Legislature(2015 - 2016)
2016-03-16 Senate Journal
Full Journal pdf2016-03-16 Senate Journal Page 2143 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday March 16, 2016 Fifty-eighth Day Pursuant to adjournment the Senate was called to order by President Meyer at 11:06 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Nathan Stearman, Juneau Seventh-day Adventist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. It is a new day-and I am grateful. Today, these good Senators will continue working through the business at hand. Please grant them the wisdom needed. Guide them as they seek to balance all of the demands that press upon them from all of those who have an interest in our Great State. Bless their districts and help them to know how best to conduct the work at hand. As this session moves quickly along, grant each wisdom in using the remaining time wisely so that much may be accomplished. Thank you, Lord! In Jesus' name I ask this, Amen. Senator Bishop led the Senate in the Pledge of Allegiance. 2016-03-16 Senate Journal Page 2144 Certification Senator Coghill moved and asked unanimous consent that the journals for the fifty-sixth and fifty-seventh legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 23 Message was read stating the Governor signed the following bill on March 14 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 23(JUD) "An Act relating to the practice of pharmacy; relating to the dispensing of opioid overdose drugs by a pharmacist; relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs; and providing for an effective date." Chapter 2, SLA 2016 Effective Date: 3/15/16 Messages from the House Message dated March 15 was read stating: The Senate is invited to meet with the House for a joint session in the House chamber on Friday, April 15 at 11:00 a.m. The purpose of the joint session is to take up confirmation hearings. Senator Coghill moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. 2016-03-16 Senate Journal Page 2145 Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Court System Appellate and Trial Courts FY 2015 Time-To-Disposition Reports in accordance with AS 22.20.310 Alaska Court System Travel for Justices, Judges, and Magistrate Judges and Affidavit Information Calendar Year 2015 in accordance with AS 22.20.310 Department of Revenue Annual Report on the Constitutional Budget Reserve Fund March 15, 2016 in accordance with AS 37.10.430 Disclosure letters received from the Select Committee on Legislative Ethics, in accordance with AS 24.60, will be published in Senate Journal Supplement No. 5 and House and Senate Joint Journal Supplement No. 15. Standing Committee Reports SB 111 The Labor and Commerce Committee considered SENATE BILL NO. 111 "An Act relating to flame retardants and to the manufacture, distribution, and sale of products containing flame retardants; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 111(L&C) "An Act relating to flame retardants and to the manufacture, distribution, and sale of products containing flame retardants; making certain acts violations of the Alaska Unfair Trade Practices and Consumer Protection Act; and providing for an effective date." 2016-03-16 Senate Journal Page 2146 Signing no recommendation: Senator Costello, Chair; Senators Giessel, Meyer, Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Environmental Conservation Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Judiciary Committee. SB 114 The State Affairs Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 114 "An Act relating to the Alaska Permanent Fund Corporation, the earnings of the Alaska permanent fund, and the earnings reserve account; relating to the mental health trust fund; relating to deposits into the dividend fund; and providing for an effective date" and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 114(STA) "An Act relating to the Alaska Permanent Fund Corporation, the earnings of the Alaska permanent fund, and the earnings reserve account; relating to the mental health trust fund; relating to deposits into the dividend fund; relating to the duties of the commissioner of revenue; and providing for an effective date." Signing no recommendation: Senator Stoltze, Chair; Senators Huggins, Wielechowski. Signing do pass: Senators Coghill, McGuire. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Administration Fiscal Note No. 2, zero, Department of Revenue Fiscal Note No. 3, zero, Department of Revenue The bill was referred to the Finance Committee. 2016-03-16 Senate Journal Page 2147 SB 128 The State Affairs Committee considered SENATE BILL NO. 128 "An Act relating to the Alaska permanent fund; relating to appropriations to the dividend fund; relating to income of the Alaska permanent fund; relating to the earnings reserve account; relating to the Alaska permanent fund dividend; making conforming amendments; and providing for an effective date." Signing no recommendation: Senator Stoltze, Chair; Senators Coghill, Huggins, McGuire, Wielechowski. The following fiscal information was published today: Fiscal Note No. 3, indeterminate, Department of Administration The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue Fiscal Note No. 2, zero, Department of Revenue The bill was referred to the Finance Committee. SB 191 The Education Committee considered SENATE BILL NO. 191 "An Act relating to disciplinary sanctions imposed by the State Medical Board; restricting employees and representatives of abortion services providers, and affiliates of abortion services providers, from delivering instruction or distributing materials in public schools and providing civil penalties for violations; relating to revocation or suspension of teacher certificates; relating to the receipt of state funds by teachers and school board members; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 191(EDC) Signing do pass: Senator Dunleavy, Chair; Senators Huggins, Giessel. Signing do not pass: Senators Gardner, Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, zero, Department of Education and Early Development The bill was referred to the Judiciary Committee. 