Legislature(2023 - 2024)

2023-02-15 House Journal

Full Journal pdf

2023-02-15                     House Journal                      Page 0205
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        THIRTY-THIRD LEGISLATURE                                                                             
                                                                                                                                
                              FIRST SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska Wednesday February 15, 2023                                                                                    
                                                                                                                                
                              Thirtieth Day                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Tilton at 11:00 a.m.                                                                                                            
                                                                                                                                
Roll call showed 39 members present.                                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
following member be excused from a call of the House. There being                                                               
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Josephson – from 8:30 a.m. to 2:00 p.m., today                                                                   
                                                                                                                                
The invocation was offered by the Chaplain, Dr. X'unei Lance                                                                  
Twitchell, Alaska Native Languages Professor at University of Alaska                                                            
Southeast. Representative Vance moved and asked unanimous consent                                                               
that the invocation be spread on the journal.  There being no objection,                                                        
it was so ordered.                                                                                                              
                                                                                                                                
        Ldakát ku.oo Anaskí káa, ch'a wáa sá ák' aydaheen, at yáa                                                            
    awuné yee jeex xatee.                                                                                                   
    Haa Shagéinyaa                                                                                                              
    Haa Shagéinyaa                                                                                                              
    Haa Shagóon                                                                                                                 
    Haa Shuká Aa Hás                                                                                                            
    Haa éet yidashí yá yagyee,                                                                                                  
    ch'a tléix'i yáx haa ngateeyít.                                                                                         
    Yá tl'átgi káa, a xoo aa eeshandéin has kudzitee.                                                                       
    Has du daat tunaxtula.aat yá yagyee.                                                                                      
                                                                                                                                

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    Yéi áwé haa ée wdudlitóow:                                                                                                  
    ch'a ldakát át a yakgwahéiyagu kudzitee,                                                                              
    ách xáawé ch'a ldakát át a jeex tootee at yáa awuné.                                                                    
    Hél haa wushgeik,                                                                                                       
    kushtuyáx wáa sá tushigéiyi át,                                                                                         
    has du jeex tootee haa dachxánx siteeyi aa.                                                                           
    Haa eetí káax'u,                                                                                                          
    Haa Dachxánx'i Yán,                                                                                                       
    Has du ya.aak daat haa yaguxsatáak yáa yagyee,                                                                          
    aagáa has aguxsakóo wáa sá has tusixáni.                                                                              
    Wooch een yéi jigaxtoonéi,                                                                                                
    kusaxán ka tula.aan tín.                                                                                              
    X'éigaa Lingít wé ku.oo jiyís yéi jinaneich.                                                                            
    X'éigaa Lingít wé ku.oo káx yán oodeilch                                                                              
    Kagaxtoo.áakw k'idéin yei kugaxtoostée ux kei utéegáa.                                                          
    Gunalchéesh.                                                                                                                
    Gunalchéesh.                                                                                                                
                                                                                                                                
    An English translation provided by the Chaplain follows:                                                                    
                                                                                                                                
    All Alaskans, however you believe, I give respect to you.                                                                   
    Our Protective Power                                                                                                        
    Our Protective Power                                                                                                        
    Everything we have been, are, and will be.                                                                                  
    Those who went before us                                                                                                    
    help us today,                                                                                                              
    so we may be united.                                                                                                        
    On this land, some people are suffering.                                                                                    
    Let us think of them today.                                                                                                 
    The way we are taught:                                                                                                      
    there is a spirit in everything,                                                                                            
    that is why we give respect to all things.                                                                                  
    We are generous people,                                                                                                     
    no matter how much we may not want to share things,                                                                         
       we offer them to those who would become our grandchildren.                                                              
    Our descendants,                                                                                                            
    our little grandchildren,                                                                                                   
    we will care for the place reserved for them,                                                                               
    and then they will know how we love them.                                                                                   
                                                                                                                                

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    We will work together,                                                                                                      
    with love and kindness.                                                                                                     
    The true human being always works for the people.                                                                           
    The true human being always protects the people.                                                                            
    We will try to live a good life so no one is harmed.                                                                        
    Thank you.                                                                                                                  
    Thank you.                                                                                                                  
                                                                                                                                
