Legislature(2013 - 2014)

2014-04-22 Senate Journal

Full Journal pdf

2014-04-22                     Senate Journal                      Page 2729
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-EIGHTH LEGISLATURE                                                                          
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                     Tuesday                    April 22, 2014                                                  
                                                                                                                                
                              Ninety-second Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Huggins at 12:50 p.m.                                                                                                           
                                                                                                                                
The roll showed twenty members present.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Andy Higgins. Senator                                                                   
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          My prayer today will focus on the most powerful                                                                       
          force in the universe, love. For hate may make                                                                        
          someone do harm or kill another but only love will                                                                    
          inspire someone to give their own life for a stranger.                                                                
          With this in mind I would ask everyone here with                                                                      
          children to imagine the pain and helplessness they                                                                    
          have felt when they see their own child in pain,                                                                      
          knowing you cannot alleviate their hurt. Imagine now                                                                  
          God, looking down at his only son experiencing the                                                                    
          most pain a human can experience and knowing he                                                                       
          could stop his child's misery at any moment, yet he                                                                   
          chose not to, so that we all may be free.                                                                             
                                                                                                                                
          Let this most brilliant and magnificent love fill the                                                                 
          hearts of these elected officials and grant them peace                                                                
          as they go about the arduous and often thankless                                                                      
                   work of the people of Alaska.     Amen.                                                                     
                                                                                                                                
Senator Giessel led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2730
                           Messages from the House                                                                           
                                                                                                                                
SB 214                                                                                                                        
Message dated April 20 was received stating the House passed and                                                                
returned:                                                                                                                       
                                                                                                                                
          CS FOR SENATE BILL NO. 214(L&C) am "An Act                                                                            
          relating to independent portable electronics adjuster                                                                 
          licensing."                                                                                                           
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HB 75                                                                                                                         
Message dated April 21 was received stating the House concurred in                                                              
the Senate amendment to CS FOR HOUSE BILL NO. 75(FIN) "An                                                                       
Act amending certain audit requirements for entities receiving                                                                  
contributions from permanent fund dividends; requiring the three main                                                           
campuses of the University of Alaska to apply to be included on the                                                             
contribution list for contributions from permanent fund dividends; and                                                          
requiring the university to pay an application fee for each campus                                                              
separately listed on the contribution list for contributions from                                                               
permanent fund dividends" thus adopting:                                                                                        
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 75(FIN) "An Act amending certain audit                                                                            
          requirements for entities receiving contributions from                                                                
          permanent fund dividends; requiring the three main                                                                    
          campuses of the University of Alaska to apply to be                                                                   
          included on the contribution list for contributions                                                                   
          from permanent fund dividends; relating to notice                                                                     
          provided on the electronic dividend application form;                                                                 
          relating to administrative costs for administering the                                                                
          program of contributions from permanent fund                                                                          
          dividends; relating to a coordination fee for entities                                                                
          that receive contributions from permanent fund                                                                        
          dividends; and requiring the university to pay an                                                                     
          application fee for each campus separately listed on                                                                  
          the contribution list for contributions from permanent                                                                
          fund dividends." (Title Change SCR 23)                                                                                
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2731
HB 140                                                                                                                        
Message dated April 21 was received stating the House concurred in                                                              
the Senate amendment to CS FOR HOUSE BILL NO. 140(FIN) am,                                                                      
thus adopting:                                                                                                                  
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 140(JUD) "An Act relating to the proposed                                                                         
          adoption, amendment, or repeal of a regulation; and                                                                   
          relating to contact with agencies about regulations."                                                                 
                                                                                                                                
HB 206                                                                                                                        
Message dated April 21 was received stating the House concurred in                                                              
the Senate amendment to CS FOR HOUSE BILL NO. 206(L&C), thus                                                                    
adopting:                                                                                                                       
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 206(L&C) "An Act relating to motor vehicle                                                                        
          service contracts; exempting motor vehicle service                                                                    
          contracts from regulation as insurance; and providing                                                                 
          for an effective date."                                                                                               
                                                                                                                                
