Legislature(2017 - 2018)

2017-05-16 Senate Journal

Full Journal pdf

2017-05-16                     Senate Journal                      Page 1315
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                            THIRTIETH LEGISLATURE                                                                            
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                     Tuesday                     May 16, 2017                                                   
                                                                                                                                
                          One Hundred Twentieth Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Kelly at 11:05 a.m.                                                                                                             
                                                                                                                                
The roll showed twenty members present.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, David Dierdorff, Unitarian                                                              
Universalist Church of the Larger Fellowship. Senator Hoffman                                                                   
moved and asked unanimous consent that the prayer be spread.                                                                    
Without objection, it was so ordered.                                                                                           
                                                                                                                                
          Spirit of Life, known by many names yet by no name                                                                    
          fully known, we turn our minds and hearts again                                                                       
          toward thee. I speak to the mysterious thread that                                                                    
          connects us one to the other and to the universe. I                                                                   
          speak to the deep wisdom at the center of our beings.                                                                 
          I speak to the yearning of all people to touch each                                                                   
          other more deeply, to hear each other more keenly, to                                                                 
          see each other's joys and sorrows as our own and                                                                      
          know that we are not alone. May we help each other                                                                    
          to proclaim the possibilities we see, to create the                                                                   
          community we desire, to worship what is worthy in                                                                     
          our lives, to teach the truth as we know it, and to                                                                   
          serve with justice in all the ways that we can, to the                                                                
          end that our yearning is assuaged and our lives                                                                       
          fulfilled in one another. Let us go, now, into the                                                                    
          silence of the faith that is unique to each of us, and                                                                
          still the same. Let us be silent together for a moment.                                                               
           May peace be yours. So be it, Shalom,              Amen.                                                            
                                                                                                                                

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Senator Egan led the Senate in the Pledge of Allegiance.                                                                        
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the                                                                     
journal for the one hundred nineteenth legislative day be approved as                                                           
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Messages dated May 15 were read stating the House passed and                                                                    
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 47                                                                                                                         
HOUSE BILL NO. 47 BY REPRESENTATIVES FOSTER, Kito,                                                                              
entitled:                                                                                                                       
                                                                                                                                
          "An Act requiring certain municipalities with a                                                                       
          population that decreased by more than 25 percent                                                                     
          between 2000 and 2010 that participate in the defined                                                                 
          benefit retirement plan of the Public Employees'                                                                      
          Retirement System of Alaska to contribute to the                                                                      
          system an amount calculated by applying a rate of 22                                                                  
          percent of the total of all base salaries paid by the                                                                 
          municipality to employees of the municipality who                                                                     
          are active members of the system during a payroll                                                                     
          period; authorizing the administrator of the defined                                                                  
          benefit retirement plan of the Public Employees'                                                                      
          Retirement System of Alaska to reduce the rate of                                                                     
          interest payable by certain municipalities that are                                                                   
          delinquent in transmitting employee and employer                                                                      
          contributions to the retirement plan; and providing                                                                   
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1317
HB 74                                                                                                                         
CS FOR HOUSE BILL NO. 74(FIN) am BY THE HOUSE FINANCE                                                                           
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to a veteran's designation on an                                                                     
          identification card or a driver's license for Hmong                                                                   
          veterans and Lao veterans; relating to the                                                                            
          implementation of the federal REAL ID Act of 2005;                                                                    
          relating to issuance of identification cards and                                                                      
          drivers' licenses; relating to data sharing by the                                                                    
          Department of Administration; relating to special                                                                     
          motor vehicle registration plates for recipients of the                                                               
          Bronze Star awarded for valor, Silver Star, Navy                                                                      
          Cross, Distinguished Service Cross, Air Force Cross,                                                                  
          Coast Guard Cross, and other awards reflecting valor;                                                                 
          and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
HB 132                                                                                                                        
CS FOR HOUSE BILL NO. 132(L&C) BY THE HOUSE LABOR                                                                               
AND COMMERCE COMMITTEE, entitled:                                                                                               
                                                                                                                                
          "An Act relating to transportation network companies                                                                  
          and transportation network company drivers; and                                                                       
          providing for an effective date."                                                                                     
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 3                                                                                                                          
Senator Micciche moved and asked unanimous consent to take up the                                                               
concur message on HOUSE CS FOR SENATE BILL NO. 3(TRA)                                                                           
which had been held on the Secretary's desk (page 1199). Without                                                                
objection, it was so ordered.                                                                                                   
                                                                                                                                
Senator Micciche moved that the Senate concur in the House                                                                      
amendment.                                                                                                                      
                                                                                                                                

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The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS SB 3(TRA)                                                                                                                   
Shall the Senate Concur in the House                                                                                            
Amendment to SB 3?    Effective Date                                                                                            
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner,                                                              
Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche,                                                                    
Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                        
                                                                                                                                
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR SENATE BILL NO. 3(TRA) "An Act relating to the                                                                     
regulation of wastewater discharge from small commercial passenger                                                              
vessels in state waters; and providing for an effective date."                                                                  
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the vote                                                                
on concurrence be considered the vote on the effective date clause.                                                             
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HCR 9                                                                                                                         
Senator Micciche moved and asked unanimous consent to take up                                                                   
HOUSE CONCURRENT RESOLUTION NO. 9 which had been held                                                                           
on the Secretary's desk (page 1198). Without objection, the resolution                                                          
was before the Senate on final passage.                                                                                         
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 9 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                            
the Alaska State Legislature, concerning Senate Bill No. 3, relating to                                                         
the regulation of wastewater discharge from small commercial                                                                    
passenger vessels in state waters; and relating to art requirements for                                                         
certain public facilities, pass the Senate?" The roll was taken with the                                                        
following result:                                                                                                               
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1319
HCR 9                                                                                                                           
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Gardner,                                                              
Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche,                                                                    
Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                        
                                                                                                                                
and so, HOUSE CONCURRENT RESOLUTION NO. 9 passed the                                                                            
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 222                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 222(L&C) am "An Act relating to the licensure of nail                                                                       
technicians; relating to the practice of manicuring; and providing for                                                          
an effective date" and recommended it be replaced with                                                                          
                                                                                                                                
                       SENATE CS FOR CS FOR HOUSE BILL                                                                         
              NO. 222(FIN) "An Act relating to the licensure of                                                                
           nail technicians; and providing for an effective date."                                                             
          (Title Change SCR 13)                                                                                                 
                                                                                                                                
and further recommended the adoption of the following Finance                                                                   
Committee Letter of Intent:                                                                                                     
                                                                                                                                
                               Letter of Intent                                                                                
                            for SCS CSHB 222(FIN)                                                                              
                                                                                                                                
It is the intent of the Alaska State Legislature in extending the                                                               
transition period established by section 13(a), ch. 27, SLA 2015 that                                                           
the Board of Barbers and Hairdressers work with the Alaska State                                                                
Legislature and licensees to recommend appropriate licensing  and                                                               
renewal standards for manicurists before the end of the transition                                                              
period that:                                                                                                                    

2017-05-16                     Senate Journal                      Page 1320
      1. protect the health of Alaskan consumers;                                                                               
      2. do not place an undue burden on existing licensees who are                                                             
           operating safely;                                                                                                    
      3. ensure reasonable access to any required education for                                                                 
           existing licensees;                                                                                                  
      4. respect the diversity of employees in the field; and                                                                   
      5. do not provide a barrier to entry to new licensees.                                                                    
                                                                                                                                
Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators                                                                
Bishop, von Imhof, Hughes. Signing no recommendation: Senator                                                                   
Micciche. Signing amend: Senator Olson.                                                                                         
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 2, zero, Department of Commerce, Community                                                                 
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
HB 57                                                                                                                         
                                                               May 15, 2017                                                     
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considering                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 57(FIN) am(brf sup maj fld)(efd fld) "An                                                                  
Act making appropriations for the operating and loan program                                                                    
expenses of state government and for certain programs; capitalizing                                                             
funds; repealing appropriations; and making supplemental                                                                        
appropriations and reappropriations."                                                                                           
                                                                                                                                
and                                                                                                                             
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1321
SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) am S "An                                                                            
Act making appropriations for the operating and loan program                                                                    
expenses of state government and for certain programs; capitalizing                                                             
funds; repealing appropriations; making supplemental appropriations                                                             
and reappropriations; making appropriations under art. IX, sec. 17(c),                                                          
Constitution of the State of Alaska, from the constitutional budget                                                             
reserve fund; and providing for an effective date."                                                                             
                                                                                                                                
respectfully requests limited powers of free conference on the                                                                  
following specific points:                                                                                                      
                                                                                                                                
The appropriations and language that are not identical in the House                                                             
and Senate versions of House Bill No. 57.                                                                                       
                                                                                                                                
Signing the report: Senator Hoffman, Chair, Senators MacKinnon,                                                                 
Olson; Representative Seaton, Chair, Representatives Foster, Pruitt.                                                            
                                                                                                                                
President Kelly granted the Senate members limited powers of free                                                               
conference as requested.                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
HB 59                                                                                                                         
                                                               May 15, 2017                                                     
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considering                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 59(FIN) "An Act making appropriations                                                                     
for the operating and capital expenses of the state's integrated                                                                
comprehensive mental health program; and providing for an effective                                                             
date."                                                                                                                          
                                                                                                                                
and                                                                                                                             
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN)                                                                                     
                                                                                                                                
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1322
respectfully requests limited powers of free conference on the                                                                  
following specific points:                                                                                                      
                                                                                                                                
The appropriations and language that are not identical in the House                                                             
and Senate versions House Bill No. 59.                                                                                          
                                                                                                                                
Signing the report: Senator Hoffman, Chair, Senators MacKinnon,                                                                 
Olson; Representative Seaton, Chair, Representatives Foster, Pruitt.                                                            
                                                                                                                                
President Kelly granted the Senate members limited powers of free                                                               
conference as requested.                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SCR 13                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 13 BY THE                                                                                      
SENATE FINANCE COMMITTEE,                                                                                                       
                                                                                                                                
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 222, relating to the                                                                        
          licensure of nail technicians; and relating to the                                                                    
          practice of manicuring.                                                                                               
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the                                                                     
following citation be made a special order of business. Without                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1323
                          Special Order of Business                                                                          
                                                                                                                                
Honoring - Heather Roach                                                                                                        
Representative(s) Pruitt                                                                                                        
Senator(s) Giessel, Kelly, Begich, Bishop, Coghill, Costello,                                                                   
Dunleavy, Egan, Gardner, Hoffman, Hughes, MacKinnon, Meyer,                                                                     
Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski                                                                      
                                                                                                                                
Senator Micciche 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 Begich moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from evening plane time, May 17 through                                                               
morning plane time, May 22. Without objection, Senator Begich was                                                               
excused.                                                                                                                        
                                                                                                                                
Senator Wilson moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from afternoon plane time, May 31 through                                                             
morning plane time, June 6; and from afternoon plane time, June 20                                                              
through evening plane time, June 23. Without objection, Senator                                                                 
Wilson was excused.                                                                                                             
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the Senate                                                              
stand in recess to the 1:00 p.m. Joint Session. Without objection, the                                                          
Senate recessed at 11:28 a.m.                                                                                                   
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                          Joint Session in the House                                                                         
                                                                                                                                
The consideration of the Ombudsman and Governor's appointments in                                                               
Joint Session will be published in House and Senate Joint Journal                                                               
Supplement No. 10.                                                                                                              
                                                                                                                                
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1324
                                 After Recess                                                                                
                                                                                                                                
                                In the Senate                                                                                
                                                                                                                                
The Senate reconvened at 5:39 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                                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 Micciche moved and asked unanimous consent that the Senate                                                              
stand in adjournment until 10:00 a.m., May 17, 2017. Without                                                                    
objection, the Senate adjourned at 5:41 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2017-05-16                     Senate Journal                      Page 1325
                                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                                                                        
                                                                                                                                
May 16        Tuesday                     Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 18        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
May 17        Wednesday                       Butrovich 205           8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 19        Friday                          Butrovich 205           8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
May 16        Tuesday                   Senate Finance 532            1:30 PM                                                 
              -- Meeting Postponed to 5:50 p.m. --                                                                              
+ HB 132 TRANSPORTATION NETWORK COMPANIES                                                                                       
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 17        Wednesday                 Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    

2017-05-16                     Senate Journal                      Page 1326
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
May 17        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 19        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
May 16        Tuesday                         Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 18        Thursday                        Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
May 18        Thursday                   House Finance 519            9:00 AM                                                 
+             Contract Approval                                                                                                 
              - Wasilla LIO                                                                                                     
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
May 16        Tuesday                      House Chamber              1:00 PM                                                 
+             Consideration of the Governor's Appointees