2016-03-16 Senate Journal Page 2148 HB 76 The Education Committee considered HOUSE BILL NO. 76 "An Act relating to the Governor's Council on Disabilities and Special Education." Signing do pass: Senator Dunleavy, Chair; Senators Gardner, Huggins, Giessel, Stevens. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Health and Social Services The bill was referred to the Rules Committee. SJR 1 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 1 Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund, establishing the earnings reserve account, relating to the permanent fund dividend, and requiring the permanent fund dividend be at least equal to the amount that would be calculated under current law. Signing no recommendation: Senator Stoltze, Chair; Senators Huggins, McGuire. Signing do pass: Senator Wielechowski. Signing do not pass: Senator Coghill. The following fiscal information was published today: Fiscal Note No. 1, zero, Office of the Governor The resolution was referred to the Judiciary Committee. Introduction and Reference of Senate Bills SB 204 SENATE BILL NO. 204 BY THE SENATE STATE AFFAIRS COMMITTEE, entitled: "An Act naming a shooting range in the Knik River Public Use Area the Kenny and Patti Barber Shooting Range." was read the first time and referred to the State Affairs Committee. 2016-03-16 Senate Journal Page 2149 Consideration of the Calendar Second Reading of Senate Bills SB 123 SENATE BILL NO. 123 "An Act relating to the penalty for the use of electronic devices while driving" was read the second time. Senator McGuire, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1963. Senator Gardner objected, then withdrew her objection. There being no further objection, CS FOR SENATE BILL NO. 123(JUD) "An Act relating to the bail forfeiture schedule and the penalty for the use of electronic devices while driving; and providing for an effective date" was adopted. 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. CS FOR SENATE BILL NO. 123(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 123(JUD) "An Act relating to the bail forfeiture schedule and the penalty for the use of electronic devices while driving; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 123(JUD) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski and so, CS FOR SENATE BILL NO. 123(JUD) passed the Senate. 2016-03-16 Senate Journal Page 2150 Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 180 SENATE BILL NO. 180 "An Act relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; and relating to the distribution to a parent or guardian in a child protection situation of information on family support services" was read the second time. Senator McGuire, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2084. Senator Gardner objected, then withdrew her objection. There being no further objection, CS FOR SENATE BILL NO. 180(JUD) "An Act relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; relating to nonprofit organizations that provide certain assistance to parents; relating to the distribution to a parent or guardian in a child protection situation of information on family support services; and providing for an effective date" was adopted. 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. CS FOR SENATE BILL NO. 180(JUD) was read the third time. Senators Micciche, Coghill, Bishop, MacKinnon, Stedman, Gardner, McGuire, Costello, Meyer moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 180(JUD) "An Act relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; relating to nonprofit organizations that provide certain assistance to parents; relating to the distribution to a parent or guardian in a child protection situation of information on family support services; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2016-03-16 Senate Journal Page 2151 CSSB 180(JUD) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski and so, CS FOR SENATE BILL NO. 180(JUD) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of Senate Resolutions SCR 20 SENATE CONCURRENT RESOLUTION NO. 20 Proclaiming April 2016 as Sexual Assault Awareness Month, was read the second time and was before the Senate on final passage. Senators Stoltze, Olson, Ellis, Wielechowski, Costello, McGuire, Coghill, Stevens, Micciche, Bishop, MacKinnon, Giessel, Egan, Hoffman, Stedman, Gardner moved and asked unanimous consent to be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 20 Proclaiming April 2016 as Sexual Assault Awareness Month, pass the Senate?" The roll was taken with the following result: SCR 20 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski 2016-03-16 Senate Journal Page 2152 and so, SENATE CONCURRENT RESOLUTION NO. 20 passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - The 1894 & 1898 Alaska Sami Reindeer Herders Senator(s) Olson, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Stedman, Stevens, Stoltze, Wielechowski Senator Coghill moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Coghill moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business In Memoriam - Lois Feaster Senator(s) Stoltze, Huggins, Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski Representative(s) Tilton, Hughes, Gattis, Kelly, Neuman, Colver Senator Coghill moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Dunleavy moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 18 through evening plane time, March 20. Without objection, Senator Dunleavy was excused. 