HB 246                                                                                                                        
Message dated April 20 was received stating the House concurred in                                                              
the Senate amendment to HOUSE BILL NO. 246, thus adopting:                                                                      
                                                                                                                                
          HOUSE BILL NO. 246 am S "An Act adding                                                                                
          additional land and water to the Creamer's Field                                                                      
          Migratory Waterfowl Refuge; designating the House                                                                     
          of Wickersham as the official residence of the                                                                        
          lieutenant governor and making the House of                                                                           
          Wickersham available for other uses; and relating to                                                                  
          per diem claims by the lieutenant governor that are                                                                   
          related to the location of the official residence of the                                                              
          lieutenant governor."                                                                                                 
                                                                                                                                
HB 263                                                                                                                        
Message dated April 21 was received stating the House concurred in                                                              
the Senate amendment to CS FOR HOUSE BILL NO. 263(HSS), thus                                                                    
adopting:                                                                                                                       
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2732
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 263(FIN) "An Act extending the Alaska senior                                                                      
          benefits payment program."                                                                                            
                                                                                                                                
HB 266                                                                                                                        
Message dated April 20 was received stating the House has adopted                                                               
the report of the Conference Committee with limited powers of free                                                              
conference considering SENATE CS FOR CS FOR HOUSE BILL                                                                          
NO. 266(FIN) and CS FOR HOUSE BILL NO. 266(FIN), thus                                                                           
adopting:                                                                                                                       
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 266                                                                                  
          "An Act making appropriations for the operating and                                                                   
          loan program expenses of state government and for                                                                     
          certain programs, capitalizing funds, and making                                                                      
          reappropriations; and providing for an effective date."                                                               
                                                                                                                                
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 266                                                                         
on April 20 (page 2654).                                                                                                        
                                                                                                                                
HB 267                                                                                                                        
Message dated April 20 was received stating the House has adopted                                                               
the report of the Conference Committee with limited powers of free                                                              
conference considering SENATE CS FOR CS FOR HOUSE BILL                                                                          
NO. 267(FIN) and CS FOR HOUSE BILL NO. 267(FIN), thus                                                                           
adopting:                                                                                                                       
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 267                                                                                  
          "An Act making appropriations for the operating and                                                                   
          capital expenses of the state's integrated                                                                            
          comprehensive mental health program; and providing                                                                    
          for an effective date."                                                                                               
                                                                                                                                
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 267                                                                         
on April 20 (page 2655).                                                                                                        
                                                                                                                                
HB 287                                                                                                                        
Message dated April 21 was received stating the House concurred in                                                              
the Senate amendment to CS FOR HOUSE BILL NO. 287(RLS) am                                                                       
"An Act relating to the determination of the royalty received by the                                                            

2014-04-22                     Senate Journal                      Page 2733
state on oil production refined or processed in the state; providing tax                                                        
credits for qualified infrastructure expenditures for in-state refineries                                                       
and hydrocarbon processing facilities; approving and ratifying the sale                                                         
of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro                                                          
Refining and Marketing Company LLC; and providing for an effective                                                              
date" thus adopting:                                                                                                            
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 287(FIN) "An Act relating to the determination                                                                    
          of the royalty received by the state on oil production                                                                
          refined or processed in the state; providing tax credits                                                              
          for qualified infrastructure expenditures for in-state                                                                
          refineries; approving and ratifying the sale of royalty                                                               
          oil by the State of Alaska to Tesoro Corporation and                                                                  
          Tesoro Refining and Marketing Company LLC; and                                                                        
          providing for an effective date."                                                                                     
          (Title Change SCR 31)                                                                                                 
                                                                                                                                
