Legislature(2017 - 2018)
2018-02-28 Senate Journal
Full Journal pdf2018-02-28 Senate Journal Page 2135 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 28, 2018 Forty-fourth Day Pursuant to adjournment the Senate was called to order by President Kelly at 11:07 a.m. The roll showed twenty members present. The prayer was sung by the Chaplain, The Reverend Bobby Lewis, The New Light Baptist Church of Greater New York, accompanied by Ryan Shaw and Alyssa Fischer. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. "God Bless America" God bless America, Land that I love, Stand beside her and guide her Through the night with a light from above; From the mountains, to the prairies, To the oceans white with foam, God bless America, My home, sweet home. God bless America, My home, sweet home. Amen. (Irving Berlin) Senator Meyer led the Senate in the Pledge of Allegiance. 2018-02-28 Senate Journal Page 2136 Certification Senator Micciche moved and asked unanimous consent that the journals for the forty-second and forty-third legislative days and House and Senate Joint Journal Supplement No. 17 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated February 27 was read stating the following appointees have withdrawn their names from consideration, effective immediately: Alaska Workers' Compensation Board Chad Bolduc - Juneau Commercial Fisheries Entry Commission, Alaska Carol Petraborg - Juneau In accordance with AS 39.05.080, the following name is submitted for legislative confirmation: Commercial Fisheries Entry Commission, Alaska Dale Kelley - Juneau Appointed: 3/1/2018 Term Expires: 3/1/2022 The appointment was referred to the Resources Committee. The resume for this appointment has been submitted to the Office of the Senate Secretary. Messages from the House Message dated February 26 was read stating the House passed and transmitted for consideration: 2018-02-28 Senate Journal Page 2137 First Reading and Reference of House Bills HB 302 HOUSE BILL NO. 302 BY REPRESENTATIVE WOOL, entitled: "An Act extending the termination date of the Board of Professional Counselors; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Standing Committee Reports Report dated February 26 was read stating: In accordance with AS 39.05.080, the Resources Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Big Game Commercial Services Board Robert Beans - Palmer Michelle Heun - Palmer Cash Joyce - Wasilla This does not reflect an intent by any of the members to vote for or against the confirmation of the individuals during any further sessions. Signing the report: Senator Giessel, Chair; Senators Bishop, Coghill, von Imhof, Stedman, Meyer. SB 15 The Finance Committee considered SENATE BILL NO. 15 "An Act relating to possession of an electronic smoking product or a product containing nicotine by a minor and to selling or giving an electronic smoking product to a minor; relating to business license endorsements to sell cigarettes, cigars, tobacco, products containing tobacco, 2018-02-28 Senate Journal Page 2138 electronic smoking products, or products containing nicotine; and relating to citations for certain offenses concerning tobacco or nicotine products" and recommended it be replaced with CS FOR SENATE BILL NO. 15(FIN) "An Act relating to possession of an electronic smoking product or a product containing nicotine by a minor and to selling or giving a product containing nicotine or an electronic smoking product to a minor; relating to business license endorsements to sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine; and relating to citations for certain offenses concerning tobacco, products containing nicotine, or electronic smoking products." Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators Bishop, von Imhof, Stevens, Micciche. Signing no recommendation: Senator Olson. The following fiscal information was published today: Fiscal Note No. 6, zero, Office of the Governor Fiscal Note No. 7, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 130 Forthcoming fiscal information (page 2118) for the State Affairs Committee Substitute for SENATE BILL NO. 130 "An Act relating to a vote of the people before a broad-based individual income tax or statewide sales tax takes effect" was published today: Fiscal Note No. 1, zero, Office of the Governor SB 165 The Finance Committee considered SENATE BILL NO. 165 "An Act relating to the Alaska comprehensive health insurance fund; and providing for an effective date." Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators Bishop, von Imhof, Stevens, Micciche. Signing no recommendation: Senator Olson. 2018-02-28 Senate Journal Page 2139 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 202 The Resources Committee considered SENATE BILL NO. 202 "An Act relating to the liability of a Native corporation for the release or threatened release of hazardous substances present on certain lands." Signing do pass: Senator Giessel, Chair; Senators Bishop, Coghill, von Imhof. Signing no recommendation: Senators Stedman, Meyer. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Environmental Conservation The bill was referred to the Judiciary Committee. SB 204 The State Affairs Committee considered SENATE BILL NO. 204 "An Act relating to special registration plates for vehicles owned by veterans with disabilities." Signing do pass: Senator Meyer, Chair; Senators Giessel, Coghill, Egan. Signing no recommendation: Senator Wilson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Rules Committee. HB 120 The Finance Committee considered HOUSE BILL NO. 120 "An Act relating to the Department of Law public advocacy function to participate in matters that come before the Federal Energy Regulatory Commission." Signing do pass: Senators Hoffman, MacKinnon, Cochairs; Senators Stevens, Bishop, von Imhof. Signing no recommendation: Senators Olson, Micciche. 2018-02-28 Senate Journal Page 2140 The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Law The bill was referred to the Rules Committee. SCR 17 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 17 Proclaiming April 2018 as Sexual Assault Awareness Month. Signing do pass: Senator Meyer, Chair; Senators Wilson, Giessel, Coghill, Egan. The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. Consideration of the Calendar Second Reading of House Bills HB 195 HOUSE BILL NO. 195 "An Act relating to insurer actions based on credit history and insurance scores at insurance policy renewal; and providing for insurer consideration of consumer requests for exceptions of credit history or insurance scores" was read the second time. President Kelly stated HOUSE BILL NO. 195 will advance to third reading on the March 1 calendar. Citations Honoring - Colonel Suellyn Wright-Novak Representative(s) Saddler Senator(s) MacKinnon, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson 2018-02-28 Senate Journal Page 2141 Honoring - Linda Lord-Jenkins Representative(s) Saddler Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Honoring - Alaska Congressional Delegation on Opening ANWR Representative(s) Millett Senator(s) Kelly, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Honoring - Thomas Barrett Representative(s) Millett Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Honoring - Charles "Chuck" C.E. Robinson Representative(s) Millett Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski Honoring - Robert Penny Representative(s) Millett Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Honoring - Dimitri Philemonof Representative(s) Millett, Edgmon Senator(s) Hoffman, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson In Memoriam - Howard Frederick "QaqkiGliulaq" Lincoln Senator(s) Olson, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Representative(s) Foster 2018-02-28 Senate Journal Page 2142 In Memoriam - Matthew Ryan Oliver Senator(s) Olson, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Representative(s) Foster In Memoriam - Katherine Stettinger Senator(s) Olson, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Representative(s) Foster In Memoriam - Florence "Nuz" Doyle Senator(s) Olson, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Representative(s) Foster In Memoriam - Mildred Elizabeth Minnick Representative(s) Sullivan-Leonard, Tilton Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson In Memoriam - Harold George Brown Representative(s) Sullivan-Leonard Senator(s) Meyer, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson In Memoriam - Marilyn Hahn Herreid Representative(s) Guttenberg Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Senator Micciche moved and asked unanimous consent the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2018-02-28 Senate Journal Page 2143 Unfinished Business SB 196 President Kelly added a State Affairs Committee referral to SENATE BILL NO. 196 "An Act relating to an appropriation limit; and providing for an effective date." The bill was referred to the State Affairs, then Finance Committees. SB 202 Senators Bishop, Giessel, Stevens, Stedman, Olson moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 202 "An Act relating to the liability of a Native corporation for the release or threatened release of hazardous substances present on certain lands." Without objection, it was so ordered. SB 212 Senators Bishop, Gardner, Begich moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 212 "An Act relating to participation of certain peace officers and firefighters in the defined benefit and defined contribution plans of the Public Employees' Retirement System of Alaska; relating to eligibility of peace officers and firefighters for medical benefits; and providing for an effective date." Without objection, it was so ordered. Senator Hughes moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 28 through evening plane time, March 4. Without objection, Senator Hughes was excused. HB 298 Senator Coghill, Chair, moved and asked unanimous consent the Judiciary Committee referral be waived on HOUSE BILL NO. 298 "An Act relating to the number of superior court judges in the first judicial district; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. 2018-02-28 Senate Journal Page 2144 SB 208 Senator Olson moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 208 "An Act establishing the month of March as Sobriety Awareness Month." Without objection, it was so ordered. Senator Costello moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 22 through evening plane time, March 25. Without objection, Senator Costello was excused. SJR 1 Senator Wielechowski moved SENATE JOINT RESOLUTION NO. 1 be discharged from the Judiciary Committee. Senator Micciche objected. The question being: "Shall SENATE JOINT RESOLUTION NO. 1 Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund, establishing the earnings reserve account, and relating to the permanent fund dividend, be discharged from the Judiciary Committee? The roll was taken with the following result: SJR 1 Discharge from Judiciary Committee? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Egan, Gardner, Hughes, Olson, Wielechowski Nays: Bishop, Coghill, Costello, Giessel, Hoffman, Kelly, MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof, Wilson and so, SENATE JOINT RESOLUTION NO. 1 failed to be discharged from the Judiciary Committee. Announcements Announcements are at the end of the journal. 2018-02-28 Senate Journal Page 2145 Adjournment Senator Micciche moved and asked unanimous consent the Senate stand in adjournment until 11:00 a.m., March 1, 2018. Without objection, the Senate adjourned at 12:02 p.m. Liz Clark Secretary of the Senate 2018-02-28 Senate Journal Page 2146 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 01 Thursday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Feb 28 Wednesday Butrovich 205 8:00 AM + HB 214 BREE'S LAW; DATING VIOLENCE PROGRAMS -- Testimony <Invited and Public> -- **Streamed live on AKL.tv** + Bills Previously Heard/Scheduled Mar 02 Friday Butrovich 205 8:00 AM No Meeting Scheduled ---------------------------------------- FINANCE Feb 28 Wednesday Senate Finance 532 9:00 AM + HB 321 APPROP: SUPPLEMENTAL OP.; FUND; AMENDING <Pending Referral> <Bill Hearing Canceled> += SB 104 EDUCATION CURRICULUM <Bill Hearing Canceled> + Bills Previously Heard/Scheduled: += HB 120 DEPT OF LAW: ADVOCACY BEFORE FERC += SB 165 COMPREHENSIVE HEALTH INSURANCE FUND += SB 15 E-CIGS: SALE TO AND POSSESSION BY MINOR 2018-02-28 Senate Journal Page 2147 FINANCE (continued) Mar 01 Thursday Senate Finance 532 9:00 AM + SB 92 VESSELS: REGISTRATION/TITLES; DERELICTS + SB 128 MARIJUANA EDU/TREATMENT FUND/PROGRAM + Bills Previously Heard/Scheduled: += SB 104 EDUCATION CURRICULUM Mar 02 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 28 Wednesday Butrovich 205 1:30 PM + Presentation: DHSS Office of Children's Services Response to Citizen Review Panel -- Testimony <Invitation Only> -- <Above Item Removed from Agenda> + Bills Previously Heard/Scheduled: += SB 122 OCS CITIZEN REVIEW PANEL -- Testimony <Invited and Public> -- Mar 02 Friday Butrovich 205 1:30 PM + Presentation: Key Campaign -- Testimony <Invitation Only> -- ---------------------------------------- JUDICIARY Feb 28 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 173 LIABILITY: PESTICIDES & UTILITY POLES + HB 43 NEW DRUGS FOR THE TERMINALLY ILL + Bills Previously Heard/Scheduled Mar 02 Friday Beltz 105 (tsbldg) 1:30 PM + Consideration of Appointee: Dennis "Skip" Cook, Select Committee on Legislative Ethics + SJR 14 CONST. AM: PARENTAL CONSENT TO ABORTION + HB 312 CRIMES AGAINST MEDICAL PROFESSIONALS + Bills Previously Heard/Scheduled ---------------------------------------- 2018-02-28 Senate Journal Page 2148 LABOR & COMMERCE Mar 01 Thursday Beltz 105 (tsbldg) 1:30 PM + SB 110 TOURISM MARKETING:BOARD;ASSESSMENT;FUND + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 28 Wednesday Butrovich 205 3:30 PM + Alaska Minerals Commission Overview of Annual Report -- Testimony <Invitation Only> -- + Update on the Alaska LNG Project Alaska Gasline Development Corporation -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Mar 02 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 01 Thursday Butrovich 205 3:30 PM + SB 212 PEACE OFFICER/FIREFIGHTER RETIRE BENEFITS -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 01 Thursday Butrovich 205 1:30 PM + SB 163 DEFINITION OF COMMERCIAL MOTOR VEHICLES + HB 204 OVERTAKING/PASSING ROAD WORK VEHICLES + HB 82 OFF HWY DRIVER'S LIC.;REGISTRATION;INSUR. ---------------------------------------- 2018-02-28 Senate Journal Page 2149 FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES Mar 01 Thursday Butrovich 205 5:15 PM + Health Care Services, Public Assistance -- Testimony <Invitation Only> -- Mar 06 Tuesday Butrovich 205 5:15 PM + Office of Children's Services, Juvenile Justice -- Testimony <Invitation Only> -- Mar 08 Thursday Butrovich 205 5:15 PM + Pioneer Homes, Seniors and Disabilities Service -- Testimony <Invitation Only> -- Mar 13 Tuesday Butrovich 205 5:15 PM + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 06 Tuesday Butrovich 205 11:00 AM + Budget Subcommittee Close-Out Mar 13 Tuesday Butrovich 205 11:00 AM + Budget Subcommittee Close-Out, if Necessary ---------------------------------------- NATURAL RESOURCES Mar 01 Thursday Butrovich 205 12:00 PM -- MEETING CANCELED -- + Alaska Mental Health Trust Authority Committee Questions Mar 08 Thursday Butrovich 205 12:00 PM -- Agenda Change -- + Budget Subcommittee Close-Out <Above Item Rescheduled to 3/13/18> <New Item Added Below> + Committee Questions 2018-02-28 Senate Journal Page 2150 NATURAL RESOURCES (continued) Mar 13 Tuesday Butrovich 205 12:00 PM -- Rescheduled from 03/08/18 -- + Budget Subcommittee Close-Out Mar 15 Thursday Butrovich 205 12:00 PM + Budget Subcommittee Close-Out, if Needed ---------------------------------------- PUBLIC SAFETY Feb 28 Wednesday Beltz 105 (tsbldg) 7:00 AM + FY19 Budget Proposal Overview -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Feb 28 Wednesday Senate Finance 532 1:30 PM + FY19 Budget Highlights ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 01 Thursday Butrovich 205 11:00 AM -- MEETING CANCELED -- + Brief Agency Overview Highlights of Major Budget Changes Governor's Amendments, If Any House Changes Mar 06 Tuesday Butrovich 205 12:00 PM -- Agenda Change -- + Alaska Marine Highway System Committee Questions <Above Items Rescheduled to 03/08/18> <New Items Added Below> + Brief Agency Overview Highlights of Major Budget Changes House Changes 2018-02-28 Senate Journal Page 2151 TRANSPORTATION & PUBLIC FACILITIES (continued) Mar 08 Thursday Butrovich 205 11:00 AM -- Agenda Change -- + Budget Subcommittee Close-Out <Above Item Rescheduled to 03/15/18> <Below Items Rescheduled from 03/06/18> + Alaska Marine Highway System Committee Questions Mar 15 Thursday Butrovich 205 11:00 AM -- Rescheduled from 03/08/18 -- + Budget Subcommittee Close-Out ---------------------------------------- JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 08 Thursday Capitol 106 9:30 AM Senate Subcommittee + Public Comment EXECUTIVE SESSION Public Session Mar 08 Thursday Capitol 106 10:30 AM + Approval of January Minutes Public Comment Chair/Staff Report a. Outside Counsel Contract b. Private Investigator Contract c. Personnel EXECUTIVE SESSION Public Session Other Business ---------------------------------------- 2018-02-28 Senate Journal Page 2152 OTHER MEETINGS MISCELLANEOUS MEETINGS Mar 08 Thursday Capitol 106 12:00 PM Lunch & Learn: Ethics in Action in the Alaska Legislature Presenter: Dr. Charla Brown, Assistant Professor of Human Resource Management, University of Alaska Southeast Sponsored by Representative Kito