Legislature(2015 - 2016)
2016-04-20 Senate Journal
Full Journal pdf2016-04-20 Senate Journal Page 2677 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday April 20, 2016 Ninety-third Day Pursuant to adjournment the Senate was called to order by President Meyer at 11:14 a.m. The roll showed seventeen members present. Senators Ellis, Kelly, McGuire were absent. The prayer was offered by the Chaplain, Senator Stoltze. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious and Merciful God, We give You thanks for giving us another day. We pray for Your blessing upon the members of this House. In this chamber, where the people's Senate gathers, together in unison we pause to offer You gratitude for the gift of this good land on which we live, and for this great Nation which you have inspired in developing over so many years. Continue to inspire and guide us with your wisdom, that we might keep liberty and justice alive in our State and our Nation. By seeking Your presence and wisdom in moments of prayer each day, we humbly lay before You our limitations and our hopes. We display our openness to Your creative light to guide us in the decisions that must be made to stay the course of government of Your free people. 2016-04-20 Senate Journal Page 2678 Give to us, and all people, a vivid sense of Your presence, that we may learn to understand each other, to respect each other, to work with each other, to live with each other, and to do good to each other. So shall we make our Nation great in goodness, and good in its greatness. Much has been given to us; and from us much will be required. Assist us with Your help that we may arrive at the final rollcall vote in Your grace and favor. May all that is done this day be for Your greater honor and glory. Amen. Senator Costello led the Senate in the Pledge of Allegiance. Senator Coghill moved and asked unanimous consent Senators Ellis, Kelly, McGuire be excused from a call of the Senate today. Without objection Senators Ellis, Kelly, McGuire were excused. Messages from the House HB 41 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 41(FIN) am "An Act relating to sport fishing services, sport fishing operators, and sport fishing guides; and providing for an effective date" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to sport fishing services, salt water sport fishing operators, and salt water sport fishing guides; and providing for an effective date." HB 100 Message dated April 17 was read stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 100(FIN), thus adopting: 2016-04-20 Senate Journal Page 2679 SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act establishing a credit against the net income tax for an in-state processing facility that manufactures urea, ammonia, or gas-to- liquid products; relating to establishing the value of the state's royalty share of gas production based on contracts with certain in-state processing facilities that manufacture urea, ammonia, or gas-to-liquid products; and providing for an effective date." HB 126 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 126(JUD) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 126(JUD) "An Act relating to the administration of military justice; relating to the adoption of regulations by the adjutant general; relating to the authority of the adjutant general; relating to appeals of convictions and sentences of courts-martial; establishing the Military Appeals Commission; relating to the detention and incarceration of members of the militia; relating to the jurisdiction of the supreme court over petitions from the Military Appeals Commission; relating to involuntary commitment for evaluation or treatment of a mental disease or defect before court-martial proceedings; relating to offenses subject to court-martial proceedings; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date." HB 137 Message dated April 17 was read stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 137(FIN) am "An Act raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for 2016-04-20 Senate Journal Page 2680 certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license exemption for state residents; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; and providing for an effective date" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S "An Act establishing an intensive management surcharge; providing for the repeal of the intensive management surcharge; establishing certain special hunting and fishing licenses and permits for residents with developmental disabilities; establishing a separate sustainable wildlife account in the fish and game fund; raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; relating to the regulation of nonresident hunters; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; relating to the Chitina dip net fishery; and providing for an effective date." HB 216 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 216(RES), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act." 2016-04-20 Senate Journal Page 2681 HB 231 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 231(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 231(STA) "An Act extending the termination date of the Board of Parole; and providing for an effective date." HB 234 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 234(L&C) "An Act relating to insurance