Legislature(2015 - 2016)

2016-05-13 Senate Journal

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2016-05-13                     Senate Journal                      Page 2793
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-NINTH LEGISLATURE                                                                          
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                      Friday                     May 13, 2016                                                   
                                                                                                                                
                          One Hundred Sixteenth Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Meyer at 12:10 p.m. in the Terry Miller Legislative Office Building                                                             
gymnasium.                                                                                                                      
                                                                                                                                
The roll showed nineteen members present. Senator Hoffman was                                                                   
absent.                                                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Romo Marasigan. Senator                                                                 
Giessel moved and asked unanimous consent that the prayer be spread.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
          Dear Lord,                                                                                                            
                                                                                                                                
            Give us strength to be the best we can be, humility to                                                             
              know our flaws, and love to share abundantly with                                                                
                      ourselves and others.       Amen.                                                                        
                                                                                                                                
Senator Kelly led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the journal                                                              
for the one hundred fifteenth legislative day be approved as certified                                                          
by the Secretary. Without objection, it was so ordered.                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2016-05-13                     Senate Journal                      Page 2794
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 138                                                                                                                        
The Finance Committee considered SENATE BILL NO. 138 "An Act                                                                    
making appropriations, including capital appropriations,                                                                        
reappropriations, and other appropriations; making appropriations to                                                            
capitalize funds; and providing for an effective date" and                                                                      
recommended it be replaced with                                                                                                 
                                                                                                                                
     CS FOR SENATE BILL NO. 138(FIN) "An Act making                                                                             
     and amending appropriations, including capital                                                                             
     appropriations,           supplemental             appropriations,                                                         
     reappropriations, and other appropriations; making                                                                         
     appropriations to capitalize funds; and providing for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Signing do pass: Senator MacKinnon, Cochair; Senators Bishop,                                                                   
Dunleavy, Micciche. Signing amend: Senator Olson.                                                                               
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 138                                                                                                                        
SENATE BILL NO. 138 "An Act making appropriations, including                                                                    
capital appropriations, reappropriations, and other appropriations;                                                             
making appropriations to capitalize funds; and providing for an                                                                 
effective date" was read the second time.                                                                                       
                                                                                                                                
Senator MacKinnon, Cochair, moved and asked unanimous consent                                                                   
for the adoption of the Finance Committee Substitute offered on page                                                            
2794. Senator Gardner objected, then withdrew her objection. There                                                              
being no further objection, CS FOR SENATE BILL NO. 138(FIN)                                                                     
"An Act making and amending appropriations, including capital                                                                   
appropriations, supplemental appropriations, reappropriations, and                                                              
other appropriations; making appropriations to capitalize funds; and                                                            
providing for an effective date" was adopted.                                                                                   
                                                                                                                                
President Meyer stated CS FOR SENATE BILL NO. 138(FIN) will                                                                     
advance to third reading on the May 14 calendar.                                                                                

2016-05-13                     Senate Journal                      Page 2795
                             Unfinished Business                                                                             
                                                                                                                                
SB 91                                                                                                                         
Senator Coghill moved and asked unanimous consent to take up the                                                                
concur message on HOUSE CS FOR CS FOR SPONSOR                                                                                   
SUBSTITUTE FOR SENATE BILL NO. 91(FIN) am H "An Act                                                                             
relating to civil in rem forfeiture actions; relating to criminal law and                                                       
procedure; relating to controlled substances; relating to victims of                                                            
criminal offenses; relating to probation; relating to sentencing; relating                                                      
to treatment program credit for time spent toward service of a sentence                                                         
of imprisonment; relating to the Violent Crimes Compensation Board;                                                             
establishing a pretrial services program with pretrial services officers                                                        
in the Department of Corrections; relating to permanent fund                                                                    
dividends; relating to electronic monitoring; relating to penalties for                                                         
violations of municipal ordinances; relating to parole; relating to                                                             
correctional restitution centers; relating to community work service;                                                           
relating to revocation, termination, suspension, cancellation, or                                                               
restoration of a driver's license; relating to identification cards and                                                         
driver's licenses for parolees; relating to the disqualification of persons                                                     
convicted of certain felony drug offenses from participation in the                                                             
food stamp and temporary assistance programs; relating to the duties                                                            
of the commissioner of corrections; amending Rules 32, 32.1, 38, and                                                            
43, Alaska Rules of Criminal Procedure; and providing for an                                                                    
effective date" which had been held on the Secretary's desk (page                                                               
2785). Without objection, it was so ordered.                                                                                    
                                                                                                                                
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 CSSSSB 91(FIN) am H                                                                                                         
Shall the Senate Concur in the House Amendments                                                                                 
to CSSSSB 91(FIN) am?  Court Rules    Effective Dates                                                                           
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Kelly, MacKinnon, McGuire, Micciche, Olson, Stevens,                                                                     
Wielechowski, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Meyer                                                            
                                                                                                                                
Nays:  Stedman, Stoltze, Dunleavy, Giessel, Huggins                                                                             
                                                                                                                                
Absent:  Hoffman                                                                                                                

2016-05-13                     Senate Journal                      Page 2796
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                                               
BILL NO. 91(FIN) am H "An Act relating to civil in rem forfeiture                                                               
actions; relating to criminal law and procedure; relating to controlled                                                         
substances; relating to victims of criminal offenses; relating to                                                               
probation; relating to sentencing; relating to treatment program credit                                                         
for time spent toward service of a sentence of imprisonment; relating                                                           
to the Violent Crimes Compensation Board; establishing a pretrial                                                               
services program with pretrial services officers in the Department of                                                           
Corrections; relating to permanent fund dividends; relating to                                                                  
electronic monitoring; relating to penalties for violations of municipal                                                        
ordinances; relating to parole; relating to correctional restitution                                                            
centers; relating to community work service; relating to revocation,                                                            
termination, suspension, cancellation, or restoration of a driver's                                                             
license; relating to identification cards and driver's licenses for                                                             
parolees; relating to the disqualification of persons convicted of                                                              
certain felony drug offenses from participation in the food stamp and                                                           
temporary assistance programs; relating to the duties of the                                                                    
commissioner of corrections; amending Rules 32, 32.1, 38, and 43,                                                               
Alaska Rules of Criminal Procedure; and providing for an effective                                                              
date."                                                                                                                          
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the vote on                                                              
concurrence be considered the vote on the Court Rule changes.                                                                   
Without objection, it was so ordered.                                                                                           
                                                                                                                                
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 32                                                                                                                        
Senator Coghill moved and asked unanimous consent to take up                                                                    
HOUSE CONCURRENT RESOLUTION NO. 32, which had been                                                                              
held on the Secretary's desk (page 2784). Without objection, the                                                                
resolution was before the Senate on final passage.                                                                              
                                                                                                                                

2016-05-13                     Senate Journal                      Page 2797
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                                              
of the Alaska State Legislature, concerning Senate Bill No. 91,                                                                 
relating to criminal law and procedure; relating to controlled                                                                  
substances; relating to immunity from prosecution for the crime of                                                              
prostitution; relating to probation; relating to sentencing; establishing a                                                     
pretrial services program with pretrial services officers in the                                                                
Department of Corrections; relating to the publication of suspended                                                             
entries of judgment on a publicly available Internet website; relating to                                                       
permanent fund dividends; relating to electronic monitoring; relating                                                           
to penalties for violations of municipal ordinances; relating to parole;                                                        
relating to correctional restitution centers; relating to community work                                                        
service; relating to revocation, termination, suspension, cancellation,                                                         
or restoration of a driver's license; relating to the excise tax on                                                             
marijuana; establishing the recidivism reduction fund; relating to the                                                          
Alaska Criminal Justice Commission; relating to the disqualification                                                            
of persons convicted of specified drug offenses from participation in                                                           
the food stamp and temporary assistance programs; relating to the                                                               
duties of the commissioner of corrections; and amending Rules 32,                                                               
32.1, 38, 41, and 43, Alaska Rules of Criminal Procedure, and                                                                   
repealing Rules 41(d) and (e), Alaska Rules of Criminal Procedure,                                                              
pass the Senate?" The roll was taken with the following result:                                                                 
                                                                                                                                
HCR 32                                                                                                                          
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens,                                                                   
Stoltze, Wielechowski, Bishop, Coghill, Costello, Dunleavy, Egan,                                                               
Ellis, Gardner, Giessel, Huggins, Kelly, Meyer                                                                                  
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, HOUSE CONCURRENT RESOLUTION NO. 32 passed the                                                                           
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
Senator Giessel moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from morning plane time through evening                                                               
plane time on May 25. Without objection, Senator Giessel was                                                                    
excused.                                                                                                                        
                                                                                                                                

2016-05-13                     Senate Journal                      Page 2798
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 10:00 a.m., May 14, 2016. Without                                                                    
objection, the Senate adjourned at 1:01 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2016-05-13                     Senate Journal                      Page 2799
                                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                                                                                   
                                                                                                                                
May 13        Friday                    Bill Ray Center 230           9:30 AM                                                 
+             Oil and Gas Tax Credits                                                                                           
              Commissioner Randall Hoffbeck                                                                                     
              Director Ken Alper                                                                                                
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 14        Saturday                  Bill Ray Center 230           1:30 PM                                                 
+= HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G                                                                                    
              <Pending Referral>                                                                                                
              Department of Revenue                                                                                             
              Legislative Finance Division                                                                                      
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
May 16        Monday                    Bill Ray Center 208           4:00 PM                                                 
+             Committee Business                                                                                                
              a. Anchorage Office Space                                                                                         
              b. Bill Ray Center Lease                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2016-05-13                     Senate Journal                      Page 2800
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                   CONFERENCE COMMITTEE ON HB256 AND HB257                                                                   
                                                                                                                                
May 13        Friday                    Bill Ray Center 230           3:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
May 14        Saturday                  Bill Ray Center 230           1:00 PM                                                 
              -- Meeting Postponed until 3 PM --                                                                                
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
May 15        Sunday                    Bill Ray Center 230           3:00 PM                                                 
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET