Legislature(2021 - 2022)
2022-02-16 House Journal
Full Journal pdf2022-02-16 House Journal Page 1853 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 16, 2022 Thirtieth Day Pursuant to adjournment the House was called to order by Speaker Stutes at 10:04 a.m. Roll call showed 38 members present. Representative Carpenter was absent. Representative Tuck moved and asked unanimous consent that Representative Wool 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 Tarr. 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: Dear Lord, With today's prayer I want to think of all the things we can be grateful for: We are here, together, today, to do the work of the people. We are blessed to have the honor of representing the people and working in public service. We have our friends and family and colleagues. We live in a beautiful place and are blessed to 2022-02-16 House Journal Page 1854 do our work on Lingít Aaní — the traditional lands of the Tlingit peoples. While we are still coming through the pandemic, things are improving and we are hopeful this continues. We have opportunities for our state and are looking forward to plans for our future. We have all these reasons and so many more to be grateful for each and every day we have. Today we also have reason to honor and recognize the important work of Elizabeth Peratrovich as today is Elizabeth Peratrovich Day. It's been 77 years since the civil rights leader's transformational work brought about the passage of Alaska's Anti-Discrimination Act – the first of its kind in the United States. She is an inspiration to many and I hope we honor her and her work by continuing to work for a more equitable, respectful, and welcoming Alaska. I want to ask for special blessing for another woman, our own colleague Harriet Drummond, who is celebrating a special birthday today. We pray for her health and success in the coming year. While we have so much to be grateful for, we know that others are struggling and for those we pray for healing and support. We pray for safety for our health care workers, public safety professionals, and military women and men. We pray for a more peaceful world and for brighter days ahead for all. Amen. The Pledge of Allegiance was led by Representative Prax. CERTIFICATION OF THE JOURNAL Representative Tuck moved and asked unanimous consent that the journal for the 28th and 29th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 2022-02-16 House Journal Page 1855 MESSAGES FROM THE GOVERNOR SB 171 A message dated February 15 was read stating the Governor allowed the following bill to become law without signature and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 171 "An Act disapproving the recommendations of the State Officers Compensation Commission; and providing for an effective date." Chapter No. 1, SLA 2022 Effective Date: February 16, 2022 MESSAGES FROM THE SENATE A message dated February 15 was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 33 CS FOR SENATE BILL NO. 33(FIN) by the Senate Finance Committee, entitled: "An Act relating to a fisheries product development tax credit; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 158 The State Affairs Committee considered: HOUSE BILL NO. 158 "An Act relating to contributions from permanent fund dividends to the general fund." 2022-02-16 House Journal Page 1856 The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (2): Tarr, Kaufman Do not pass (1): Claman No recommendation (2): Story, Kreiss-Tomkins Amend (2): Vance, Eastman The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue HB 158 was referred to the Finance Committee. HB 245 The State Affairs considered: HOUSE BILL NO. 245 "An Act relating to political contribution limits; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 245(STA) (same title) The report was signed by Representative Kreiss-Tomkins, Chair, with the following individual recommendations: Do pass (1): Kreiss-Tomkins No recommendation (3): Claman, Tarr, Story Amend (3): Vance, Kaufman, Eastman The following fiscal note(s) apply to CSHB 245(STA): 2022-02-16 House Journal Page 1857 1. Zero, Dept. of Administration HB 245 was referred to the Rules Committee. HB 289 The Labor & Commerce Committee considered: HOUSE BILL NO. 289 "An Act establishing the Alaska marijuana industry task force; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 289(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, Nelson, Snyder, Fields, Spohnholz No recommendation (1): Kaufman The following fiscal note(s) apply to CSHB 289(L&C): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 289 was referred to the Finance Committee. HB 295 The Labor & Commerce Committee considered: HOUSE BILL NO. 295 "An Act relating to the practice of dentistry; relating to dental radiological equipment; and providing for an effective date." The report was signed by Representatives Spohnholz and Fields, Co- chairs, with the following individual recommendations: 2022-02-16 House Journal Page 1858 Do pass (5): Schrage, McCarty, Snyder, Spohnholz, Fields No recommendation (2): Kaufman, Nelson The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Health & Social Services HB 295 was referred to the Health & Social Services Committee. SB 11 The Labor & Commerce Committee considered: CS FOR SENATE BILL NO. 11(JUD) "An Act relating to community property and to community property trusts; and providing for an effective date." The report was signed by Representatives Spohnholz and Fields, Co- chairs, with the following individual recommendations: Do pass (5): Snyder, McCarty, Schrage, Spohnholz, Fields No recommendation (2): Nelson, Kaufman The following fiscal note(s) apply: 2. Zero, Alaska Judiciary System CSSB 11(JUD) was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mike Mosesian By Representative Kaufman; Senator Revak 2022-02-16 House Journal Page 1859 Honoring - The Forty-fifth Anniversary of Trans-Alaska Pipeline System Operations By Representatives Nelson, Rauscher; Senator Bishop Honoring - Miss America Emma Broyles By Senator Revak; Representatives Shaw, Rasmussen Honoring - Police Chief Kenneth McCoy By Senator Gray-Jackson; Representatives Drummond, Schrage In Memoriam - Luis Alonso Mendez By Senator Stevens; Representative Stutes INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 11 HOUSE CONCURRENT RESOLUTION NO. 11 by Representative Eastman: Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to employment of legislative employees. was read the first time and referred to the State Affairs Committee. HCR 12 HOUSE CONCURRENT RESOLUTION NO. 12 by Representative Eastman: Recognizing the public health crisis created by the accessibility and pervasiveness of pornography; and recognizing the need for education, prevention, research, and changes in public policy to address the harms caused by the accessibility and pervasiveness of pornography in communities in the state. was read the first time and referred to the State Affairs Committee. HJR 30 HOUSE JOINT RESOLUTION NO. 30 by Representative Eastman: 2022-02-16 House Journal Page 1860 Proposing an amendment to the Constitution of the State of Alaska prohibiting a religious test for public office. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. HJR 31 HOUSE JOINT RESOLUTION NO. 31 by Representative Eastman: Proposing an amendment to the Constitution of the State of Alaska relating to the membership of the judicial council. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. HJR 32 HOUSE JOINT RESOLUTION NO. 32 by Representative Nelson: Encouraging the United States Congress to establish hiring goals for apprentices and veteran apprentices. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HJR 33 HOUSE JOINT RESOLUTION NO. 33 by Representative Eastman: Proposing amendments to the Constitution of the State of Alaska relating to the lieutenant governor. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 324 HOUSE BILL NO. 324 by Representative Eastman, entitled: "An Act relating to an education program about victims of communism." 2022-02-16 House Journal Page 1861 was read the first time and referred to the Education and Finance Committees. HB 325 HOUSE BILL NO. 325 by Representative Rasmussen, entitled: "An Act relating to domestic violence." was read the first time and referred to the Judiciary Committee. HB 326 HOUSE BILL NO. 326 by Representative Eastman, entitled: "An Act relating to the right to a jury trial in cases involving termination of parental rights; and amending Rules 18(b), 18(e), and 18(g), Alaska Child in Need of Aid Rules of Procedure." was read the first time and referred to the Health & Social Services and Judiciary Committees. HB 327 HOUSE BILL NO. 327 by Representative Eastman, entitled: "An Act relating to the crimes of coercion and bribery involving legislators; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. HB 328 HOUSE BILL NO. 328 by Representative Gillham, entitled: "An Act relating to open enrollment in public schools." was read the first time and referred to the Community & Regional Affairs and Education Committees. HB 329 HOUSE BILL NO. 329 by Representative Gillham, entitled: 2022-02-16 House Journal Page 1862 "An Act establishing a scholarship program for certain students." was read the first time and referred to the Education and Finance Committees. HB 330 HOUSE BILL NO. 330 by Representative Gillham, entitled: "An Act relating to the instruction provided by public school employees and contractors." was read the first time and referred to the State Affairs and Education Committees. HB 331 HOUSE BILL NO. 331 by Representative Tuck, entitled: "An Act relating to self-storage facilities for personal property, including vehicles and watercraft; relating to the treatment of firearms, ammunition, and controlled substances found in self- storage units; distinguishing self-storage facility liens from another type of storage lien; and excluding self-storage liens from the treatment of certain unclaimed property." was read the first time and referred to the Judiciary and Labor & Commerce Committees. HB 332 HOUSE BILL NO. 332 by Representative Eastman, entitled: "An Act relating to the right of certain state employees to communicate with members and employees of the legislature." was read the first time and referred to the Judiciary and State Affairs Committees. HB 333 HOUSE BILL NO. 333 by Representative Kurka, entitled: "An Act extending the termination date of the Board of Certified Direct-Entry Midwives; and providing for an effective date." 2022-02-16 House Journal Page 1863 was read the first time and referred to the Labor & Commerce and Finance Committees. HB 334 HOUSE BILL NO. 334 by Representative Kurka, entitled: "An Act relating to midwives and the practice of midwifery; relating to apprentice midwives; relating to the licensing of midwives; relating to insurance requirements for the practice of midwifery; relating to fraternal benefit societies; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 335 HOUSE BILL NO. 335 by the House Rules Committee by request of the Governor, entitled: "An Act providing that Rampart School is located within the Yukon-Koyukuk School District regional educational attendance area; and providing for an effective date." was read the first time and referred to the Education Committee. The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development The Governor's transmittal letter dated February 15 follows: "Dear Speaker Stutes: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill allowing the Rampart School to become part of the Yukon Koyukuk School District (YKSD). The Rampart School is currently part of the Yukon Flats School District (YFSD). However, by mutual agreement, the YKSD has administered and operated the Rampart School for several years. The 2022-02-16 House Journal Page 1864 community of Rampart is culturally and historically aligned with the communities in the YKSD, and both school districts support placing the Rampart School in the YKSD. This legislation allows for maximum local participation with the YKSD School Board. Currently, parents of children at the Rampart School cannot participate in YKSD School Board elections. The proposed legislation will result in a boundary change between the two regional educational attendance areas (REAAs) thereby allowing parents of the Rampart School to participate in school board elections applicable to their community school. REAAs are part of the unorganized borough. Pursuant to Article X, Section 6 of the Alaska Constitution, the legislature serves as the assembly for the unorganized borough. Accordingly, the legislature is the appropriate entity to authorize allowing the Rampart School to become part of the YKSD. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor" HB 336 HOUSE BILL NO. 336 by Representative Eastman, entitled: "An Act relating to election ballots." was read the first time and referred to the State Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 54 The following was read the second time: 2022-02-16 House Journal Page 1865 HOUSE BILL NO. 54 "An Act establishing the Alaska Invasive Species Council in the Department of Fish and Game; relating to management of invasive species; relating to invasive species management decals; and providing for an effective date." with the: Journal Page FSH RPT CS(FSH) 7DP 543 FN1: ZERO(DEC) 543 FN2: (DFG) 543 RES RPT CS(FSH) 3DP 3DNP 3NR 687 FN1: ZERO(DEC) 687 FN2: (DFG) 687 FIN RPT CS(FIN) 4DP 3NR 1760 FN3: ZERO(GOV/COMBINED) 1760 FN4: (DFG) 1760 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. 54(FIN) (same title) Representative Eastman objected and withdrew the objection. There being no further objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 54(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 54(FIN) will advance to third reading on tomorrow's calendar. HB 111 The following was read the second time: HOUSE BILL NO. 111 "An Act relating to the practice of dental hygiene; relating to 2022-02-16 House Journal Page 1866 advanced practice permits for dental hygienists; relating to dental assistants; prohibiting unfair discrimination under group health insurance against a dental hygienist who holds an advanced practice permit; relating to medical assistance for dental hygiene services; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 7DP 521 FN1: (CED) 521 FN2: (DHS) 521 FIN RPT CS(FIN) 6DP 1NR 1761 FN3: (CED) 1761 FN4: (DHS) 1761 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. 111(FIN) (same title) Representative Eastman objected and withdrew the objection. There being no further objection, it was so ordered. Representative Tuck moved and asked unanimous consent that CSHB 111(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 111(FIN) will advance to third reading on tomorrow's calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 10 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 10 Proclaiming February 2022 as American Heart Month. 2022-02-16 House Journal Page 1867 The Rules Committee submitted the following fiscal note: 1. Zero, House Rules Committee The question being: "Shall HCR 10 pass the House?" The roll was taken with the following result: HCR 10 Second Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, 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, Zulkosky Nays: Eastman, Kurka Excused: Wool Absent: Carpenter And so, HCR 10 passed the House and 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. Representative Eastman objected and moved and asked unanimous consent to divide the question to consider separately In Memoriam - Byron Dux da neik, K'oo del ta' Mallott. The question being: "Shall the House divide the citations on the calendar?" The roll was taken with the following result: Approve Citation(s) on the Calendar Divide the Question YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 2022-02-16 House Journal Page 1868 Yeas: Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Rasmussen, Schrage, Shaw, Tilton, Vance Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, Ortiz, Prax, Rauscher, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Zulkosky Excused: Wool Absent: Carpenter And so, the citations were not divided. Representative Rauscher moved and asked unanimous consent to rescind previous action on failing to divide the question. There being no objection, it was so ordered. The question being: "Shall the House divide the citations on the calendar?" The roll was taken with the following result: Approve Citation(s) on the Calendar Divide the Question YEAS: 18 NAYS: 20 EXCUSED: 1 ABSENT: 1 Yeas: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Rasmussen, Rauscher, Schrage, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, Ortiz, Prax, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Zulkosky Excused: Wool Absent: Carpenter And so, the citations were not divided. The Speaker cautioned a member to refrain from impugning the motives of other members. The question being: "Shall the House approve the citations on the calendar? The roll was taken with the following result: 2022-02-16 House Journal Page 1869 Approve Citation(s) on the Calendar YEAS: 34 NAYS: 3 EXCUSED: 1 ABSENT: 2 Yeas: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, LeBon, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Zulkosky Nays: Eastman, Kurka, Rasmussen Excused: Wool Absent: Carpenter, Kreiss-Tomkins And so, the following citations were approved and sent to enrolling: In Memoriam - Byron Dux da neik, K'oo del ta' Mallott By Senator Stedman In Memoriam - Keith Dennis McCavit By Senator Wilson In Memoriam - Senator Albert Matthew Kookesh By Senators Stedman, Kiehl; Representative Kreiss-Tomkins 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 Drummond – from 7:45 p.m., February 17 to 11:00 a.m., February 21 Representative Johnson – from 6:00 a.m., February 17 to 2:00 p.m., February 20 Representative LeBon – from 6:00 a.m., February 18 to 10:00 a.m., February 22 Representative McCabe – from 5:00 p.m., February 17 to 10:00 a.m., February 22 2022-02-16 House Journal Page 1870 Representative Schrage – from 5:00 p.m., February 17 to 1:30 p.m., February 21 Representative Story – from noon, February 17 to 11:00 p.m., February 21 Representative Stutes – from 1:00 p.m., February 17 to 1:00 p.m., February 21 Representative Thompson – from 6:00 a.m., February 18 to 10:30 a.m., February 22 Representative Tilton – from 12:30 p.m., February 17 to 1:00 p.m., February 20 Representative Zulkosky – from 3:30 p.m., February 17 to 9:15 p.m., February 21 Representative Kreiss-Tomkins – from 6:00 p.m., February 17 to 9:30 p.m., February 22 Representative Rauscher – from 5:00 a.m., February 25 to 10:00 a.m., February 28 Representative Shaw – from 7:30 a.m., February 25 to 9:30 p.m., February 27 HCR 10 Representatives Tarr, Drummond, Spohnholz, Schrage, Josephson, McCabe, Rauscher, and Rasmussen added as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 10 Proclaiming February 2022 as American Heart Month. HB 8 Representative Fields added as a cosponsor to: HOUSE BILL NO. 8 "An Act relating to professional and occupational licensing; and relating to protection of children and vulnerable adults." 2022-02-16 House Journal Page 1871 HB 111 Representative Josephson added as a cosponsor to: CS FOR HOUSE BILL NO. 111(FIN) "An Act relating to the practice of dental hygiene; relating to advanced practice permits for dental hygienists; relating to dental assistants; prohibiting unfair discrimination under group health insurance against a dental hygienist who holds an advanced practice permit; relating to medical assistance for dental hygiene services; and providing for an effective date." HB 190 Representative McCarty added as a cosponsor to: HOUSE BILL NO. 190 "An Act relating to recall of state public officials; relating to recall of municipal officials; relating to campaign finance in recall elections; and providing for an effective date." HB 218 Representative Nelson added as a cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 218 "An Act relating to the inspection and testing of fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems; and providing for an effective date." HB 259 Representative Story added as a cosponsor to: HOUSE BILL NO. 259 "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; relating to funding for state aid for school districts, the state boarding school, centralized correspondence study, and transportation of pupils; and providing for an effective date." HB 289 Representative Nelson added as a cosponsor to: 2022-02-16 House Journal Page 1872 HOUSE BILL NO. 289 "An Act establishing the Alaska marijuana industry task force; and providing for an effective date." HB 313 Representatives Hopkins, Foster, Edgmon, and Patkotak added as cosponsors to: HOUSE BILL NO. 313 "An Act requiring background investigations of village public safety officer applicants by the Department of Public Safety; relating to the village public safety officer program; and providing for an effective date." SB 25 Representatives Edgmon and Tarr added as cross sponsors to: CS FOR SENATE BILL NO. 25(FIN) "An Act relating to the establishment and maintenance of an Internet website providing information on state government financial transactions and specifying the information to be made available on the website; and relating to the Alaska Checkbook Online Internet website." Representative Prax moved and asked unanimous consent that the House revert to Introduction of Guests. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that the House advance to Special Order of Business. There being no objection, it was so ordered. ENGROSSMENT HCR 10 HCR 10 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. 2022-02-16 House Journal Page 1873 ADJOURNMENT Representative Tuck moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 17. There being no objection, the House adjourned at 11:34 a.m. Crystaline Jones Chief Clerk