Legislature(2023 - 2024)
2023-03-29 House Journal
Full Journal pdf2023-03-29 House Journal Page 0493 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-THIRD LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday March 29, 2023 Seventy-second Day Pursuant to adjournment the House was called to order by Speaker Tilton at 11:06 a.m. Roll call showed 35 members present. Representatives Armstrong and McCormick had been excused from a call of the House today. Representative Carpenter was absent and his presence was noted later. 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 today to 9:30 p.m., March 30 Representative Schrage – from today to noon, March 30 The invocation was offered by the Chaplain, Father Michael Galbraith of St. Paul the Apostle Catholic Church. Representative Vance moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Holy God, We pause to give thanks today for this government body of leaders. For even as we pause here in this chamber we offer our own prayers for this body, for our communities, for our state and country joining their voices with our own. As they pray, so do we, that all would come to know you better. Enlighten the eyes of our hearts that we would all 2023-03-29 House Journal Page 0494 receive the hope you have granted each of us. May all who believe be strengthened by your great power, and may we together share in the riches of the inheritance you have bestowed on all your people, sharing the bounty of this great state and nation. Remind us today and each day that prayer is our greatest defense against the affliction of despair and hopelessness. Help us to use that privilege often with compassion and wisdom. In the sure and certain hope that in our asking, you will answer, we pray in the strength of your eternal name. Amen. The Pledge of Allegiance was led by Representative Patkotak. CERTIFICATION OF THE JOURNAL Representative Saddler moved and asked unanimous consent that the journal for the 70th and 71st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Stutes introduced Jacquelyn Davis, Guest Page, from Kodiak. Representative Carrick introduced Elle Gifford, Guest Page, from Fairbanks. MESSAGES FROM THE GOVERNOR A message dated March 29 was read stating that on March 1 in accordance with Article III, Sections 26 and 27 of the Alaska Constitution and Alaska Statue 39.05.080, the Governor submitted a list of appointees for confirmation. The following appointee is withdrawn from consideration, effective immediately: 2023-03-29 House Journal Page 0495 Alaska Labor Relations Agency Dennis DeWitt – Juneau The appointment had been referred to the Labor & Commerce Committee (page 320). MESSAGES FROM THE SENATE HJR 4 A message dated March 27 was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 4 Honoring the Alaska-Korea relationship; and celebrating the 70th anniversary of the Mutual Defense Treaty between the United States and the Republic of Korea, the 70th anniversary of the Korean Armistice Agreement, and the 120th anniversary of the first Korean immigration to the United States. HJR 4 was referred to the Chief Clerk for enrollment. HJR 10 A message dated March 27 was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 10 Disapproving the proposed rule by the National Park Service limiting non-subsistence hunting methods; and urging the National Park Service to withdraw the rule. HJR 10 was referred to the Chief Clerk for enrollment. HB 79 A message dated March 27 was read stating the Senate passed: CS FOR HOUSE BILL NO. 79(FIN) "An Act making supplemental appropriations and other appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." CSHB 79(FIN) was referred to the Chief Clerk for enrollment. 2023-03-29 House Journal Page 0496 REPORTS OF STANDING COMMITTEES HB 8 The Transportation Committee considered: HOUSE BILL NO. 8 "An Act relating to electric-assisted bicycles." and recommends it be replaced with: CS FOR HOUSE BILL NO. 8(TRA) "An Act relating to electric-assisted bicycles; and providing for an effective date." The report was signed by Representative McCabe, Chair, with the following individual recommendations: Do pass (7): Mina, Stutes, McKay, C. Johnson, Sumner, Vance, McCabe The following fiscal note(s) apply to CSHB 8(TRA): 1. Zero, Dept. of Administration 2. Zero, Dept. of Public Safety HB 8 was referred to the Rules Committee. HB 21 The Education Committee considered: HOUSE BILL NO. 21 "An Act relating to group insurance coverage and self-insurance coverage for school district employees, employees of the University of Alaska, and employees of other governmental units in the state; and providing for an effective date." The report was signed by Representatives Ruffridge and Allard, Co- chairs, with the following individual recommendations: Do pass (2): McKay, Allard No recommendation (4): Himschoot, Story, Prax, Ruffridge 2023-03-29 House Journal Page 0497 The following fiscal note(s) apply: 1. Zero, University of Alaska 2. Fiscal, Dept. of Administration HB 21 was referred to the Labor & Commerce Committee. HB 57 The Health & Social Services Committee considered: HOUSE BILL NO. 57 "An Act relating to review organizations and permitting an emergency medical services provider to establish a review organization; and relating to patient records." The report was signed by Representative Prax, Chair, with the following individual recommendations: Do pass (5): Ruffridge, Sumner, Fields, Mina, Prax The following fiscal note(s) apply: 1. Zero, Dept. of Health HB 57 was referred to the Rules Committee. HB 99 The Labor & Commerce Committee considered: HOUSE BILL NO. 99 "An Act relating to and prohibiting discrimination based on sexual orientation or gender identity or expression." The report was signed by Representative Sumner, Chair, with the following individual recommendations: Do pass (3): Fields, Carrick, Sumner No recommendation (3): Saddler, Wright, Ruffridge Amend (1): Prax 2023-03-29 House Journal Page 0498 The following fiscal note(s) apply: 1. Zero, Office of the Governor HB 99 was referred to the Community & Regional Affairs Committee. HB 112 The Health & Social Services Committee considered: HOUSE BILL NO. 112 "An Act relating to the Board of Pharmacy; relating to the practice of pharmacy; relating to pharmacies; relating to prescription drug manufacturers; relating to prescriptions for epinephrine; relating to the administration of epinephrine; and providing for an effective date." The report was signed by Representative Prax, Chair, with the following individual recommendations: Do pass (5): Mina, Ruffridge, Sumner, Fields, Prax The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 112 was referred to the Labor & Commerce Committee. HB 135 The State Affairs Committee considered: HOUSE BILL NO. 135 "An Act disapproving recommendations of the State Officers Compensation Commission; and providing for an effective date." The report was signed by Representative Shaw, Chair, with the following individual recommendations: Do pass (6): Armstrong, C. Johnson, Carpenter, Allard, Wright, Shaw Amend (1): Story 2023-03-29 House Journal Page 0499 The following fiscal note(s) apply: 1. Zero, House State Affairs Committee HB 135 is on today's calendar. REPORTS OF SPECIAL COMMITTEES HB 25 The House Special Committee on Military & Veterans' Affairs considered: HOUSE BILL NO. 25 "An Act relating to eligibility for the permanent fund dividend; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 25(MLV) "An Act allowing certain members of the uniformed services, spouses and dependents of certain members of the uniformed services, and individuals attending certain merchant marine vocational programs to remain eligible for the permanent fund dividend during absences from the state; and providing for an effective date." The report was signed by Representative Wright, Chair, with the following individual recommendations: Do pass (3): Gray, Groh, Wright No recommendation (2): Rauscher, Carpenter The following fiscal note(s) apply to CSHB 25(MLV): 2. Zero, Dept. of Revenue HB 25 was referred to the Finance Committee. HB 95 The House Special Committee on Fisheries considered: 2023-03-29 House Journal Page 0500 HOUSE BILL NO. 95 "An Act relating to designation of state water as outstanding national resource water; and providing for an effective date." The report was signed by Representative Vance, Chair, with the following individual recommendations: Do pass (4): C. Johnson, McCabe, Carpenter, Vance Amend (2): Himschoot, Stutes The following fiscal note(s) apply: 1. Zero, Dept. of Environmental Conservation 2. Zero, Dept. of Natural Resources HB 95 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Crystal Kennedy By Representative Allard Honoring - Timothy Barto By Representative Allard Honoring - LeAnn Young By Representative Cronk; Senator Bishop Honoring - Homer High School Mariners Football Team By Representative Vance Honoring - Chief Justice Daniel Winfree By Senators Kawasaki, Bishop; Representative Stapp In Memoriam - Elsie Pitka By Representative Cronk; Senator Bishop 2023-03-29 House Journal Page 0501 In Memoriam - Jesus Antonio "Jesse" V. Vizcocho By Senators Stevens, Claman; Representatives Stutes, Armstrong INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 144 HOUSE BILL NO. 144 by Representative Ruffridge, entitled: "An Act relating to education tax credits; and providing for an effective date by repealing the effective date of secs. 1, 2, and 21, ch. 61, SLA 2014." was read the first time and referred to the Education Committee. HB 145 HOUSE BILL NO. 145 by Representative Wright, entitled: "An Act relating to loans in an amount of $25,000 or less; relating to deferred deposit advances; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 146 HOUSE BILL NO. 146 by the House Rules Committee by request of the Governor, entitled: "An Act relating to fireworks; repealing restrictions on the sale of fireworks; directing the Department of Public Safety to adopt fireworks regulations; and providing for an effective date." was read the first time and referred to the State Affairs and Labor & Commerce Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Public Safety The Governor's transmittal letter dated March 28 follows: 2023-03-29 House Journal Page 0502 "Dear Speaker Tilton: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill that would shift the substantive rules relating