Legislature(2015 - 2016)
2016-03-07 Senate Journal
Full Journal pdf2016-03-07 Senate Journal Page 2045 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 7, 2016 Forty-ninth Day Pursuant to adjournment the Senate was called to order by President Meyer at 11:04 a.m. The roll showed nineteen members present. Senator Stedman was excused from a call of the Senate. The prayer was offered by the Chaplain, Reverend Dr. Phil Campbell, Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious Creator of all that is, make your presence known to all those gathered in the chamber this day. Keep them mindful of your great purposes of justice and equity. Grant them attentiveness in listening and clarity in communication that their discussions and deliberations will bear the fruits of wisdom and compassion. Bring to their awareness the needs of all the people in this great state that they might serve them with insight and integrity. Guide those in this chamber in the ways of peace. In the name of all that is holy, I pray, Amen. Senator Olson led the Senate in the Pledge of Allegiance. 2016-03-07 Senate Journal Page 2046 Certification Senator Coghill moved and asked unanimous consent that the journals for the forty-sixth through forty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports SB 164 The Resources Committee considered SENATE BILL NO. 164 "An Act relating to sport fishing, hunting, or trapping licenses, tags, or permits; relating to penalties for certain sport fishing, hunting, and trapping license violations; relating to restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating violations and amending fines and restitution for certain fish and game offenses; relating to commercial fishing violations; allowing lost federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of restitution; adding a definition of 'electronic form'; amending Rule 5(a)(4), Alaska Rules of Minor Offense Procedure; and providing for an effective date." Signing do pass: Senator Giessel, Chair. Signing no recommendation: Senator Wielechowski. Signing amend: Senators Costello, Coghill, Micciche. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, zero, Department of Fish and Game The bill was referred to the Judiciary Committee. Consideration of the Calendar Second Reading of Senate Bills SB 18 SENATE BILL NO. 18 "An Act exempting a health care sharing ministry from regulation as an insurer" was read the second time. 2016-03-07 Senate Journal Page 2047 Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 18 was read the third time. The question being: "Shall SENATE BILL NO. 18 "An Act exempting a health care sharing ministry from regulation as an insurer" pass the Senate?" The roll was taken with the following result: SB 18 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stevens, Stoltze, Wielechowski Excused: Stedman and so, SENATE BILL NO. 18 passed the Senate. Senator Gardner gave notice of reconsideration. SB 127 SENATE BILL NO. 127 "An Act relating to actions by insurers based on credit history or insurance score; and providing for an exception to consideration by an insurer of credit history or insurance score" was read the second time. President Meyer stated SENATE BILL NO. 127 will be on the March 9 calendar. Citations Honoring - HooDoo Brewing Company U.S. Chamber of Commerce 2016 "Dream Big" Blue Ribbon Small Business Award Winner Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski 2016-03-07 Senate Journal Page 2048 In Memoriam - Robert "Dennis" Small Representative(s) Wilson Senator(s) Coghill, Meyer, Bishop, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski In Memoriam - Annette Frances Bray Representative(s) Wilson Senator(s) Coghill, Meyer, Bishop, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski In Memoriam - Kenneth "Scott" Willis Representative(s) Munoz, Kito Senator(s) Egan, Meyer, Bishop, Coghill, Costello, Dunleavy, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Senator Coghill moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Coghill moved and asked unanimous consent to return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports SB 74 The Finance Committee considered SENATE BILL NO. 74 "An Act relating to permanent fund dividends; relating to a medical assistance reform program; establishing a personal health savings account program for medical assistance recipients; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; and relating to a study by the Department of Health and Social Services" and recommended it be replaced with 2016-03-07 Senate Journal Page 2049 CS FOR SENATE BILL NO. 74(FIN) "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed professional counselor, marriage and family therapist, psychologist, psychological associate, and social worker by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to accounting for program receipts; relating to public record status of records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to competitive bidding for medical assistance products and services; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess civil penalties for violations of medical assistance program requirements; relating to seizure and forfeiture of property for medical assistance fraud; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, 82, and 89, Alaska Rules of Civil Procedure, and Rule 37, Alaska Rules of Criminal Procedure; and providing for an effective date." 2016-03-07 Senate Journal Page 2050 Signing do pass: Senators Kelly, MacKinnon, Cochairs; Senators Micciche, Bishop, Hoffman. Signing no recommendation: Senator Dunleavy. Fiscal information forthcoming. The bill was referred to the Rules Committee. Unfinished Business SB 126 Senator McGuire moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 126 "An Act establishing an exemption for the offering and sale of certain securities." Without objection, it was so ordered. SB 127 Senators Costello, MacKinnon, Stevens, Micciche, Bishop, Meyer moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 127 "An Act relating to actions by insurers based on credit history or insurance score; and providing for an exception to consideration by an insurer of credit history or insurance score." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 9, 2016. Without objection, the Senate adjourned at 11:37 a.m. Liz Clark Secretary of the Senate 2016-03-07 Senate Journal Page 2051 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. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 08 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 10 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Mar 08 Tuesday Butrovich 205 3:30 PM -- MEETING CANCELED -- + HB 76 GOV COUNCIL ON DISABILITIES/SPECIAL ED -- Public Testimony -- + SB 190 EXEMPTION FROM POST-SECONDARY ED REGS -- Public Testimony -- + Bills Previously Heard/Scheduled Mar 10 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled: += HB 76 GOV COUNCIL ON DISABILITIES/SPECIAL ED -- Public Testimony -- += SB 190 EXEMPTION FROM POST-SECONDARY ED REGS -- Public Testimony -- += SB 191 LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS -- Public Testimony -- ---------------------------------------- 2016-03-07 Senate Journal Page 2052 FINANCE Mar 07 Monday Senate Finance 532 9:00 AM -- Recessed to 3:45 pm -- += SB 74 MEDICAID REFORM/PFD/HSAS/ER USE/STUDIES += SB 139 APPROP: OPERATING BUDGET/LOANS/FUNDS -- Public Testimony <Limited to 2 Minutes> -- += SB 140 APPROP: MENTAL HEALTH BUDGET -- Public Testimony <Limited to 2 Minutes> -- + Bills Previously Heard/Scheduled Statewide Public Testimony: Please Arrive 15 Minutes Prior to End of Allotted Time Period or Testimony Will Close Early. Please Select a Spokesperson to Testify if You Are a Member of a Group with the Same Message. If You are Unable to Access Your Local LIO, Written Testimony May be Submitted to the Senate Finance Committee via Email: Finance.committee@akleg.gov 3:45 - 5:30 Juneau Mar 08 Tuesday Senate Finance 532 10:00 AM += SB 139 APPROP: OPERATING BUDGET/LOANS/FUNDS -- Public Testimony <Limited to 2 Minutes> -- += SB 140 APPROP: MENTAL HEALTH BUDGET -- Public Testimony <Limited to 2 Minutes> -- + Bills Previously Heard/Scheduled Statewide Public Testimony: Please Arrive 15 Minutes Prior to End of Allotted Time Period or Testimony Will Close Early. Please Select a Spokesperson to Testify if You Are a Member of a Group with the Same Message. If You are Unable to Access Your Local LIO, Written Testimony May be Submitted to the Senate Finance Committee via Email: Finance.committee@akleg.gov 10:00 - 11:00 Bethel, Nome, Kotzebue, Unalaska 11:15 - 12:00 Barrow, Tok, Delta Junction 1:00 - 2:00 Ketchikan, Wrangell, Petersburg 2:15 - 3:30 Sitka, Cordova, Valdez 3:45 - 5:30 Statewide Teleconference - Offnet Site 2016-03-07 Senate Journal Page 2053 FINANCE (continued) Mar 09 Wednesday Senate Finance 532 9:00 AM += SB 139 APPROP: OPERATING BUDGET/LOANS/FUNDS -- Public Testimony <Limited to 2 Minutes> -- += SB 140 APPROP: MENTAL HEALTH BUDGET -- Public Testimony <Limited to 2 Minutes> -- + Bills Previously Heard/Scheduled Statewide Public Testimony: Please Arrive 15 Minutes Prior to End of Allotted Time Period or Testimony Will Close Early. Please Select a Spokesperson