The Pledge of Allegiance was led by Representative Groh.                                                                        
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Saddler 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.                                                               
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Saddler introduced Jena Crafton, Guest Page, from                                                                
Eagle River.                                                                                                                    
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
A message dated February 13 was read stating the Senate accepted the                                                            
invitation to meet in joint session in the House Chamber at 10:00 a.m.,                                                         
February 17 to hear an address by the Honorable Mary Sattler Peltola,                                                           
U.S. Representative.                                                                                                            
                                                                                                                                
                             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. 2 and House and Senate Joint Journal                                                                     
Supplement No. 5.                                                                                                               
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Education & Early Development                                                                                          
Annual Progress Report on School Performance                                                                                    
February 15, 2023                                                                                                               
(as required by AS 14.03.078)                                                                                                   

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Dept. of Natural Resources                                                                                                      
Division of Geological & Geophysical Surveys                                                                                    
2022 Annual Report                                                                                                              
https://doi.org/10.14509/30951                                                                                                  
(as required by AS 41.08.030)                                                                                                   
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
The Transportation Committee reviewed the qualifications of the                                                                 
following and recommends the appointment be forwarded to a joint                                                                
session for consideration:                                                                                                      
                                                                                                                                
                            James Cunningham                                                                                   
                                                                                                                                
as a member of the Board of Marine Pilots.                                                                                      
                                                                                                                                
The report was signed by Representative McCabe, Chair; and                                                                      
Representatives Vance, McKay, Sumner, Stutes, and Mina.                                                                         
                                                                                                                                
HB 22                                                                                                                         
The Community & Regional Affairs Committee considered:                                                                          
                                                                                                                                
    HOUSE BILL NO. 22                                                                                                           
    "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."                                                                                                                      
                                                                                                                                
The report was signed by Representative McCormick, Chair, with the                                                              
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Himschoot, Mears, McCormick                                                                                       
                                                                                                                                
Do not pass (2):  McKay, McCabe                                                                                                 
                                                                                                                                
No recommendation (1):  Ruffridge                                                                                               
                                                                                                                                

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The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Indeterminate, Office of the Governor/Various Depts.                                                                        
2.  Fiscal, Dept. of Administration                                                                                             
                                                                                                                                
HB 22 was referred to the State Affairs Committee.                                                                              
                                                                                                                                
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
HJR 5                                                                                                                         
The House Special Committee on Fisheries considered:                                                                            
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 5                                                                                                
    Urging the United States Secretary of Commerce, the National                                                                
    Marine Fisheries Service, the Alaska Department of Fish and                                                                 
    Game, and other federal and state agencies to defend the state's                                                            
    fisheries, including the Southeast Alaska troll fishery.                                                                    
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE JOINT RESOLUTION NO. 5(FSH)                                                                                    
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Vance, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  C. Johnson, McCormick, Carpenter, McCabe, Stutes,                                                                 
Himschoot, Vance                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHJR 5(FSH):                                                                             
                                                                                                                                
1.  Zero, House Special Committee on Fisheries                                                                                  
                                                                                                                                
CSHJR 5(FSH) was referred to the Rules Committee.                                                                               
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citation was introduced and referred to the Rules                                                                 
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - North Pole High School, Unified Champion School                                                                      
By Senators Myers, Kawasaki; Representative Prax                                                                                

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               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 72                                                                                                                         
HOUSE BILL NO. 72 by Representative Ortiz, 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 73                                                                                                                         
HOUSE BILL NO. 73 by Representative Schrage, entitled:                                                                          
                                                                                                                                
    "An Act relating to investigations conducted by the Department of                                                           
    Commerce, Community, and Economic Development."                                                                             
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
HB 74                                                                                                                         
HOUSE BILL NO. 74 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to geothermal resources; relating to the definition                                                        
    of 'geothermal resources'; and providing for an effective date."                                                           
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources Committee.                                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Fiscal, Dept. of Natural Resources                                                                                          
                                                                                                                                
The Governor's transmittal letter dated February 14 follows:                                                                    
                                                                                                                                

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"Dear Speaker Tilton:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to the state's geothermal                                                       
resources.                                                                                                                      
                                                                                                                                