HB 385                                                                                                                        
Message dated April 20 was received stating the House concurred in                                                              
the Senate amendment to HOUSE BILL NO. 385 "An Act relating to                                                                  
additional state contributions to the teachers' defined benefit retirement                                                      
plan and the public employees' defined benefit retirement plan; and                                                             
providing for an effective date" thus adopting:                                                                                 
                                                                                                                                
          SENATE CS FOR HOUSE BILL NO. 385(FIN) "An                                                                             
          Act relating to the past service liabilities of the                                                                   
          defined benefit plan in the teachers' retirement system                                                               
          and the defined benefit plan in the public employees'                                                                 
          retirement system, and to excess assets of those plans                                                                
          on termination of the plans; and providing for an                                                                     
          effective date." (Title Change SCR 28)                                                                                
                                                                                                                                
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 64                                                                                                                         
Message dated April 20 was read stating the House passed and                                                                    
returned for consideration CS FOR SENATE BILL NO. 64(FIN) "An                                                                   
Act relating to theft and property offenses; relating to the definition of                                                      
'prior convictions' for certain theft offenses; establishing the Alaska                                                         

2014-04-22                     Senate Journal                      Page 2734
Criminal Justice Commission and providing an expiration date;                                                                   
relating to the crime of custodial interference; relating to the duties of                                                      
the Alaska Judicial Council; relating to jail-time credit for offenders in                                                      
court-ordered treatment programs; relating to conditions of release,                                                            
probation, and parole; relating to duties of the commissioner of                                                                
corrections and board of parole; establishing a fund for reducing                                                               
recidivism in the Department of Health and Social Services; requiring                                                           
the commissioner of health and social services to establish programs                                                            
for persons on conditions of release or probation that require testing                                                          
for controlled substances and alcoholic beverages; requiring the board                                                          
of parole to establish programs for persons on parole that require                                                              
testing for controlled substances and alcoholic beverages; relating to                                                          
the duties of the Department of Health and Social Services; and                                                                 
providing for an effective date" with the following amendments:                                                                 
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 64(FIN) am                                                                             
     H "An Act relating to theft and property offenses; relating to                                                             
     the definition of 'prior convictions' for certain theft offenses;                                                          
     establishing the Alaska Criminal Justice Commission and                                                                    
     providing an expiration date; relating to electronic                                                                       
     monitoring for certain persons convicted of driving while                                                                  
     under the influence; relating to the crime of custodial                                                                    
     interference; relating to the duties of the Alaska Judicial                                                                
     Council; relating to jail-time credit for offenders in court-                                                              
     ordered treatment programs; relating to conditions of                                                                      
     release, probation, and parole; relating to a mitigating factor                                                            
     for a person suffering from combat-related post-traumatic                                                                  
     stress disorder or combat-related traumatic brain injury;                                                                  
     relating to duties of the commissioner of corrections and                                                                  
     board of parole; establishing a program for reducing                                                                       
     recidivism in the Department of Health and Social Services;                                                                
     requiring the commissioner of health and social services to                                                                
     establish programs for persons on conditions of release or                                                                 
     probation that require testing for controlled substances and                                                               
     alcoholic beverages; requiring the board of parole to                                                                      
     establish programs for persons on parole that require testing                                                              
     for controlled substances and alcoholic beverages; relating                                                                
     to the duties of the Department of Health and Social                                                                       
     Services; and providing for an effective date."                                                                            
     (Title Change HCR 27)                                                                                                      
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2735
Senator Coghill moved that the Senate concur in the House                                                                       
amendments.                                                                                                                     
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                
HCS CSSB 64(FIN) am H                                                                                                           
Shall the Senate Concur in the House                                                                                            
Amendments to CSSB 64(FIN)?  Effective Dates                                                                                    
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough,                                                               
French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer,                                                              
Micciche, Olson, Stedman, Stevens, Wielechowski                                                                                 
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 64(FIN) am H "An                                                                            