coverage for mental health benefits provided through telemedicine" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relating to insurance coverage for mental health benefits provided through telehealth." HB 254 Message dated April 17 was read stating the House concurred in the Senate amendment to HOUSE BILL NO. 254 "An Act extending the termination date of the Big Game Commercial Services Board; and providing for an effective date" thus adopting: SENATE CS FOR HOUSE BILL NO. 254(FIN) "An Act extending the termination date of the Big Game Commercial Services Board; relating to the Big Game Commercial Services Board; and providing for an effective date." HB 314 Message dated April 17 was read stating the House concurred in the Senate amendment to HOUSE BILL NO. 314, thus adopting: SENATE CS FOR HOUSE BILL NO. 314(FIN) "An Act relating to the Alaska regional economic assistance program; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." 2016-04-20 Senate Journal Page 2682 HB 372 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 372(L&C) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 372(L&C) "An Act relating to insurance; relating to the annual report by the director of insurance; relating to expenses for insurance examinations; relating to regulations for insurance utilization review, benefits determination, health care insurance grievance resolution procedures, independent review of adverse determinations or final adverse determinations, independent review organizations, and continuing education providers; relating to required provisions for health care insurance contracts and policies, including health care provider choice; establishing civil penalties for insurers for failure to provide requested records; amending the definition of 'wet marine and transportation' insurance; amending provisions on limited licenses to include crop insurance; relating to third-party administrator notification requirements; relating to certification filing by reinsurance intermediary brokers; relating to rate filings, delivery of insurance policies or endorsements; relating to refunds of variable life insurance policies and variable annuities; establishing limitations on issuance of long-term care insurance; relating to requirements for group health insurance policies; amending the definition of 'group health insurance'; relating to motor vehicle service contracts; relating to notice requirements for meetings of stockholders or members of a domestic insurer; establishing a definition of 'bona fide association'; relating to requirements and penalties for committing a fraudulent or criminal insurance act; updating criteria for examinations; relating to rate filing deviations; establishing civil penalties for certain wilful violations; and providing for an effective date." 2016-04-20 Senate Journal Page 2683 SCR 22 Message dated April 17 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 22 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 137, raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license exemption for state residents; and raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping. The resolution was referred to the Secretary for enrollment. SCR 26 Message dated April 17 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 26 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 234, relating to insurance coverage for mental health benefits provided through telemedicine. The resolution was referred to the Secretary for enrollment. 2016-04-20 Senate Journal Page 2684 SCR 29 Message dated April 17 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 254, extending the termination date of the Big Game Commercial Services Board. The resolution was referred to the Secretary for enrollment. SCR 30 Message dated April 17 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 41, relating to sport fishing services, sport fishing operators, and sport fishing guides. The resolution was referred to the Secretary for enrollment. SJR 2 Message dated April 17 was received stating the House passed and returned: SENATE JOINT RESOLUTION NO. 2 Proposing an amendment to the Constitution of the State of Alaska relating to contracting state debt for postsecondary student loans. The resolution was referred to the Secretary for enrollment. 2016-04-20 Senate Journal Page 2685 SB 18 Message dated April 17 was received stating the House passed and returned: SENATE BILL NO. 18 "An Act exempting a health care sharing ministry from regulation as an insurer." The bill was referred to the Secretary for enrollment. SB 72 Message dated April 17 was received stating the House passed and returned: CS FOR SENATE BILL NO. 72(L&C) "An Act relating to the discharge of patients from hospitals and to caregivers of patients after discharge from a hospital; and providing for an effective date." The bill was referred to the Secretary for enrollment. Consideration of the Calendar Citations Honoring - Joint Base Elmendorf Richardson School Partnership Program Senator(s) Wielechowski, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze Representative(s) LeDoux Honoring - 2015 Nerds of the North All-Anchorage Robotics Team Senator(s) Wielechowski, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze Representative(s) LeDoux 2016-04-20 Senate Journal Page 2686 Honoring - Muldoon Farmers Market Representative(s) Pruitt, LeDoux