Permanent Fund; • SJR 5, HJR 6, or similar resolutions or acts proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit; • An act or acts relating to measures to increase state revenues. Sincerely, /s/ Mike Dunleavy Governor" HB 3003 A message dated September 15 was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 3003(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; making capital appropriations and supplemental appropriations; and providing for an effective date." Chapter No. 1, TSSLA 2021 Effective Date: See Chapter SB 12 A message dated September 14 was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2021-10-04 House Journal Page 1529 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." Chapter No. 34, SLA 2021 Effective Date: December 13, 2021 MESSAGES FROM THE SENATE HB 3003 A message dated September 14 was read stating the Senate passed: CS FOR HOUSE BILL NO. 3003(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; making capital appropriations and supplemental appropriations; and providing for an effective date." CSHB 3003(FIN) am(brf sup maj fld) was referred to the Chief Clerk for enrollment. COMMUNICATIONS Letters of disclosure received from the Select Committee on Legislative Ethics, as required by AS 24.60, were published in House Journal Supplement No. 6 and Senate and House Joint Journal Supplement No. 7. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 401 HOUSE CONCURRENT RESOLUTION NO. 401 by Representative Stutes: Authorizing the House of Representatives and the Senate to recess for a period of more than three days; requiring the House of Representatives and the Senate to convene on at least one additional calendar day on or before October 21, 2021, during the 2021-10-04 House Journal Page 1530 Fourth Special Session; and authorizing the presiding officers to convene their respective bodies as needed during the Fourth Special Session of the Thirty-Second Alaska State Legislature. was read the first time and it was before the House. Amendment No. 1 was offered by Representative McCarty: Page 2, following line 9: Insert "FURTHER RESOLVED by the Alaska State Legislature that the bills submitted according to the call of the Fourth Special Session shall be heard and given an up or down vote in committees and in the full floors of the Legislature." Representative McCarty moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative McCarty moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that Representative McCabe be excused from today to 8:00 a.m., October 8. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Carpenter: Page 1, line 3 (title amendment): Delete "21" Insert "12" Page 2, line 5: Delete "21" Insert "12" Representative Carpenter moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, Amendment No. 2 was adopted and the new title follows: 2021-10-04 House Journal Page 1531 HOUSE CONCURRENT RESOLUTION NO. 401 am Authorizing the House of Representatives and the Senate to recess for a period of more than three days; requiring the House of Representatives and the Senate to convene on at least one additional calendar day on or before October 12, 2021, during the Fourth Special Session; and authorizing the presiding officers to convene their respective bodies as needed during the Fourth Special Session of the Thirty-Second Alaska State Legislature. The question being: "Shall HCR 401 am pass the House?" The roll was taken with the following result: HCR 401 am Second Reading Final Passage YEAS: 28 NAYS: 4 EXCUSED: 7 ABSENT: 1 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Kaufman, Kreiss-Tomkins, LeBon, McCarty, McKay, Nelson, Ortiz, Prax, Rasmussen, Schrage, Shaw, Snyder, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool Nays: Cronk, Eastman, Johnson, Rauscher Excused: Josephson, Kurka, McCabe, Merrick, Patkotak, Story, Zulkosky Absent: Spohnholz And so, HCR 401 am passed the House and was referred to the Chief Clerk for engrossment. HJR 401 HOUSE JOINT RESOLUTION NO. 401 by Representative Kaufman: Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit; and relating to the budget reserve fund. was read the first time and referred to the Judiciary Committee, the House Special Committee on Ways & Means, and the Finance Committee. 2021-10-04 House Journal Page 1532 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 4001 HOUSE BILL NO. 4001 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for the operating expenses of state government and for certain programs; capitalizing funds; making supplemental appropriations; and providing for an effective date." was read the first time and referred to the House Special Committee on Ways & Means and the Finance Committee. The Governor's transmittal letter dated October 1 follows: "Dear Speaker Stutes: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill making appropriations for a supplemental 2021 Permanent Fund Dividend for eligible Alaskans. This bill includes a $795.6 million appropriation from the Permanent Fund Earnings Reserve Account to complete the payment of the 2021 Permanent Fund Dividend. This would make the dividend payment equal to 50 percent of the FY22 percent of market value draw from the Permanent Fund; providing a total dividend payment of approximately $2,350 per eligible Alaskan. The Alaska Permanent Fund Corporation closed its fiscal year on June 30 at an all-time high of $81.1 billion following a 29.7 percent annual return; a record strong performance. The earnings reserve account alone totaled $21 billion at year end. I look forward to working with you on the timely enactment of the completion of the 2021 Permanent Fund Dividend appropriation. Sincerely, /s/ Mike Dunleavy Governor" 2021-10-04 House Journal Page 1533 HB 4002 HOUSE BILL NO. 4002 by the House Special Committee on Ways and Means, entitled: "An Act relating to nonrefundable tax credits against the oil and gas production tax; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 4003 