to the sale, storage, and use of fireworks in Alaska from statute to regulation, thereby allowing a more streamlined and up-to- date approach to the state's management of fireworks. The bill would eliminate the substantive statutes governing fireworks and, in their place, authorize and direct the Department of Public Safety (DPS) to adopt regulations for the sale, storage, and use of fireworks. The fireworks statutes have not changed in several decades, and this bill is intended to allow DPS to bring the state's rules in-step with more modern approaches found in the International Fire Code and National Fire Protection Association regulations. Under the bill, DPS would be required to enact regulations establishing minimum standards for the sale, storage, distribution, and use of fireworks, and would be permitted to establish reasonable fees for fireworks permits and inspections. The department would further be authorized to enter any building where fireworks are stored or kept for the sole purpose of ensuring compliance with fireworks regulations. Regulations adopted by DPS under this bill would supersede municipal ordinances relating to fireworks that are less restrictive than the department's regulations. A municipality would be permitted, however, to enact ordinances that are more restrictive than the regulations. A violation of regulations established under the bill would be a class B misdemeanor. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor" HB 147 HOUSE BILL NO. 147 by Representative Dibert, entitled: 2023-03-29 House Journal Page 0503 "An Act relating to teacher certificates for retired teachers." was read the first time and referred to the Labor & Commerce and Education Committees. HB 148 HOUSE BILL NO. 148 by the House Education Committee, entitled: "An Act relating to the Alaska performance scholarship program." was read the first time and referred to the Education and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 56 The following was read the second time: HOUSE BILL NO. 56 "An Act exempting controlled substances prescribed or dispensed by a veterinarian to treat an animal from the requirements of the controlled substance prescription database." with the: Journal Page HSS RPT 6DP 384 FN1: ZERO(CED) 384 L&C RPT 4DP 477 FN1: ZERO(CED) 477 Representative Saddler moved and asked unanimous consent that HB 56 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 56 was read the third time. **The presence of Representative Carpenter was noted. 2023-03-29 House Journal Page 0504 The question being: "Shall HB 56 pass the House?" The roll was taken with the following result: HB 56 Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Allard, Carpenter, Carrick, Coulombe, Cronk, Dibert, Eastman, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, McCabe, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Josephson Excused: Armstrong, Foster, McCormick, Schrage And so, HB 56 passed the House and was referred to the Chief Clerk for engrossment. HB 135 The Speaker stated that, without objection, the following would be held to the March 31 calendar: HOUSE BILL NO. 135 "An Act disapproving recommendations of the State Officers Compensation Commission; and providing for an effective date." THIRD READING OF HOUSE BILLS HB 103 The following, which was advanced to third reading from the March 27 calendar (page 484), was read the third time: HOUSE BILL NO. 103 "An Act extending the termination date of the Alaska Minerals Commission." The question being: "Shall HB 103 pass the House?" The roll was taken with the following result: 2023-03-29 House Journal Page 0505 HB 103 Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Allard, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman Excused: Armstrong, Foster, McCormick, Schrage And so, HB 103 passed the House and was referred to the Chief Clerk for engrossment. HOUSE BILLS IN THIRD READING HB 78 The Speaker stated that, without objection, the following, which was held in third reading from the March 27 calendar (page 485), would be held in third reading to the March 31 calendar: HOUSE BILL NO. 78 "An Act establishing September 10 as Alaska Community Health Aide Appreciation Day." SECOND READING OF HOUSE RESOLUTIONS HJR 11 The following was read the second time: HOUSE JOINT RESOLUTION NO. 11 Urging the United States Environmental Protection Agency to develop a woodstove certification program that addresses the threat to clean and healthy winter air in Fairbanks; and urging the state Department of Environmental Conservation to develop an economically and legally defensible state implementation plan for the Fairbanks North Star Borough nonattainment area. 2023-03-29 House Journal Page 0506 with the: Journal Page RES RPT 7DP 442 FN1: ZERO(H.RES) 442 Representative Saddler moved and asked unanimous consent that HJR 11 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 11 was read the third time. The question being: "Shall HJR 11 pass the House?" The roll was taken with the following result: HJR 11 Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Allard, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman Excused: Armstrong, Foster, McCormick, Schrage And so, HJR 11 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Saddler moved and asked unanimous consent that the House approve the citations on the calendar. Representative Eastman objected. The question being: "Shall the House approve the citations on the calendar?" The roll was taken with the following result: 2023-03-29 House Journal Page 0507 Approve Citation(s) on Calendar YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 1 Yeas: Allard, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Shaw, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman Excused: Armstrong, Foster, McCormick, Schrage Absent: Stapp And so, the following citations were approved and sent to enrolling: Commemorating – Law Enforcement Memorial Day, January 9, 2023 By Representative Tilton Honoring – Lindsy Weaver By Representatives Stapp, Tomaszewski; Senator Kawasaki Honoring – Huffman Elementary School By Representative Coulombe; Senator Kaufman Honoring – Gail Fenumiai By Senator Kiehl; Representatives Hannan, Story Honoring – 2023 Top Three Iditarod Finishers By Senator Hoffman Honoring – Kodiak High School Shakesbears Drama, 2023 Division I Drama, Debate, & Forensics State Champions By Senator Stevens; Representative Stutes In Memoriam – Marie Paul By Representative Edgmon; Senator Hoffman In Memoriam – Robert Lee Smay By Senator Kaufman; Representatives Shaw, Coulombe 2023-03-29 House Journal Page 0508 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 Ruffridge – from 7:30 a.m. to 4:00 p.m., March 30 Representative Wright – from 7:00 a.m. to 4:00 p.m., March 30 Representative Stapp – from 3:30 p.m., April 13 to 10:00 a.m., April 17 Representative Gray – from 7:00 p.m., March 31 to noon, April 2 Representative Hannan – from 6:00 p.m., March 31 to 3:00 p.m., April 2 Representative Galvin – from 7:30 a.m., March 31 to 9:30 a.m., April 2 Representative Saddler – from 7:30 a.m. to 4:30 p.m., March 30 Representative Tomaszewski moved and asked unanimous consent that the House revert to other announcements. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would advance to: UNFINISHED BUSINESS HJR 1 Representative Gray added as a cosponsor to: HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to marriage. 2023-03-29 House Journal Page 0509 HJR 11 Representatives C. Johnson, Galvin, Ortiz, Carpenter, Groh, and Tilton added as cosponsors to: HOUSE JOINT RESOLUTION NO. 11 Urging the United States Environmental Protection Agency to develop a woodstove certification program that addresses the threat to clean and healthy winter air in Fairbanks; and urging the state Department of Environmental Conservation to develop an economically and legally defensible state implementation plan for the Fairbanks North Star Borough nonattainment area. HB 9 Representative Gray added as a cosponsor to: HOUSE BILL NO. 9 "An Act relating to the Board of Regents of the University of Alaska." HB 18 Representative Ortiz added as a cosponsor to: HOUSE BILL NO. 18 "An Act relating to regional fishery development associations; and relating to developing fishery management assessments." HB 19 Representative Ortiz added as a cosponsor to: HOUSE BILL NO. 19 "An Act relating to the registration of commercial vessels; and providing for an effective date." HB 20 Representative Ortiz added as a cosponsor to: HOUSE BILL NO. 20 "An Act relating to participation in matters before the Board of Fisheries and the Board of Game by the members of the respective boards; and providing for an effective date." 2023-03-29 House Journal Page 0510 HB 23 Representative Ortiz added as a cosponsor to: HOUSE BILL NO. 23 "An Act establishing the month of October as Filipino American History Month." HB 28 Representative Sumner added as a cosponsor to: HOUSE BILL NO. 28 "An Act restricting the release of certain records of convictions; and providing for an effective date." HB 56 Representatives Dibert, C. Johnson, Cronk, Tilton, and Rauscher added as cosponsors to: HOUSE BILL NO. 56 "An Act exempting controlled substances prescribed or dispensed by a veterinarian to treat an animal from the requirements of the controlled substance prescription database." HB 81 Representative Ortiz added as a cosponsor to: HOUSE BILL NO. 81 "An Act relating to the transfer of a title on the death of the owner; and providing for an effective date." HB 103 Representatives Saddler, Patkotak, Tomaszewski, and Wright added as cosponsors to: HOUSE BILL NO. 103 "An Act extending the termination date of the Alaska Minerals Commission." HB 135 Representative Allard added as a cosponsor to: 2023-03-29 House Journal Page 0511 HOUSE BILL NO. 135 "An Act disapproving recommendations of the State Officers Compensation Commission; and providing for an effective date." ENGROSSMENT HJR 11 HJR 11 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 56 HB 56 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 103 HB 103 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. The following meeting today was changed: Finance Committee CANCELED ADJOURNMENT Representative Saddler moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 31. There being no objection, the House adjourned at 12:14 p.m. Crystaline Jones Chief Clerk