Senator(s) Giessel, Wielechowski, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze Honoring - Larry Bottjen Representative(s) Hughes, Gattis, Tilton, Neuman, Keller, Colver Senator(s) Stoltze, Dunleavy, Huggins, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski Honoring - Mat-Su BP Teachers of Excellence 2016 Representative(s) Hughes, Tilton, Neuman, Keller, Gattis, Colver Senator(s) Stoltze, Dunleavy, Huggins, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski Honoring - Ann Class Representative(s) Colver Senator(s) Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - UAF Nanooks Men's Basketball Team Hero Sports Division II Breakout Team of the Year Representative(s) Wool Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - US Army Fort Greely Garrison Missile Defense Support Agencies and Boeing Representative(s) Colver, Thompson Senator(s) Dunleavy, Kelly, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski 2016-04-20 Senate Journal Page 2687 Honoring - Alaska Highway Project Representative(s) LeDoux Senator(s) Wielechowski, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens Honoring - Cynthia Steen Representative(s) Josephson Senator(s) Gardner, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski In Memoriam - Richard Geary Tubbs Representative(s) Hughes, Tilton, Neuman, Keller, Gattis, Colver Senator(s) Stoltze, Dunleavy, Huggins, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stoltze, Stevens, Wielechowski In Memoriam - Dr. Ping-Tung Chang Representative(s) Hughes, Tilton, Neuman, Keller, Gattis, Colver Senator(s) Stoltze, Dunleavy, Huggins, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski In Memoriam - Ken Sailors Representative(s) Colver, Gattis, Talerico Senator(s) Bishop, Dunleavy, Huggins, Meyer, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski In Memoriam - Marie Julia Fett Representative(s) Colver Senator(s) Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski In Memoriam - Francesca Ann Columbo Representative(s) Colver Senator(s) Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski 2016-04-20 Senate Journal Page 2688 In Memoriam - Patricia Thompson Representative(s) Colver Senator(s) Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski In Memoriam - Sterling R. Taylor Representative(s) Gara Senator(s) Ellis, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, 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. Unfinished Business Concur Messages SB 196 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) "An Act relating to the amount appropriated for power cost equalization; relating to the use of certain unexpended earnings from the power cost equalization endowment fund; and providing for an effective date" which had been held on the Secretary's desk (page 2655). Without objection, it was so ordered. Senator Coghill moved that the Senate concur in the House amendment and recommended the body vote no. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2016-04-20 Senate Journal Page 2689 HCS CSSB 196(FIN) Shall the Senate Concur in the House Amendment to CSSB 196(FIN)? Effective Date YEAS: 0 NAYS: 17 EXCUSED: 3 ABSENT: 0 Nays: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Excused: Ellis, Kelly, McGuire and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendment. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee from the House to consider the bills: Senator Hoffman, Chair Senator MacKinnon Senator Bishop Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment HB 289 SENATE CS FOR HOUSE BILL NO. 289(FIN) am S "An Act relating to the membership of the Board of Barbers and Hairdressers; relating to the practice of optometry; prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date" which passed the Senate April 17 (page 2651) with engrossment waived, was engrossed and transmitted to the House. 2016-04-20 Senate Journal Page 2690 Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 22, 2016. Without objection, the Senate adjourned at 11:32 a.m. Liz Clark Secretary of the Senate 2016-04-20 Senate Journal Page 2691 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 FINANCE Apr 20 Wednesday Senate Finance 532 2:00 PM -- MEETING CANCELED -- Bills Previously Heard/Scheduled Apr 21 Thursday Senate Finance 532 2:00 PM + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES May 06 Friday Anch Lio Conf Rm 10:00 AM -- Testimony <Invitation Only> -- <Joint with the House Resources Committee> + Alaska LNG Project Update: Project Update Fiscal Team Update State of Alaska Gas Team Update ---------------------------------------- 2016-04-20 Senate Journal Page 2692 CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB256 AND HB257 Apr 20 Wednesday Senate Finance 532 1:00 PM -- MEETING CANCELED -- -- Please Note Time Change -- = HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 257 APPROP: MENTAL HEALTH BUDGET Apr 22 Friday Senate Finance 532 9:00 AM = HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 257 APPROP: MENTAL HEALTH BUDGET ---------------------------------------- CONFERENCE COMMITTEE ON HB75 Apr 20 Wednesday Gruenberg 120 12:00 PM -- MEETING CANCELED -- = HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT -- Testimony <Invitation Only> -- Apr 21 Thursday Gruenberg 120 3:00 PM = HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT -- Testimony <Invitation Only> --