HOUSE BILL NO. 4003 by the House Special Committee on Ways and Means, entitled: "An Act relating to use of income of the Alaska permanent fund; relating to the amount of the permanent fund dividend; relating to the duties of the commissioner of revenue; and providing for an effective date." was read the first time and referred to the House Special Committee on Ways & Means and the Finance Committee. HB 4004 HOUSE BILL NO. 4004 by Representative Tarr, entitled: "An Act relating to the oil and gas production tax; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 4005 HOUSE BILL NO. 4005 by Representatives Tarr and Drummond, entitled: "An Act relating to a state sales and use tax; authorizing the Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement; and providing for an effective date." was read the first time and referred to the House Special Committee on Ways & Means and the Finance Committee. 2021-10-04 House Journal Page 1534 HB 4006 HOUSE BILL NO. 4006 by Representative Kaufman, entitled: "An Act relating to an appropriation limit; relating to the budget responsibilities of the governor; and providing for an effective date." was read the first time and referred to the Judiciary Committee, the House Special Committee on Ways & Means, and the Finance Committee. UNFINISHED BUSINESS Representative Tuck 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 Josephson – from 8:00 a.m., December 12 to 10:00 p.m., January 4 Representative Kreiss-Tomkins – from 8:00 p.m., October 4 to 8:00 p.m., October 8 Representative Stutes – from: 2:00 p.m., November 1 to 4:00 p.m., November 6 7:00 a.m., November 16 to 4:00 p.m., November 20 Representative Thompson – from 6:00 a.m., October 8 to 10:00 p.m., October 20 (amended from page 1461) Representative Tuck – from 2:00 p.m., October 30 to 4:00 p.m., November 6 SENSE OF THE HOUSE The following Sense of the House was offered by Representative Eastman: "It is the sense of the house that the Physicians Declaration, adopted by the International Alliance of Physicians and Medical Scientists in September 2021, and signed by more than 10,000 doctors and scientists, cannot be ignored." 2021-10-04 House Journal Page 1535 Representative Eastman moved that the Sense of the House be adopted. The Speaker referred the Sense of the House to the Health & Social Services and Judiciary Committees. Representative Eastman objected. Representative Tuck placed a call of the House. The call was satisfied. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: Sense of the House Refer to Health & Social Services and Judiciary Committees Sustain Ruling of the Chair YEAS: 21 NAYS: 12 EXCUSED: 7 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Kreiss-Tomkins, LeBon, Nelson, Ortiz, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Stutes, Tarr, Thompson, Tuck, Wool Nays: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, McCarty, McKay, Prax, Rauscher, Tilton, Vance Excused: Josephson, Kurka, McCabe, Merrick, Patkotak, Story, Zulkosky And so, the Sense of the House was referred to the Health & Social Services and Judiciary Committees. UNFINISHED BUSINESS HB 88 Representative Drummond added as a cosponsor to: HOUSE BILL NO. 88 "An Act relating to an annual report concerning the payment of equal pay for comparable work; increasing the minimum wage; and providing for an effective date." 2021-10-04 House Journal Page 1536 ENGROSSMENT HCR 401 HCR 401 am was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ENROLLMENT HB 3003 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:27 a.m., September 15: CS FOR HOUSE BILL NO. 3003(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; making capital appropriations and supplemental appropriations; and providing for an effective date." The following memorandum dated September 15 was received from Lora Brown, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 3003(FIN) am(brf sup maj fld), which have been corrected in enrolling: Page 13, line 14, following "Subtitle A": Insert "- Education Matters" Page 13, line 22, following "Testing": Insert ", Part 2" Page 14, line 31: Delete "section" Insert "paragraph" 2021-10-04 House Journal Page 1537 Page 15, line 12: Delete "by" Insert "in"" ANNOUNCEMENTS Uniform Rule 23(d) is in effect. House committee schedules are published under separate cover. The following meeting today was changed: Legislative Council CHANGED TO: 11:00 a.m., October 5 ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 2:00 p.m., October 8. Representative Eastman objected and moved to amend the motion to 10:00 a.m., October 6. The question being: "Shall the House adjourn to 10:00 a.m., October 6?" The roll was taken with the following result: Adjourn To 10:00 am October 6 YEAS: 13 NAYS: 19 EXCUSED: 7 ABSENT: 1 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, McCarty, McKay, Nelson, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Kreiss-Tomkins, LeBon, Ortiz, Prax, Rasmussen, Schrage, Snyder, Stutes, Tarr, Thompson, Tuck, Wool Excused: Josephson, Kurka, McCabe, Merrick, Patkotak, Story, Zulkosky Absent: Spohnholz And so, the motion failed. 2021-10-04 House Journal Page 1538 Representative Eastman maintained the objection to the motion to adjourn to 2:00 p.m., October 8. The question being: "Shall the House adjourn to 2:00 p.m., October 8?" The roll was taken with the following result: Adjourn To 2:00 pm October 8 YEAS: 31 NAYS: 2 EXCUSED: 7 ABSENT: 0 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Kaufman, Kreiss-Tomkins, LeBon, McCarty, Nelson, Ortiz, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool Nays: Eastman, McKay Excused: Josephson, Kurka, McCabe, Merrick, Patkotak, Story, Zulkosky And so, the House adjourned at 6:30 p.m. Crystaline Jones Chief Clerk 2021-10-04 House Journal Page 1539 HOUSE JOURNAL INDEX HB 88 1535 HB3003 1528, 1529, 1536-1537 HB4001 1532 HB4002 1533 HB4003 1533 HB4004 1533 HB4005 1533 HB4006 1534 HCR401 1529-1531, 1536 HJR401 1531 SB 12 1528-1529