Act relating to theft and property offenses; relating to the definition of                                                      
'prior convictions' for certain theft offenses; establishing the Alaska                                                         
Criminal Justice Commission and providing an expiration date;                                                                   
relating to electronic monitoring for certain persons convicted of                                                              
driving while under the influence; relating to the crime of custodial                                                           
interference; relating to the duties of the Alaska Judicial Council;                                                            
relating to jail-time credit for offenders in court-ordered treatment                                                           
programs; relating to conditions of release, probation, and parole;                                                             
relating to a mitigating factor for a person suffering from combat-                                                             
related post-traumatic stress disorder or combat-related traumatic brain                                                        
injury; relating to duties of the commissioner of corrections and board                                                         
of parole; establishing a program for reducing recidivism in the                                                                
Department of Health and Social Services; requiring the commissioner                                                            
of health and social services to establish programs for persons on                                                              
conditions of release or probation that require testing for controlled                                                          
substances and alcoholic beverages; requiring the board of parole to                                                            
establish programs for persons on parole that require testing for                                                               
controlled substances and alcoholic beverages; relating to the duties of                                                        
the Department of Health and Social Services; and providing for an                                                              
effective date."                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2736
Senator Coghill moved and asked unanimous consent that the vote on                                                              
concurrence be considered the vote on the effective date clauses.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HCR 27                                                                                                                        
Senator Coghill moved and asked unanimous consent to take up                                                                    
HOUSE CONCURRENT RESOLUTION NO. 27. Without objection,                                                                          
the resolution was before the Senate on final passage.                                                                          
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                                              
of the Alaska State Legislature, concerning Senate Bill No. 64,                                                                 
relating to theft and property offenses; relating to the definition of                                                          
"prior convictions" for certain theft offenses; establishing the Alaska                                                         
Criminal Justice Commission and providing an expiration date;                                                                   
relating to the crime of custodial interference; relating to the duties of                                                      
the Alaska Judicial Council; relating to jail-time credit for offenders in                                                      
court-ordered treatment programs; relating to conditions of release,                                                            
probation, and parole; relating to duties of the commissioner of                                                                
corrections and board of parole; establishing a fund for reducing                                                               
recidivism in the Department of Health and Social Services; requiring                                                           
the commissioner of health and social services to establish programs                                                            
for persons on conditions of release or probation that require testing                                                          
for controlled substances and alcoholic beverages; requiring the board                                                          
of parole to establish programs for persons on parole that require                                                              
testing for controlled substances and alcoholic beverages; and relating                                                         
to the duties of the Department of Health and Social Services, pass the                                                         
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
HCR 27                                                                                                                          
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough,                                                               
French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer,                                                              
Micciche, Olson, Stedman, Stevens, Wielechowski                                                                                 
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2737
and so, HOUSE CONCURRENT RESOLUTION NO. 27 passed the                                                                           
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in recess to a call of the Chair. Without objection, the Senate                                                           
recessed at 1:02 p.m.                                                                                                           
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 6:18 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
HB 306                                                                                                                        
CS FOR HOUSE BILL NO. 306(FIN) "An Act relating to the review                                                                   
and administration of tax credit programs; requiring the Department of                                                          
Revenue to report indirect expenditures; relating to the duties of state                                                        
agencies; requiring the legislative finance division to analyze certain                                                         
indirect expenditures; relating to lapse dates for appropriations for                                                           
capital projects; repealing the insurance tax education credit, the                                                             
income tax education credit, the veteran employment tax credit, the oil                                                         
or gas producer education credit, the property tax education credit, the                                                        
mining business education credit, the fisheries business education                                                              
credit, the fisheries business tax credit for scholarship contributions,                                                        
the fisheries business salmon product development tax credit, the                                                               
fisheries business salmon utilization tax credit, the fisheries business                                                        
landing tax credit for scholarship contributions, the fisheries resource                                                        
landing tax credit for the fisheries resource harvested under the                                                               
community development quota, the fisheries resource landing tax                                                                 
education credit, and the film production tax credit; and providing for                                                         
an effective date" was not taken up.                                                                                            
                                                                                                                                
