Legislature(2017 - 2018)
2017-03-03 Senate Journal
Full Journal pdf2017-03-03 Senate Journal Page 0397 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE FIRST SESSION Juneau, Alaska Friday March 3, 2017 Forty-sixth Day Pursuant to adjournment the Senate was called to order by President Kelly at 10:07 a.m. The roll showed fourteen members present. Senators Bishop, Giessel, Hoffman, MacKinnon, Stevens were excused from a call of the Senate. Senator Olson was absent. The prayer was offered by the Chaplain, Gordon Krueger, Senate Page. Senator Coghill moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Today, is the day of the lord, when the divinity returns to us. When living our free will, and with all the power of our spirit, we decide to live our lives in free communion with God, with no expectations. We will live our lives with gratitude, love, loyalty and justice, beginning with ourselves, and continuing with our brothers and sisters. We will respect all creations as a symbol of our love communion with the one who created us. Like the sun, the love of God shines equally on all. Amen. Senator Coghill led the Senate in the Pledge of Allegiance. 2017-03-03 Senate Journal Page 0398 Certification Senator Micciche moved and asked unanimous consent that the journals for the forty-fourth and forty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 1 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 7 CS FOR HOUSE BILL NO. 7(CRA) BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act relating to the exhibition of marked ballots and the prohibition on political persuasion near election polls." was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. Communications The following reports are on file in the Office of the Secretary of the Senate: Department of Commerce, Community and Economic Development Alaska Energy Authority 2016 Annual Report in accordance with AS 44.83.940 Commercial Passenger Vessel Excise Tax Report Community Needs, Priorities, Shared Revenue, and Expenditures Fiscal Years 2007 - 2016 in accordance with AS 43.52.260 2017-03-03 Senate Journal Page 0399 Standing Committee Reports SB 26 The State Affairs Committee considered SENATE BILL NO. 26 "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 calculation of permanent fund dividends; relating to unrestricted state revenue available for appropriation; and providing for an effective date." Signing do not pass: Senator Dunleavy, Chair; Senator Wilson. Signing no recommendation: Senators Egan, Coghill. Signing amend: Senator Giessel. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, Department of Corrections Fiscal Note No. 3, Department of Revenue Fiscal Note No. 4, zero, Department of Revenue Fiscal Note No. 5, zero, Department of Administration Fiscal Note No. 6, Department of Revenue The bill was referred to the Finance Committee. SB 29 The Labor and Commerce Committee considered SENATE BILL NO. 29 "An Act repealing the Workers' Compensation Appeals Commission; relating to decisions and orders of the Workers' Compensation Appeals Commission; relating to superior court jurisdiction over appeals from Alaska Workers' Compensation Board decisions; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, and amending Rules 202(a), 204(a) - (c), 210(e), 601(b), and 603(a), Alaska Rules of Appellate Procedure; and providing for an effective date." Signing no recommendation: Senator Costello, Chair; Senators Hughes, Meyer. Signing do pass: Senator Gardner. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Labor and Workforce Development The bill was referred to the Judiciary Committee. 2017-03-03 Senate Journal Page 0400 SB 60 The Resources Committee considered SENATE BILL NO. 60 "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; creating an exemption from payment of restitution for certain unlawful takings of big game animals; 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'; and providing for an effective date." Signing do pass: Senator Giessel, Chair; Senator von Imhof. Signing no recommendation: Senators Wielechowski, Hughes, Meyer. Signing amend: Senators Coghill, Stedman. The following fiscal information was published today: Fiscal Note No. 3, indeterminate, Department of Fish and Game The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Judiciary Committee. SB 63 The Health and Social Services Committee considered SENATE BILL NO. 63 "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date." Signing do pass: Senator Wilson, Chair; Senators Begich, von Imhof, Giessel, Micciche. The following fiscal information was published today: Fiscal Note No. 1, Department of Transportation and Public Facilities Fiscal Note No. 2, zero, Department of Environmental Conservation Fiscal Note No. 3, zero, Department of Health and Social Services Fiscal Note No. 4, zero, Department of Public Safety Fiscal Note No. 5, zero, Department of Commerce, Community and Economic Development 2017-03-03 Senate Journal Page 0401 The bill was referred to the Finance Committee. SCR 2 The Health and Social Services Committee considered SENATE CONCURRENT RESOLUTION NO. 2 Proclaiming April 2017 as Sexual Assault Awareness Month. Signing do pass: Senator Wilson, Chair; Senators Begich, von Imhof, Giessel, Micciche. The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 74 SENATE BILL NO. 74 BY SENATOR WILSON BY REQUEST, entitled: "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; relating to adjudication of minor delinquency and the deoxyribonucleic acid identification registration system; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; and providing for an effective date." was read the first time and referred to the Health and Social Services and Judiciary Committees. SB 75 SENATE BILL NO. 75 BY SENATOR COSTELLO, entitled: "An Act relating to instruction in a language other than English; and relating to limited teacher certificates." 2017-03-03 Senate Journal Page 0402 was read the first time and referred to the Labor and Commerce and Education Committees. SB 76 SENATE BILL NO. 76 BY SENATOR MICCICHE, entitled: "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, retailers, and common carriers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17, Alaska Rules of Minor Offense Procedure; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 77 SENATE BILL NO. 77 BY SENATOR MICCICHE, entitled: "An Act relating to service areas in second class boroughs; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. Consideration of the Calendar Citations Honoring - Matt Hall Senator(s) Bishop, Kelly, Begich, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson 2017-03-03 Senate Journal Page 0403 Honoring - Marilyn Davidson Representative(s) Stutes Senator(s) Stevens, Kelly, Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, von Imhof, Wielechowski In Memoriam - Virginia May Erickson Representative(s) Kreiss-Tomkins Senator(s) Stedman, Kelly, Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stevens, von Imhof, Wielechowski, Wilson In Memoriam - Dr. John Joseph "Joe" Lounsbury Representative(s) Kawasaki, Guttenberg Senator(s) Kelly, Coghill, Begich, Bishop, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Senator Micciche moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Micciche moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Billy Honea Senator(s) Olson, Kelly, Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof, Wielechowski Representative(s) Foster Honoring - Fran Ulmer 2017 Shining Lights Award Recipient Representative(s) Tarr, Josephson Senator(s) Begich, Gardner, Kelly, Bishop, Coghill, Costello, Dunleavy, Egan, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski 2017-03-03 Senate Journal Page 0404 Senator Micciche 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 Senator Costello moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 3 through morning plane time, March 7. Without objection, Senator Costello was excused. Senator Gardner moved and asked unanimous consent to withdraw a prior excusal for 11:30 a.m., March 17 through evening plane time, March 19 (page 95). Without objection, the excusal was withdrawn. Senator Begich moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, March 3 through evening plane time, March 5. Without objection, Senator Begich was excused. Announcements Announcements are at the end of the journal. Engrossment and Enrollment SR 4 SENATE RESOLUTION NO. 4 Supporting the Alaska Congressional delegation in protecting the state's right to manage wildlife within its borders, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:16 p.m., March 3, 2017 Senate Resolve No. 3 2017-03-03 Senate Journal Page 0405 Adjournment Senator Micciche moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 6, 2017. Without objection, the Senate adjourned at 10:23 a.m. Liz Clark Secretary of the Senate 2017-03-03 Senate Journal Page 0406 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 07 Tuesday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled Mar 09 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Mar 03 Friday Butrovich 205 8:00 AM + Broadband Access in Alaska's School Districts -- Testimony <Invitation Only> -- + SB 66 ST. COUNCIL ON THE ARTS: PUBLIC CORP. -- Testimony <Invitation Only> -- Mar 06 Monday Capitol 106 8:00 AM Joint with House Education + Presentation of the Commonwealth North Operating Budget Report - K-12 Funding Mark Foster, Independent Consultant -- Testimony <Invitation Only> -- Mar 08 Wednesday Capitol 106 8:00 AM Joint with House Education + Microsoft Imagine Academy Joel Lathrop, Microsoft -- Testimony <Invitation Only> -- 2017-03-03 Senate Journal Page 0407 EDUCATION (continued) Mar 10 Friday Butrovich 205 8:00 AM += SB 66 ST. COUNCIL ON THE ARTS: PUBLIC CORP. -- Public Testimony -- + SB 17 STEVENS/INOUYE UNIVERSITY EXCHANGE PROG. -- Public Testimony -- ---------------------------------------- FINANCE Mar 03 Friday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 06 Monday Senate Finance 532 9:00 AM += SB 21 PERMANENT FUND: INCOME; POMV; DIVIDENDS += SB 26 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS += SB 70 APPROP. LIMIT/BUDGET PROCESS/PERM FUND Mar 06 Monday Senate Finance 532 4:00 PM += SB 21 PERMANENT FUND: INCOME; POMV; DIVIDENDS += SB 26 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS += SB 70 APPROP. LIMIT/BUDGET PROCESS/PERM FUND Public Testimony: Must be Signed up to Testify by 6:00 p.m. Written Comments for the Official Public Record Can be Sent to Finance.Committee@akleg.gov Mar 07 Tuesday Senate Finance 532 9:00 AM += SB 14 TRANSPORTATION NETWORK COMPANIES + HB 80 MUNI ENERGY IMPROVEMNT:ASSESSMNTS/BONDS + Bills Previously Heard/Scheduled Mar 08 Wednesday Senate Finance 532 9:00 AM += SB 21 PERMANENT FUND: INCOME; POMV; DIVIDENDS += SB 26 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS += SB 70 APPROP. LIMIT/BUDGET PROCESS/PERM FUND + Bills Previously Heard/Scheduled Mar 09 Thursday Senate Finance 532 9:00 AM += SB 22 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 24 APPROP: MENTAL HEALTH BUDGET (Continued on Next Page) 2017-03-03 Senate Journal Page 0408 (Continued from Previous Page) += SB 21 PERMANENT FUND: INCOME; POMV; DIVIDENDS += SB 26 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS += SB 70 APPROP. LIMIT/BUDGET PROCESS/PERM FUND + Bills Previously Heard/Scheduled Mar 10 Friday Senate Finance 532 9:00 AM += SB 21 PERMANENT FUND: INCOME; POMV; DIVIDENDS += SB 26 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS += SB 70 APPROP. LIMIT/BUDGET PROCESS/PERM FUND + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 03 Friday Butrovich 205 1:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Mar 06 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 08 Wednesday Butrovich 205 1:30 PM + Presentation: Alaska Opioid Policy Task Force Mar 10 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 03 Friday Beltz 105 (tsbldg) 1:30 PM += SB 54 CRIME AND SENTENCING -- Public Testimony -- + Bills Previously Heard/Scheduled Mar 06 Monday Beltz 105 (tsbldg) 1:30 PM += SB 54 CRIME AND SENTENCING + Bills Previously Heard/Scheduled Mar 08 Wednesday Beltz 105 (tsbldg) 1:30 PM + Confirmation Hearings: Attorney General, Jahna Lindemuth Department of Public Safety, Walt Monegan + Bills Previously Heard/Scheduled 2017-03-03 Senate Journal Page 0409 JUDICIARY (continued) Mar 10 Friday Beltz 105 (tsbldg) 1:30 PM + HB 77 2017 REVISOR'S BILL + HB 104 REPEAL COLLECTION OF CIVIL LITIG. INFO + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 07 Tuesday Beltz 105 (tsbldg) 1:30 PM + SB 16 FIDUCIARY ACCESS TO DIGITAL ASSETS -- Public Testimony -- + SB 32 PRESCRIPTIONS FOR BIOLOGICAL PRODUCTS -- Public Testimony -- + Bills Previously Heard/Scheduled -- Public Testimony -- Mar 09 Thursday Beltz 105 (tsbldg) 1:30 PM + Governor Boards And Commissions Appointments: Alaska State Board of Public Accountancy Fisherman's Fund Advisory & Appeals Council Board of Pharmacy Board of Certified Real Estate Appraisers State Board of Registration for Architects, Engineers, and Land Surveyors + SB 56 PRODUCT WARRANTIES & REQUIRED UPDATES -- Public Testimony -- + Bills Previously Heard/Scheduled -- Public Testimony -- ---------------------------------------- RESOURCES Mar 03 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 06 Monday Butrovich 205 3:30 PM + Consideration of Governor's Appointees: Board of Game: - Ted Spraker - Lawrence Van Daele (Continued on Next Page) 2017-03-03 Senate Journal Page 0410 (Continued from Previous Page) Big Game Commercial Services Board: - Adam Trombley -- Public Testimony on Appointees -- + Bills Previously Heard/Scheduled Mar 08 Wednesday Butrovich 205 3:30 PM + Overview of State Litigation on Federal Issues: Department of Law -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Mar 10 Friday Butrovich 205 3:30 PM + Consideration of Governor's Appointees: Alaska Oil and Gas Conservation Commission: - Hollis French - Dan Seamount -- Public Testimony on Appointees -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 07 Tuesday Butrovich 205 3:30 PM += SJR 1 CONST AM: GUARANTEE PERM FUND DIVIDEND -- Public Testimony -- + SCR 1 UNIFORM RULES: ABSTAIN FROM VOTING + Bills Previously Heard/Scheduled Mar 09 Thursday Butrovich 205 3:30 PM + HB 16 DRIV. LICENSE REQ;DISABILITY:ID &TRAINING -- Public Testimony -- + SCR 4 TASK FORCE ON UNMANNED AIRCRAFT SYSTEMS -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 07 Tuesday Butrovich 205 1:30 PM += SB 50 INCREASE STUDDED TIRE FEE Mar 09 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2017-03-03 Senate Journal Page 0411 FINANCE SUBCOMMITTEES ADMINISTRATION Mar 08 Wednesday Senate Finance 532 1:30 PM Agenda TBA Mar 10 Friday Butrovich 205 11:30 AM Subcommittee Close-Out - Tentative ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Mar 14 Tuesday Senate Finance 532 8:20 AM Close-out ---------------------------------------- CORRECTIONS Mar 10 Friday Senate Finance 532 11:00 AM + Budget Close-Out ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 07 Tuesday Butrovich 205 7:30 AM Agenda TBA Mar 09 Thursday Butrovich 205 7:30 AM Tentative FY18 Subcommittee Budget Close-Out ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 09 Thursday Beltz 105 (tsbldg) 8:00 AM + Agenda TBA ---------------------------------------- FISH & GAME Mar 14 Tuesday Senate Finance 532 8:00 AM Close-out ---------------------------------------- 2017-03-03 Senate Journal Page 0412 HEALTH & SOCIAL SERVICES Mar 07 Tuesday Senate Finance 532 1:30 PM Medicaid Rates <Above Item Removed from Agenda> Medicaid Optional Services Review Mar 09 Thursday Senate Finance 532 1:30 PM Medicaid Rates Mar 14 Tuesday Senate Finance 532 1:30 PM Agenda to Follow Mar 16 Thursday Senate Finance 532 1:30 PM If Needed ---------------------------------------- JUDICIARY SUBCOMMITTEE Mar 07 Tuesday Beltz 105 (tsbldg) 8:30 AM + FY18 Subcommittee Budget Close-out ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 06 Monday Beltz 105 (tsbldg) 3:30 PM Department Overview Mar 07 Tuesday Beltz 105 (tsbldg) 3:30 PM Budget Close-out Mar 10 Friday Beltz 105 (tsbldg) 3:30 PM -- MEETING CANCELED -- Department Overview Continued Review of House Changes Possible Close-out if Needed ---------------------------------------- 2017-03-03 Senate Journal Page 0413 LAW Mar 08 Wednesday Butrovich 205 5:30 PM Tentative FY18 Subcommittee Budget Close-Out ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 07 Tuesday Fahrenkamp 203 4:30 PM Departmental Overview Mar 10 Friday Senate Finance 532 8:00 AM Close-out ---------------------------------------- NATURAL RESOURCES Mar 09 Thursday Beltz 105 (tsbldg) 3:30 PM Department Overview Mar 11 Saturday Beltz 105 (tsbldg) 10:00 AM House Changes / Amendments Mar 14 Tuesday Beltz 105 (tsbldg) 5:00 PM Close-out ---------------------------------------- PUBLIC SAFETY Mar 08 Wednesday Senate Finance 532 3:45 PM Tentative Close-out Mar 13 Monday Beltz 105 (tsbldg) 4:00 PM If Needed ---------------------------------------- REVENUE Mar 09 Thursday Senate Finance 532 8:00 AM + Budget Close-out ---------------------------------------- 2017-03-03 Senate Journal Page 0414 TRANSPORTATION & PUBLIC FACILITIES Mar 08 Wednesday Beltz 105 (tsbldg) 3:30 PM Department Overview Mar 10 Friday Beltz 105 (tsbldg) 3:30 PM House Changes / Amendments Mar 14 Tuesday Beltz 105 (tsbldg) 5:00 PM Close-out ---------------------------------------- UNIVERSITY OF ALASKA Mar 09 Thursday Beltz 105 (tsbldg) 11:15 AM + Agenda TBA Mar 13 Monday Beltz 105 (tsbldg) 8:00 AM -- Time & Date Change -- + FY18 Subcommittee Budget Close-out ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Mar 23 Thursday Senate Finance 532 11:30 AM + Briefings by: Lieutenant General Kenneth S. Wilsbach - Commander, Alaskan North American Aerospace Command Region - Commander, Alaskan Command, U.S. Northern Command - Commander, Eleventh Air Force Major General Bryan R. Owens - Commanding General, U.S. Army AK Rear Admiral Michael F. McAllister - Commander, Seventeenth U.S. Coast Guard District Major General Laurel J. Hummel - The Adjutant General, AK National Guard - Commissioner, AK Dept. of Military & Veterans' Affairs ---------------------------------------- 2017-03-03 Senate Journal Page 0415 LEGISLATIVE COUNCIL Mar 08 Wednesday Barnes 124 8:00 AM Per Diem Subcommittee: + Per Diem Rates ---------------------------------------- OTHER MEETINGS MISCELLANEOUS MEETINGS Mar 22 Wednesday Capitol 106 12:00 PM Lunch & Learn Alaska Chapter of the American Foundation for Suicide Prevention Sponsored by Senator Hoffman