Legislature(2023 - 2024)
2023-05-15 House Journal
Full Journal pdf2023-05-15 House Journal Page 1103 HOUSE JOURNAL ALASKA STATE LEGISLATURE THIRTY-THIRD LEGISLATURE FIRST SESSION Juneau, Alaska Monday May 15, 2023 One Hundred Nineteenth Day Pursuant to Uniform Rule 13 the House was called to order by Speaker Tilton at 1:07 p.m. Roll call showed 39 members present. Representative Saddler moved and asked unanimous consent that Representative Allard 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 Tomaszewski. Representative Vance 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 of all faiths, I offer this prayer: Oh, Give thanks to the Lord! Call upon his name; Make known his deeds among the peoples! Sing to him, sing psalms to him; Talk to all his wondrous works! Glory in his holy name; Let the hearts of those rejoice who seek the Lord! Seek the Lord and his strength; Seek his face evermore! As we approach the end of our regular session, may the Lord guide us to lead with grace and strength as we work to represent Alaska. In Jesus' name, Amen. 2023-05-15 House Journal Page 1104 The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Saddler moved and asked unanimous consent that the journal for the 117th and 118th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 123 A message dated May 13 was read stating the Senate passed: HOUSE BILL NO. 123 "An Act relating to an amendment to the articles of incorporation of a corporation organized under the Alaska Native Claims Settlement Act; and providing for an effective date." HB 123 was referred to the Chief Clerk for enrollment. HB 128 A message dated May 13 was read stating the Senate passed: CS FOR HOUSE BILL NO. 128(TRA) "An Act relating to the operation of a tank vessel or oil barge as an oil terminal facility; relating to the definition of 'oil terminal facility'; and providing for an effective date." CSHB 128(TRA) was referred to the Chief Clerk for enrollment. Messages dated May 13 and 15 were read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 48 CS FOR SENATE BILL NO. 48(FIN) by the Senate Finance Committee, entitled: 2023-05-15 House Journal Page 1105 "An Act relating to the powers and duties of the Alaska Oil and Gas Conservation Commission; authorizing the Department of Natural Resources to lease land for carbon management purposes; establishing a carbon offset program for state land; authorizing the sale of carbon offset credits; authorizing the use of land and water within the Haines State Forest Resource Management Area for a carbon offset project; authorizing the undertaking of carbon offset projects on land in legislatively designated state forests; relating to oil and gas lease expenditures; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 99 CS FOR SENATE BILL NO. 99(EDC) by the Senate Education Committee, entitled: "An Act establishing a financial literacy education program for public schools; and providing for an effective date." was read the first time and referred to the Education and Finance Committees. REPORTS OF STANDING COMMITTEES HB 112 The Finance 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 112(L&C) "An Act relating to the Board of Pharmacy; relating to the practice of pharmacy; relating to pharmacies; relating to prescription drug 2023-05-15 House Journal Page 1106 manufacturers; relating to licensing and registration requirements for certain wholesale drug distributors; relating to prescriptions for epinephrine; relating to the administration of epinephrine; and providing for an effective date." The report was signed by Representatives D. Johnson and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Tomaszewski, Cronk, Ortiz, Coulombe, Galvin, Hannan, Josephson, D. Johnson, Foster No recommendation (1): Stapp The following fiscal note(s) apply to CSHB 112(L&C): 2. Fiscal, Dept. of Commerce, Community, & Economic Development HB 112 was referred to the Rules Committee. SB 45 The Labor & Commerce Committee considered: CS FOR SENATE BILL NO. 45(L&C) am "An Act relating to insurance; relating to direct health care agreements; relating to the duties of the director of the division of insurance in the Department of Commerce, Community, and Economic Development; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 45(L&C) (same title) The report was signed by Representative Sumner, Chair, with the following individual recommendations: Do pass (2): Prax, Sumner No recommendation (3): Fields, Saddler, Wright 2023-05-15 House Journal Page 1107 Amend (2): Ruffridge, Carrick The following fiscal note(s) apply to HCS CSSB 45(L&C): 1. Zero, Dept. of Commerce, Community, & Economic Development CSSB 45(L&C) am was referred to the Rules Committee. SB 81 The Finance Committee considered: SENATE BILL NO. 81 am "An Act relating to the office of victims' rights; and providing for an effective date." The report was signed by Representatives D. Johnson and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Tomaszewski, Cronk, Coulombe, Hannan, Galvin, Stapp, Josephson, Ortiz, D. Johnson, Foster The following fiscal note(s) apply: 1. Fiscal, Legislative Affairs Agency SB 81 am was referred to the Rules Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - David William Peck By Representative Prax; Senator Myers In Memoriam - Annie Neubauer By Senator Kawasaki 2023-05-15 House Journal Page 1108 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 194 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 194 by Representatives Carpenter and Tomaszewski, entitled: "An Act relating to the duties of the Legislative Budget and Audit Committee; relating to the Executive Budget Act; establishing consensus estimating conferences; relating to the development of official information for use in preparing the state budget; 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 202 HOUSE BILL NO. 202 by Representatives D. Johnson and Mina, entitled: "An Act relating to the availability and administration of opioid overdose drugs in public schools." was read the first time and referred to the Education and Health & Social Services Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 98 The following, which was carried over to today's calendar due to canceled session (page 1101), was read the second time: CS FOR SENATE BILL NO. 98(FIN) "An Act requiring the Alaska Permanent Fund Corporation to manage the power cost equalization endowment fund; requiring the Alaska Permanent Fund Corporation to publish certain reports relating to the power cost equalization endowment fund; relating to the Alaska Permanent Fund Corporation's management and 2023-05-15 House Journal Page 1109 investment of the power cost equalization endowment fund; and providing for an effective date." with the: Journal Page FIN RPT 9DP 1AM 965 FN1: (REV) 965 FN2: (REV) 965 FN3: (REV) 965 Amendment No. 1 was offered by Representative Eastman: Page 1, line 3, following "fund;"(title amendment): Insert "relating to inflation-proofing of the power cost equalization endowment fund;" Page 2, following line 13: Insert a new subsection to read: "(e) The legislature may appropriate to the principal of the power cost equalization endowment fund an amount sufficient to offset the effect of inflation on the principal of the power cost equalization endowment fund during that fiscal year. The corporation shall calculate the amount to appropriate to the principal under this subsection in the same manner as prescribed in AS 37.13.145(c) for calculation of the amount to transfer to the principal of the Alaska permanent fund to offset the effect of inflation on the principal of the Alaska permanent fund." Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Edgmon objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 98(FIN) Second Reading Amendment No. 1 YEAS: 1 NAYS: 38 EXCUSED: 1 ABSENT: 0 2023-05-15 House Journal Page 1110 Yeas: Eastman Nays: Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Allard And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 3, following "fund;"(title amendment): Insert "relating to inflation-proofing of the power cost equalization endowment fund;" Page 2, line 2: Delete "and" Page 2, line 5, following "accountant": Insert "; and (3) annually (A) calculate the amount that is equal to five percent of the amount determined by the corporation each year under AS 42.45.080(c); (B) calculate the greatest amount that may be appropriated from the power cost equalization endowment fund, after the power cost equalization endowment fund has been adjusted for inflation under (e) of this section, without resulting in a decrease to the balance of the principal of the power cost equalization endowment fund as it existed on July 1, 2023; if, at the time of the corporation's calculation under this subparagraph, the balance of the principal of the power cost equalization endowment fund is less than the balance of the principal of the power cost equalization endowment fund as it existed on July 1, 2023, the corporation shall calculate the amount necessary to make the balance of the principal of the power cost equalization endowment fund 2023-05-15 House Journal Page 1111 equal to the amount of the balance of the principal of the power cost equalization endowment fund as it existed on July 1, 2023; and (C) prepare a report that includes the calculations made under this paragraph;" Page 2, line 6, following "report": Insert "under (b)(1) or (2) of this section" Page 2, line 10, following "available.": Insert "After preparing a report under (b)(3) of this section, the corporation shall deliver the report to the legislative finance division." Page 2, following line 13: Insert a new subsection to read: "(e) The legislature may appropriate to the principal of the power cost equalization endowment fund an amount sufficient to offset the effect of inflation on the principal of the power cost equalization endowment fund during that fiscal year. The legislature shall calculate the amount to appropriate to the principal under this subsection in the same manner as prescribed in AS 37.13.145(c) for calculation of the amount to transfer to the principal of the Alaska permanent fund to offset the effect of inflation on the principal of the Alaska permanent fund." Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Edgmon objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 98(FIN) Second Reading Amendment No. 2 YEAS: 1 NAYS: 38 EXCUSED: 1 ABSENT: 0 Yeas: Eastman 2023-05-15 House Journal Page 1112 Nays: Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Allard And so, Amendment No. 2 was not adopted. Representative Saddler moved and asked unanimous consent that CSSB 98(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSB 98(FIN) will advance to third reading on tomorrow's calendar. SB 126 The following, which was carried over to today's calendar due to canceled session (page 1101), was read the second time: SENATE BILL NO. 126 "An Act relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to architects, engineers, land surveyors, and landscape architects; and providing for an effective date." with the: Journal Page L&C RPT 5DP 1082 FN1: ZERO(CED) 1082 Amendment No. 1 was offered by Representative Eastman: Page 18, line 6: Delete all material. Renumber the following bill section accordingly. 2023-05-15 House Journal Page 1113 Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 126 Second Reading Amendment No. 1 YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Eastman, Galvin, Gray, Hannan, Himschoot, Ortiz, Stapp, Stutes Nays: Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Groh, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Story, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Allard And so, Amendment No. 1 was not adopted. Representative Saddler moved and asked unanimous consent that SB 126 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 126 was read the third time. The question being: "Shall SB 126 pass the House?" The roll was taken with the following result: SB 126 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 2023-05-15 House Journal Page 1114 Yeas: Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Allard And so, SB 126 passed the House. Representative Saddler moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. SB 126 was signed by the Speaker and Chief Clerk and returned to the Senate. 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: In Memoriam - Charletha "Char" Powers By Senator Kawasaki; Representatives Stapp, Dibert In Memoriam - Erma Doogan By Senator Kawasaki; Representatives Dibert, Carrick In Memoriam - Toni Croft By Senators Wielechowski, Claman; Representative Josephson In Memoriam - Chancy Croft By Senators Wielechowski, Claman; Representative Josephson The Speaker stated that the House would stand at ease for 15 minutes; and so, the House stood at ease at 2:00 pm. AFTER AT EASE The Speaker called the House back to order at 2:22 p.m. 2023-05-15 House Journal Page 1115 CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Saddler moved and asked unanimous consent that the House adopt the following First Supplemental Calendar: HB 135 REJECT COMPENSATION COMM RECOMMENDATIONS There was objection. The question being: "Shall the House adopt the First Supplemental Calendar?" The roll was taken with the following result: Supplemental Calendar - Adopt YEAS: 35 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Armstrong, Carpenter, Carrick, Coulombe, Cronk, Dibert, Eastman, Edgmon, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Story, Stutes, Tilton, Tomaszewski, Vance, Wright Nays: Fields, Schrage, Sumner Excused: Allard Absent: Patkotak And so, the motion passed. HOUSE BILLS IN SECOND READING HB 135 The following, which was read the second time and returned to the Rules Committee (page 573), was before the House in second reading: HOUSE BILL NO. 135 "An Act disapproving recommendations of the State Officers Compensation Commission; and providing for an effective date." Amendment No. 1 was offered by Representative Eastman: 2023-05-15 House Journal Page 1116 Page 1, line 1, following "Act"(title amendment): Insert "relating to and" Page 1, following line 3: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: FINDINGS. The legislature finds that the State Officers Compensation Commission may not waive the public notice requirement for meetings under AS 39.23.500(c)." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 135 Second Reading Amendment No. 1 YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Armstrong, Carrick, Eastman, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, Mina, Ortiz, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Wright Nays: Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, McCormick, McKay, Mears, Patkotak, Prax, Schrage, Vance Excused: Allard And so, Amendment No. 1 was adopted and the new title follows: 2023-05-15 House Journal Page 1117 HOUSE BILL NO. 135 am "An Act relating to and disapproving recommendations of the State Officers Compensation Commission; and providing for an effective date." Amendment No. 2 was offered by Representative Eastman: Page 1, line 1, following "Act"(title amendment): Insert "relating to the State Officers Compensation Commission;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 39.23.540(e) is amended to read: (e) The commission may prepare amendments to the report submitted under (d) of this section and notify the legislature that the amendments are available. An amendment under this subsection must be submitted before either the senate or house of representatives takes action on the report and not later than 45 days after the report is submitted." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative C. Johnson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 135 am Second Reading Amendment No. 2 YEAS: 9 NAYS: 30 EXCUSED: 1 ABSENT: 0 Yeas: Armstrong, Carrick, Eastman, Groh, Hannan, Josephson, Mina, Stapp, Sumner 2023-05-15 House Journal Page 1118 Nays: Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Story, Stutes, Tilton, Tomaszewski, Vance, Wright Excused: Allard And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Fields: Page 1, line 1, following "Act"(title amendment): Insert "relating to employee compensation;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 24.10.210 is amended to read: Sec. 24.10.210. Employees of legislative agencies. Except as provided in (b) of this section, employees [EMPLOYEES] of agencies governed by permanent interim committees of the legislature under AS 24.20 and employees of the committees themselves are compensated under AS 39.27.011, the general state salary schedule, at levels budgeted and approved by the governing committees in accordance with law. The governing committees shall coordinate with each other on position levels and salary- related policies to every extent possible consistent with the statutory duties and powers of each permanent committee and its agency. * Sec. 2. AS 24.10.210 is amended by adding a new subsection to read: (b) Commissioned police officers and security officers employed by the legislature shall be compensated at levels comparable with local and state law enforcement officers in similar positions. The executive director of the Legislative Affairs Agency shall determine the compensation for legislative commissioned police officers and security officers under this subsection." Page 1, line 4: Delete "Section 1" Insert "Sec. 3" 2023-05-15 House Journal Page 1119 Renumber the following bill section accordingly. Representative Fields moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. Representative Fields moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Representative Saddler moved and asked unanimous consent that HB 135 am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 135 am will advance to third reading on tomorrow's calendar. UNFINISHED BUSINESS HJR 7 Representative Vance, Chair, moved and asked unanimous consent that Uniform Rule 23(a) be waived so the Judiciary Committee may hear the following on May 16: HOUSE JOINT RESOLUTION NO. 7 Proposing amendments to the Constitution of the State of Alaska requiring payment of a dividend to eligible state residents. There was objection. The question being: "Shall the House waive Uniform Rule 23(a)?" The roll was taken with the following result: HJR 7 Waive Uniform Rule 23(a) Judiciary Committee, 1:00 p.m., May 16 YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 2023-05-15 House Journal Page 1120 Yeas: Carpenter, Coulombe, Cronk, Eastman, Edgmon, Foster, Galvin, Groh, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Dibert, Fields, Gray, Hannan, Himschoot, Mears, Mina, Ortiz, Schrage, Story, Stutes Excused: Allard And so, the motion failed. HB 135 Representative Coulombe added as a cosponsor to: HOUSE BILL NO. 135 am "An Act relating to and disapproving recommendations of the State Officers Compensation Commission; and providing for an effective date." ENROLLMENT HB 128 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:30 a.m., May 15: CS FOR HOUSE BILL NO. 128(TRA) "An Act relating to the operation of a tank vessel or oil barge as an oil terminal facility; relating to the definition of 'oil terminal facility'; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: Finance Committee CHANGED TO: 15 min. after adjournment 2023-05-15 House Journal Page 1121 ADJOURNMENT Representative Saddler moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 16. There being no objection, the House adjourned at 3:02 p.m. Crystaline Jones Chief Clerk