The bill will be on the April 23 calendar.                                                                                      
                                                                                                                                
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2738
HB 316                                                                                                                        
CS FOR HOUSE BILL NO. 316(FIN) "An Act relating to workers'                                                                     
compensation fees for medical treatment and services; relating to                                                               
workers' compensation regulations; and providing for an effective                                                               
date" was not taken up.                                                                                                         
                                                                                                                                
The bill will be on the April 23 calendar.                                                                                      
                                                                                                                                
HB 361                                                                                                                        
HOUSE BILL NO. 361 "An Act relating to licensing of behavior                                                                    
analysts" was not taken up.                                                                                                     
                                                                                                                                
The bill will be on the April 23 calendar.                                                                                      
                                                                                                                                
HB 366                                                                                                                        
CS FOR HOUSE BILL NO. 366(JUD) "An Act relating to reporting                                                                    
an involuntary mental health commitment to the National Instant                                                                 
Criminal Background Check System; relating to the sealing of records                                                            
of mental health proceedings; and relating to relief from a disability                                                          
resulting from an involuntary commitment or an adjudication of                                                                  
mental illness or mental incompetence" was not taken up.                                                                        
                                                                                                                                
The bill will be on the April 23 calendar.                                                                                      
                                                                                                                                
HB 369                                                                                                                        
CS FOR HOUSE BILL NO. 369(JUD) "An Act relating to restrictions                                                                 
on the criminal prosecution for certain offenses for a person who seeks                                                         
medical assistance for a person experiencing a drug overdose" was not                                                           
taken up.                                                                                                                       
                                                                                                                                
The bill will be on the April 23 calendar.                                                                                      
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2739
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 9:00 a.m., April 23, 2014. Without                                                                   
objection, the Senate adjourned at 6:19 p.m.                                                                                    
                                                                                                                                
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2014-04-22                     Senate Journal                      Page 2740
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Apr 29        Tuesday                   Anch Lio Conf Rm              3:00 PM                                                 
              -- Subcommittee Meeting --                                                                                        
              Department of Corrections Performance Review                                                                      
+             Other Committee Business:                                                                                         
              Public Testimony Regarding the Operations and                                                                     
              Interactions of the Dept. of Corrections, its                                                                     
              Facilities and its Community Programs and                                                                         
              Resources                                                                                                         
              **Streamed live on AKL.TV**                                                                                       
                                                                                                                                
May 08        Thursday                            Bethel Lio        10:00 AM                                                  
                -- Subcommittee Meeting --                                                                                      
              Department of Corrections Performance Review                                                                      
+             Other Committee Business:                                                                                         
              Public Testimony Regarding the Operations and                                                                     
              Interactions of the Dept. of Corrections, its                                                                     
              Facilities and its Community Programs and                                                                         
              Resources                                                                                                         
              **Streamed live on AKL.TV**                                                                                       
                                                                                                                                
May 14        Wednesday                   Fbx Lio Conf Rm             1:30 PM                                                 
              -- Subcommittee Meeting --                                                                                        
              Department of Corrections Performance Review                                                                      
+             Other Committee Business:                                                                                         
              Public Testimony Regarding the Operations and                                                                     
              Interactions of the Dept. of Corrections, its                                                                     
              Facilities and its Community Programs and                                                                         
              Resources                                                                                                         
              **Streamed live on AKL.TV**                                                                                       
                   ----------------------------------------                                                                    

2014-04-22                     Senate Journal                      Page 2741
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                        CONFERENCE COMMITTEE ON HB278                                                                        
                                                                                                                                
Apr 22        Tuesday                    House Finance 519          10:00 AM                                                  
              -- Recessed to a Call of the Chair --                                                                             
= HB 278 EDUCATION