This bill removes obstacles for exploration and development of                                                                  
Alaska's geothermal resources. First, the bill updates the definition of                                                        
"geothermal resources." Currently, the term "geothermal resources" is                                                           
defined with reference to energy hotter than 120 degrees Celsius and                                                            
excludes subterranean heat sources that might be commercially useful                                                            
at lower temperatures. The arbitrarily high temperature threshold in                                                            
current law ignores technological advances that make lower-                                                                     
temperature geothermal energy commercially viable. It also ignores                                                              
growing non-commercial uses of heat energy, such as heat pumps                                                                  
relying on shallow subsurface pipes to heat or cool residential                                                                 
structures.                                                                                                                     
                                                                                                                                
Current law provides companies only two to three years to prove a                                                               
commercial discovery, which then allows the company to apply for a                                                              
more long-term lease. This bill increases the time available for                                                                
exploration to five years to better account for the time needed to                                                              
complete an exploration program. The bill changes the current permit                                                            
system to an exploration license system similar to oil and gas                                                                  
exploration. The proposed five-year exploration license term in the bill                                                        
allows explorers more time to conduct background research, acquire                                                              
any related permits, and perform the field work necessary to locate a                                                           
resource and produce the data necessary to convert a license to a lease.                                                        
                                                                                                                                
This bill also nearly doubles the acreage limit for geothermal projects                                                         
from 51,200 acres to 100,000 acres. This change is particularly                                                                 
beneficial because geothermal resources tend to spread over larger                                                              
acreages. The proposed acreage increase in the bill may attract greater                                                         
interest in geothermal resources because developers will have a greater                                                         
opportunity to explore the correct amount of acreage.                                                                           
                                                                                                                                
The bill would allow the Alaska Oil and Gas Conservation                                                                        
Commission (AOGCC) the option to pursue state permitting primacy                                                                
over Class V geothermal wells from the U.S. Environmental                                                                       
Protection Agency. Primacy may allow for more expeditious                                                                       

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responses to local concerns and projects. The bill also clarifies                                                               
AOGCC's authority over geothermal resources and implements                                                                      
penalty provisions similar to AOGCC's existing penalty provisions for                                                           
oil and gas.                                                                                                                    
                                                                                                                                
With the enactment of this measure, our state will continue to                                                                  
responsibly manage its natural resources in a manner that provides                                                              
maximum benefits to the citizens through development of needed                                                                  
energy sources.                                                                                                                 
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"                                                                                                                       
                                                                                                                                
HB 75                                                                                                                         
HOUSE BILL NO. 75 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to coverage for additional insureds under owner                                                            
    and contractor controlled insurance programs; and providing for                                                             
    an effective date."                                                                                                         
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
The Governor's transmittal letter dated February 14 follows:                                                                    
                                                                                                                                
"Dear Speaker Tilton:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to allow for the inclusion of                                                            
additional insureds under owner and contractor controlled insurance                                                             
programs (OCIPs).                                                                                                               

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Currently, the Department of Commerce, Community, and Economic                                                                  
Development, Division of Insurance is required to enforce certain                                                               
limitations on OCIPs on major construction projects, including a                                                                
moratorium on policies naming one or more persons as additional                                                                 
insureds. This limitation prevents individuals and businesses from                                                              
efficiently managing large scale infrastructure projects because it                                                             
forces the owner or contractor to name all potential contractors and                                                            
subcontractors at the initiation of a project. Projects such as the Trans-                                                      
Alaska Pipeline System are not economically viable unless owners and                                                            
contractors can enter into OCIPs that allow for additional insureds.                                                            
This bill removes the limitation on additional insureds and creates                                                             
economic incentives for owners and contractors to engage in large                                                               
scale contracts that will assist Alaska's economy.                                                                              
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"                                                                                                                       
                                                                                                                                
HB 76                                                                                                                         
HOUSE BILL NO. 76 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to pay for the Alaska State Defense Force; and                                                             
    providing for an effective date."                                                                                           
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs.                                                                                                   
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Indeterminate, Dept. of Military & Veterans' Affairs                                                                        
                                                                                                                                
The Governor's transmittal letter dated February 14 follows:                                                                    
                                                                                                                                
"Dear Speaker Tilton:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill authorizing pay for training and                                                         
drill activities of members of the Alaska State Defense Force (ASDF).                                                           