to Testify if You Are a Member of a Group with the Same Message. If You are Unable to Access Your Local LIO, Written Testimony May be Submitted to the Senate Finance Committee via Email: Finance.committee@akleg.gov 9:00 - 10:45 Anchorage 1:00 - 1:45 Glennallen, Seward, Homer 3:00 - 4:30 Fairbanks, Mat-Su 4:45 - 5:45 Kenai, Kodiak, Dillingham Mar 10 Thursday Senate Finance 532 9:00 AM += SB 139 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 140 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled Mar 11 Friday Senate Finance 532 9:00 AM += SB 139 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 140 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 07 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 09 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 11 Friday Butrovich 205 1:30 PM No Meeting Scheduled 2016-03-07 Senate Journal Page 2054 JUDICIARY Mar 07 Monday Beltz 105 (tsbldg) 1:30 PM + SB 141 E-CIGS: SALE TO AND POSSESSION BY MINOR + SB 103 RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING + Bills Previously Heard/Scheduled -- Public Testimony -- += SB 174 REG. OF FIREARMS/KNIVES BY UNIV. OF AK += SB 180 PARENT-GUARDIAN/CHILD:TEMP. POWER OF ATTY Moved CSSB 180(JUD), Rescinded Action on Prior CS Mar 09 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 182 DNA TESTING EXEMPTION FOR GENEALOGY + SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS <Pending Referral> + Bills Previously Heard/Scheduled -- Public Testimony -- Mar 11 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 08 Tuesday Beltz 105 (tsbldg) 1:30 PM + SB 168 BOARD OF BARBERS AND HAIRDRESSERS += SB 152 MONEY SERVICES BUSINESS: REQS; LICENSING; + Bills Previously Heard/Scheduled -- Public Testimony -- Mar 10 Thursday Beltz 105 (tsbldg) 1:30 PM + SB 55 OPTOMETRY & OPTOMETRISTS + SB 197 MOTOR VEHICLE DEALER FRANCHISES -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled -- Public Testimony -- ---------------------------------------- 2016-03-07 Senate Journal Page 2055 RESOURCES Mar 07 Monday Butrovich 205 3:30 PM <Joint with the House Resources Committee> + Overview: The Cohen Group Report on the Environmental Protection Agency's Pebble Mine Action -- Testimony <Invitation Only> -- Mar 07 Monday Butrovich 205 4:30 PM += SB 163 NATL. RES. WATER NOMINATION/DESIGNATION + Overview: Department of Environmental Conservation, Department of Natural Resources -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Mar 09 Wednesday Butrovich 205 3:30 PM + Confirmation on Governor's Appointees: Board of Fisheries: Al Cain, Robert Ruffner -- Public Testimony on Appointees -- + Bills Previously Heard/Scheduled Mar 11 Friday Butrovich 205 3:30 PM + Confirmation on Governor's Appointees Continued: Board of Fisheries: Al Cain, Robert Ruffner -- Public Testimony on Appointees -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 08 Tuesday Butrovich 205 9:00 AM += SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS -- Continued Public Testimony -- -- Discussion of Fiscal Notes -- -- Consideration of Member Amendments -- + Bills Previously Heard/Scheduled Mar 08 Tuesday Butrovich 205 5:00 PM += SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS -- If Necessary -- + Bills Previously Heard/Scheduled 2016-03-07 Senate Journal Page 2056 STATE AFFAIRS (continued) Mar 10 Thursday Butrovich 205 8:30 AM + Confirmation on Governor's Appointees: -- Public Testimony on Appointees -- Regulatory Commission of Alaska: Rebecca Pauli += SB 114 PERM FUND: EARNINGS, DEPOSITS, ACCOUNTS += SB 128 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 08 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Mar 10 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Mar 10 Thursday Beltz 105 (tsbldg) 8:00 AM -- MEETING CANCELED -- Budget Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 08 Tuesday Beltz 105 (tsbldg) 8:00 AM -- MEETING CANCELED -- Budget Closeout ---------------------------------------- PUBLIC SAFETY Mar 09 Wednesday Beltz 105 (tsbldg) 8:00 AM -- MEETING CANCELED -- Budget Closeout 2016-03-07 Senate Journal Page 2057 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 18 Friday House Finance 519 7:30 AM -- Testimony <Invitation Only> -- Audits - Executive Session: Statewide Single Audit FY15 - Preliminary Commercial Passenger Vessel Tax Special Audit - Preliminary Other Committee Business ---------------------------------------- OTHER MEETINGS MISCELLANEOUS MEETING Mar 10 Thursday Butrovich 205 12:00 PM Lunch and Learn: Tax and Fiscal Policy Task Force Presentation by the American Legislative Exchange Council Sponsored by Senator Dunleavy