2016-03-16 Senate Journal Page 2153 Announcements Announcements are at the end of the journal. Engrossment SB 123 CS FOR SENATE BILL NO. 123(JUD) "An Act relating to the bail forfeiture schedule and the penalty for the use of electronic devices while driving; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 180 CS FOR SENATE BILL NO. 180(JUD) "An Act relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; relating to nonprofit organizations that provide certain assistance to parents; relating to the distribution to a parent or guardian in a child protection situation of information on family support services; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 20 SENATE CONCURRENT RESOLUTION NO. 20 Proclaiming April 2016 as Sexual Assault Awareness Month, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., March 18, 2016. Without objection, the Senate adjourned at 12:11 p.m. Liz Clark Secretary of the Senate 2016-03-16 Senate Journal Page 2154 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 17 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 22 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 24 Thursday Beltz 105 (tsbldg) 3:30 PM += SB 88 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS -- Public Testimony -- ---------------------------------------- EDUCATION Mar 17 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled: += SB 190 EXEMPTION FROM POST-SECONDARY ED REGS ---------------------------------------- FINANCE Mar 16 Wednesday Senate Finance 532 9:00 AM + SB 69 BD OF CHIROPRACTIC EXAMINERS; PRACTICE -- Public Testimony -- + SB 124 EXTEND SUNSET ON AK COMMISSION ON AGING -- Public Testimony -- + SB 196 POWER COST EQ FUND: RESERVE ACCT;DIVIDEND -- Public Testimony -- + Bills Previously Heard/Scheduled 2016-03-16 Senate Journal Page 2155 FINANCE (continued) Mar 16 Wednesday Senate Finance 532 1:30 PM + Alaska Enterprise Agency Analysis: Alaska Industrial Development and Export Authority Alaska Energy Authority + Bills Previously Heard/Scheduled Mar 17 Thursday Senate Finance 532 9:00 AM + SB 101 STATE PARKS FEES & SALES OF MERCHANDISE -- Public Testimony -- + SB 170 DNR FEES FOR GEOLOGICAL SERVICES -- Public Testimony -- + Bills Previously Heard/Scheduled Mar 17 Thursday Senate Finance 532 1:30 PM + Alaska Enterprise Agency Analysis: Alaska Housing Finance Corporation Alaska Aerospace Corporation + Bills Previously Heard/Scheduled Mar 18 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 16 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 18 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 16 Wednesday Beltz 105 (tsbldg) 1:30 PM += SB 112 ADOPTION OF CHILD IN STATE CUSTODY + Bills Previously Heard/Scheduled: += SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS 2016-03-16 Senate Journal Page 2156 JUDICIARY (continued) Mar 18 Friday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 17 Thursday Beltz 105 (tsbldg) 1:30 PM + Confirmation Hearings: Alaska Labor Relations Agency Board of Barbers & Hairdressers Board of Chiropractic Examiners Board of Dental Examiners Board of Direct Entry Midwives Board of Examiners in Optometry Board of Marital and Family Therapy Board of Massage Therapists Board of Nursing Board of Pharmacy Board of Psychologists & Psychological Examiners Board of Public Accountancy Board of Registration Architects, Engineers & Land Surveyors Board of Social Work Examiners Board of Veterinary Examiners Fisherman's Fund Advisory & Appeals Council Occupational Safety & Health Review Board Physical Therapy & Occupational Therapy Board Workers' Compensation Board Workers' Compensation Appeals Commission + Bills Previously Heard/Scheduled -- Public Testimony -- ---------------------------------------- RESOURCES Mar 16 Wednesday Butrovich 205 3:30 PM += SB 172 FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS -- Public Testimony -- += SB 163 NATL. RES. WATER NOMINATION/DESIGNATION -- Public Testimony -- + Bills Previously Heard/Scheduled 2016-03-16 Senate Journal Page 2157 RESOURCES (continued) Mar 18 Friday Butrovich 205 3:30 PM + Overview: Bureau of Land Management Resource Management Plans for Alaska -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 17 Thursday Butrovich 205 8:30 AM += SJR 1 CONST AM: GUARANTEE PERM FUND DIVIDEND <Bill Hearing Canceled> += SB 114 PERM FUND: EARNINGS, DEPOSITS, ACCOUNTS <Bill Hearing Canceled> += SB 128 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS <Bill Hearing Canceled> + SB 144 RELOCATION ASSISTANCE FOR FED. PROJ/PROG -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 17 Thursday Capitol 106 1:00 PM -- Location Change -- + Joint with the House Transportation Committee + Integration of Driverless Cars in Alaska Ron Barnes, Google Inc. State Legislative Affairs + Industry Support Remarks Mike Sfraga, Vice Chancellor for Student Advancement, UAF Jim Dodson, CEO Fairbanks Economic Development Corporation ---------------------------------------- 2016-03-16 Senate Journal Page 2158 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 Furlough Impact - Division of Legislative Audit Other Committee Business ---------------------------------------- OTHER MEETINGS JOINT SESSION Apr 15 Friday House Chamber 11:00 AM Consideration of Governor's Appointees ---------------------------------------- JOINT VETERANS CAUCUS Mar 22 Tuesday Fahrenkamp 203 7:30 AM Joint Veterans' Caucus Agenda Forthcoming