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The ASDF is a component of the organized militia of the state. The                                                              
ASDF operates solely under the authority of the state government and                                                            
provides valuable support to the Alaska National Guard in disaster                                                              
response and rural Alaska operations. Currently, members of the                                                                 
ASDF do not receive compensation when ordered to active duty by the                                                             
governor for the purposes of training and drill activities. However, the                                                        
ASDF still regularly engages in drill and training for emergency                                                                
response in a manner similar to the Alaska National Guard. This bill                                                            
will authorize pay for training and drill activities of the ASDF when                                                           
called to active service for those purposes by the governor.                                                                    
                                                                                                                                
Paid training will motivate current ASDF members and increase                                                                   
enlistment, especially in rural Alaska. This local emergency and                                                                
disaster response will be particularly valuable because the ASDF can                                                            
be immediately activated in remote parts of the state while awaiting                                                            
mobilization of the Alaska National Guard.                                                                                      
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"                                                                                                                       
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Saddler 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 - Raymond Alexie                                                                                                       
By Senator Hoffman; Representative McCormick                                                                                    
                                                                                                                                
Honoring - James "Coach Wes" Cornelison                                                                                         
By Senator Dunbar; Representatives Mina, Gray                                                                                   
                                                                                                                                
Honoring - Amy Russell                                                                                                          
By Senator Stevens; Representative Vance                                                                                        

2023-02-15                     House Journal                      Page 0215
Honoring - 2023 Top Five Kuskokwim 300 Finishers                                                                                
By Senator Hoffman; Representative McCormick                                                                                    
                                                                                                                                
In Memoriam - Louis "Louie" Bencardino                                                                                          
By Senator Stevens; Representative Stutes                                                                                       
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Saddler 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 Foster – from 6:45 p.m., February 16 to 9:15 p.m.,                                                               
February 21                                                                                                                     
                                                                                                                                
Representative McKay – from:                                                                                                    
    6:00 p.m., March 24 to 9:15 p.m., March 26                                                                                  
    6:00 a.m., April 6 to 11:00 a.m., April 10                                                                                  
                                                                                                                                
Representative Carrick – from 5:30 p.m., February 17 to 9:15 p.m.,                                                              
February 19                                                                                                                     
                                                                                                                                
Representative Dibert – from 6:30 a.m., February 17 to 9:30 p.m.,                                                               
February 20                                                                                                                     
                                                                                                                                
Representative Patkotak – from 8:00 a.m., February 28 to 11:00 p.m.,                                                            
March 5                                                                                                                         
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
The Speaker appointed Representatives Rauscher and Mears to the                                                                 
Alaska Food Strategy Task Force created by Chapter 64 SLA 22.                                                                   
                                                                                                                                
HJR 6                                                                                                                         
Representatives Foster and Shaw added as cosponsors to:                                                                         
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 6                                                                                                
    Supporting oil and gas leasing and development within the                                                                   
    National Petroleum Reserve in Alaska; and urging President                                                                  
    Biden and the United States Department of the Interior to approve                                                           
    the Willow Master Development Plan.                                                                                         

2023-02-15                     House Journal                      Page 0216
HB 36                                                                                                                         
Representative Himschoot added as a cosponsor to:                                                                               
                                                                                                                                
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36                                                                                    
    "An Act requiring the disclosure of the identity of certain persons,                                                        
    groups, and nongroup entities that expend money in support of or                                                            
    in opposition to an application filed for a state referendum or                                                             
    recall election; relating to political contributions; and providing                                                         
    for an effective date."                                                                                                     
                                                                                                                                
HB 47                                                                                                                         
Representatives McKay and Shaw added as cosponsors to:                                                                          
                                                                                                                                
    HOUSE BILL NO. 47                                                                                                           
    "An Act relating to insurance; relating to direct health care                                                               
    agreements; and relating to unfair trade practices."                                                                        
                                                                                                                                
HB 62                                                                                                                         
Representative Himschoot added as a cosponsor to:                                                                               
                                                                                                                                
    HOUSE BILL NO. 62                                                                                                           
    "An Act relating to the renewable energy grant fund and                                                                     
      recommendation program; and providing for an effective date."                                                            
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
House adjourn until 9:30 a.m., February 17.  There being no objection,                                                          
the House adjourned at 12:06 p.m.                                                                                               
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk