Legislature(2021 - 2022)
2022-02-04 Senate Journal
Full Journal pdf2022-02-04 Senate Journal Page 1721 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE SECOND SESSION Juneau, Alaska Friday February 4, 2022 Eighteenth Day Pursuant to adjournment the Senate was called to order by President Micciche at 10:34 a.m. The roll showed fifteen members present. Senators Holland, Kawasaki, Myers were excused from a call of the Senate. Senators Bishop, von Imhof were absent. The prayer was offered by the Chaplain, Pastor Keith Greene, Glacier Valley Church of God. Senator Hoffman moved and asked unanimous consent the prayer be spread. Without objection, it was so ordered. Father, I come to you this morning thanking you for the men and women here who have given up their time to help plan and run this great state. While we may not always agree on everything, God, one thing we do know and agree on is that this is a wonderful state. So, God, I ask you today for wisdom, for guidance, for insight. Bless what is done here today, Lord, so that in the end I honor you. In the mighty name of Jesus, I pray, Amen. Senator Hughes led the Senate in the Pledge of Allegiance. Senator Hughes moved and asked unanimous consent Senator von Imhof be excused from a call of the Senate today. Without objection, Senator von Imhof was excused. 2022-02-04 Senate Journal Page 1722 Certification Senator Hughes moved and asked unanimous consent the journals for the sixteenth and seventeenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Bishop was noted. Communications The following reports are on file in the Office of the Secretary of the Senate: Department of Environmental Conservation Annual Loan Fund Report FY2021 Alaska Drinking Water and Clean Water Funds in accordance with AS 37.05.035 and AS 46.03.032 Department of Natural Resources 2022 Reports to the Alaska Legislature Division of Mining, Land and Water Identified RS 2477 Rights-of-Way in accordance with AS 19.30.400 Annual Mining Report in accordance with AS 27.05.060 Status of the Land Disposal Income Fund in accordance with AS 38.04.022 Status of Land in the Land Disposal Bank in accordance with AS 38.04.020 Water Removals and Exports in accordance with AS 46.15.020 Notification of Interim Classifications in accordance with AS 38.05.300 2022-02-04 Senate Journal Page 1723 Cooperative Resource Management or Development Agreements in accordance with AS 38.05.027 Efforts to Maintain or Enhance Access to and Along Fishing Streams in accordance with AS 38.04.205 Annual Report of Aquatic Farm Lease Applications, Monetary and Job Estimates, and Recommendations Division of Oil and Gas 5 Year Program of Proposed Oil and Gas Lease Sales in accordance with AS 38.05.180 Division of Parks and Outdoor Recreation Report on Designations of Incompatible Use 2021 in accordance with AS 41.21.020 Department of Education & Early Development Notice of Availability: Alaska's Public Schools: A Report Card to the Public January 25, 2021 in accordance with AS 14.03.120 Standing Committee Reports SB 9 The Finance Committee considered SENATE BILL NO. 9 "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 9(FIN) Signing do pass: Senator Bishop, Cochair; Senator Wielechowski. Signing no recommendation: Senator Stedman, Cochair. Signing amend: Senators Wilson, Olson. 2022-02-04 Senate Journal Page 1724 The following fiscal information was published today: Fiscal Note No. 6, Alaska Judiciary System Fiscal Note No. 7, indeterminate, Department of Revenue Fiscal Note No. 8, Department of Commerce, Community, and Economic Development Fiscal Note No. 9, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 10, zero, Department of Health and Social Services The bill is on today's calendar. HB 3 The Judiciary Committee considered CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to the definition of 'disaster'" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 3(JUD) Signing do pass: Senator Holland, Chair; Senators Myers, Hughes, Kiehl. Signing no recommendation: Senator Shower. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Administration The bill was referred to the Rules Committee. HB 87 The Transportation Committee considered CS FOR HOUSE BILL NO. 87(JUD) "An Act relating to electric-assisted bicycles." Signing do pass: Senator Myers, Chair; Senators Bishop, Micciche, Kiehl. Signing no recommendation: Senator Shower. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Administration The bill was referred to the State Affairs Committee. 2022-02-04 Senate Journal Page 1725 HB 127 The Community and Regional Affairs Committee considered HOUSE BILL NO. 127 "An Act relating to the Alaska Municipal Bond Bank Authority." Signing do pass: Senator Hughes, Chair; Senator Gray-Jackson. Signing no recommendation: Senators Myers, Wilson. The following fiscal information was published today: Fiscal Note No. 2, Department of Revenue The bill was referred to the Finance Committee. HB 168 The Health and Social Services Committee considered HOUSE BILL NO. 168 "An Act requiring the Department of Health and Social Services to provide and allow submission of an electronic application for certain state benefits; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 168(HSS) Signing do pass: Senator Wilson, Chair; Senator Begich. Signing no recommendation: Senators Costello, Hughes, Reinbold. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Health and Social Services The bill was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SR 3 SENATE RESOLUTION NO. 3 BY SENATOR SHOWER, Relating to nonprofit, nongovernmental organization support for veterans in Alaska. was read the first time and referred to the State Affairs Committee. 2022-02-04 Senate Journal Page 1726 Introduction and Reference of Senate Bills SB 179 SENATE BILL NO. 179 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the establishment of a renewable portfolio standard for regulated electric utilities; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community, and Economic Development Governor's transmittal letter dated February 2: Dear President Micciche: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to the creation of a renewable portfolio standard for regulated electric utilities. This bill would direct regulated utilities to increase their proportion of net electricity production from renewable energy resources to meet discrete statutory targets, starting with 20 percent renewable energy resources by 2025 and 80 percent renewable energy resources by 2040. Benchmarks will be set every five years, beginning December 31, 2025, by dividing each utility’s annual net sales to customers of generation derived from renewable energy resources by the same utility’s total retail electricity sales each year. The Railbelt Reliability Council will be required to account for these production targets in their integrated resource planning. Reporting and attainment will be managed by the Regulatory Commission of Alaska, beginning with the first annual reports in 2024. 2022-02-04 Senate Journal Page 1727 While 30 states and counting have passed a renewable portfolio standard as of 2020, this bill does not take a one-size-fits-all approach. Waivers have been provided for transmission capacity constraints, natural disasters, and many other “good cause” considerations. To emphasize Alaska’s unique “succeed together” approach, utilities will be granted an exemption if production targets are met by all utilities in aggregate regardless of individual utility failures. Finally, all utilities have been granted one exemption from their first instance of noncompliance. This bill takes a concrete step toward energy independence, long-term cost reductions through up to $650 million in annual fuel savings by 2040, and the creation of a competitive marketplace for innovative power producers. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor SB 180 SENATE BILL NO. 180 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to commercial passenger vessel environmental compliance; relating to commercial passenger vessel fees; establishing the wastewater infrastructure grant fund; repealing the authority for citizens' suits relating to commercial passenger vessel environmental compliance; repealing the commercial passenger vessel recognition program; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 2022-02-04 Senate Journal Page 1728 The following fiscal information was published today: Fiscal Note No. 1, Department of Environmental Conservation Fiscal Note No. 2, Department of Environmental Conservation Fiscal Note No. 3, Department of Environmental Conservation Fiscal Note No. 4, Department of Environmental Conservation Governor's transmittal letter dated February 2: Dear President Micciche: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to commercial passenger vessel environmental compliance. This bill is an update of the commercial passenger vessel environmental oversight statutes drafted by the Department of Environmental Conservation in 2001. The changes proposed in the bill will allow them to be more effective in protecting Alaska’s environment. It repeals the statutory requirement for on-board ocean ranger observers created by ballot initiative in 2006 in favor of Department inspection staff spending more time on board vessels. It also changes the statutory fees applied to commercial passenger vessels, adjusts wastewater discharge definitions, and aligns the commercial passenger vessel environmental compliance program within the Department of Environmental Conservation’s regulatory structure. The proposal would retain the core structure of the Department’s oversight, while repealing detailed provisions that are better managed in regulation for timely updates in response to changing science on contamination and pollutants. It has delayed effective dates, particularly for small commercial vessels, that allow uniform implementation and time for the industry to come into compliance with the new law. 2022-02-04 Senate Journal Page 1729 Finally, the bill creates a new wastewater infrastructure grant fund that would be available for municipal port communities to apply and receive partial funding toward establishing, upgrading, or improving wastewater treatment collection systems or facilities that provide services to commercial passenger vessels. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor SB 181 SENATE BILL NO. 181 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act relating to identification requirements for contractors." was read the first time and referred to the Community and Regional Affairs and Labor and Commerce Committees. Consideration of the Calendar Second Reading of Senate Bills SB 9 SENATE BILL NO. 9 "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date" was read the second time. 2022-02-04 Senate Journal Page 1730 Senator Bishop, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered today. Senator Begich objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 9(FIN) was adopted. President Micciche stated CS FOR SENATE BILL NO. 9(FIN) will advance to third reading on the February 8 calendar. Second Reading of House Resolutions HJR 16 HOUSE JOINT RESOLUTION NO. 16 Encouraging the United States Congress to pass legislation granting the Hmong veterans of the Vietnam War access to the same veteran benefits received by United States veterans was read the second time. President Micciche stated HOUSE JOINT RESOLUTION NO. 16 will advance to third reading on the February 8 calendar. Citations Honoring - W. Glenn Hackney Senator(s) Bishop Representative(s) Thompson In Memoriam - Marcella "Sally" Dunlap Hill Senator(s) Kawasaki Representative(s) Hopkins In Memoriam - Carla Sue Laakso Senator(s) Kawasaki Senator Hughes moved and asked unanimous consent the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2022-02-04 Senate Journal Page 1731 Unfinished Business Senator Costello moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 7 through evening plane time, March 11. Without objection, Senator Costello was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Hughes moved and asked unanimous consent the Senate stand in adjournment until 11:00 a.m., February 8, 2022. Without objection, the Senate adjourned at 11:01 a.m. Liz Clark Secretary of the Senate 2022-02-04 Senate Journal Page 1732 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 Feb 08 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Feb 10 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 04 Friday Butrovich 205 9:00 AM No Meeting Scheduled Feb 07 Monday Butrovich 205 9:00 AM + Consideration of Governor's Appointee: Kali Spencer to University of Alaska Board of Regents + Presentation: "Update on COVID related impacts and funding in K-12 Education" by the Department of Education and Early Development + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 09 Wednesday Butrovich 205 9:00 AM No Meeting Scheduled Feb 11 Friday Butrovich 205 9:00 AM += SB 34 STATE-TRIBAL EDUCATION COMPACT SCHOOLS -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** 2022-02-04 Senate Journal Page 1733 FINANCE Feb 04 Friday Senate Finance 532 9:00 AM + SB 164 APPROP: CAP; REAPPROP; SUPP + Bills Previously Heard/Scheduled Feb 07 Monday Senate Finance 532 9:00 AM + FY22 Operating Supplemental Request Neil Steininger, Director of OMB + Bills Previously Heard/Scheduled Feb 07 Monday Senate Finance 532 1:00 PM += SB 33 SEAFOOD PRODUCT DEVELOPMENT TAX CREDIT + Bills Previously Heard/Scheduled Feb 08 Tuesday Senate Finance 532 9:00 AM + Economic Outlook Moody's Analytics + Village Safe Water & Wastewater Captial Projects Department of Environmental Conservation + Bills Previously Heard/Scheduled Feb 08 Tuesday Senate Finance 532 1:00 PM += SB 72 SEC. SCHOOL CIVICS EDUCATION + SB 80 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION -- Invited Testimony -- -- Public Testimony <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled Feb 09 Wednesday Senate Finance 532 9:00 AM + Deferred Maintenance Neil Steininger, Director of OMB + Bills Previously Heard/Scheduled Feb 09 Wednesday Senate Finance 532 1:00 PM + Bills Previously Heard/Scheduled Feb 10 Thursday Senate Finance 532 9:00 AM + Fiscal Scenarios Legislative Finance Division + Bills Previously Heard/Scheduled 2022-02-04 Senate Journal Page 1734 FINANCE (continued) Feb 10 Thursday Senate Finance 532 1:00 PM += SB 111 EARLY EDUCATION; READING INTERVENTION -- Invited Testimony - Department of Education & Early Development + Bills Previously Heard/Scheduled Feb 11 Friday Senate Finance 532 9:00 AM + Fiscal Scenarios Legislative Finance Division + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 08 Tuesday Butrovich 205 1:30 PM += HB 133 AK ED SAVINGS PROGRAMS/ELIGIBILITY -- Invited & Public Testimony -- + Bills Previously Heard/Scheduled Feb 10 Thursday Butrovich 205 1:30 PM + Overview: EO 121: Department of Health and Social Services Bifurcation -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 04 Friday Butrovich 205 1:30 PM No Meeting Scheduled Feb 07 Monday Butrovich 205 1:30 PM No Meeting Scheduled Feb 09 Wednesday Butrovich 205 1:30 PM += SB 119 OATH OF OFFICE += HB 155 COURT SYSTEM PROVIDE VISITORS & EXPERTS += SB 129 ELECTION PAMPHLET INFORMATION RE: JUDGES += SB 23 INITIATIVE SEVERABILITY -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled 2022-02-04 Senate Journal Page 1735 JUDICIARY (continued) Feb 11 Friday Butrovich 205 1:30 PM += SB 118 CMTE ON NULLIFICATION OF FEDERAL LAWS -- Public Testimony -- += SB 23 INITIATIVE SEVERABILITY -- Invited & Public Testimony -- += SB 31 PROHIBITING BINDING CAUCUSES Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 04 Friday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled += SB 159 UNEMPLOYMENT BENEFITS <Bill Hearing Rescheduled from 02/02/22> **Streamed live on AKL.tv** Feb 07 Monday Beltz 105 (tsbldg) 1:30 PM + Presentation: Pacific NorthWest Economic Region + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 09 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 173 DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP -- Invited & Public Testimony -- + SB 143 COMMON INTEREST COMMUNITIES; LIENS -- Invited & Public Testimony -- + SB 151 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD -- Invited & Public Testimony -- **Streamed live on AKL.tv** + Bills Previously Heard/Scheduled Feb 11 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled 2022-02-04 Senate Journal Page 1736 RESOURCES Feb 04 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Alaska Department of Fish & Game Committee Update + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 07 Monday Butrovich 205 3:30 PM + HB 28 REGISTRATION OF BOATS: EXEMPTION -- Invited & Public Testimony -- Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 09 Wednesday Butrovich 205 3:30 PM + Consideration of Governor’s Appointees: James Cooney, Board of Game Consideration of Governor’s Appointees: Clay Nordlum, Big Game Commercial Services -- Invited & Public Testimony -- Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 11 Friday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** ---------------------------------------- STATE AFFAIRS Feb 08 Tuesday Butrovich 205 3:30 PM += SB 147 ORGAN DONATION; ADL RENEWAL += SB 145 LEGISLATOR RETROACTIVE PER DIEM += SB 156 PROHIBIT COVID-19 VACCINE DISCRIMINATION += HB 148 ALASKA COORDINATE SYSTEM OF 2022 -- Public Testimony <Time Limit May Be Set> -- **Streamed live on AKL.tv** + Bills Previously Heard/Scheduled 2022-02-04 Senate Journal Page 1737 STATE AFFAIRS (continued) Feb 10 Thursday Butrovich 205 3:30 PM += HB 123 STATE RECOGNITION OF TRIBES += SB 92 MISSING PERSONS UNDER 21 YEARS OLD += SB 66 MEMBERS LEG COUNCIL; LEG BUDGET & AUDIT += SB 167 ELECTIONS; FRAUD; BALLOTS -- Public Testimony <Time Limit May be Set> -- Bills Previously Heard/Scheduled **Streamed live on AKL.tv** ---------------------------------------- TRANSPORTATION Feb 08 Tuesday Beltz 105 (tsbldg) 1:30 PM + Presentation: Regional Infrastructure Accelerator Program and Supply Chain Stability by Pacific North West Economic Region + SB 150 TRUCK DRIVER APPRECIATION DAY -- Invited & Public Testimony -- Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 10 Thursday Beltz 105 (tsbldg) 1:30 PM + Consideration of Governor’s Appointees: Board of Marine Pilots and DOT Commissioner Michael O'Hara - Board of Marine Pilots Les Cronk - Board of Marine Pilots Ryan Anderson - Commissioner, Department of Transportation -- Public Testimony -- **Streamed live on AKL.tv** ---------------------------------------- OTHER MEETINGS JOINT SESSION Feb 09 Wednesday House Chamber 11:00 AM State of the Judiciary Address by Chief Justice Daniel E. Winfree Feb 22 Tuesday House Chamber 11:00 AM Annual Address by Lisa Murkowski, U.S. Senator 2022-02-04 Senate Journal Page 1738 MISCELLANEOUS MEETINGS Feb 08 Tuesday Butrovich 205 12:00 PM Presentation: Improving Food Access/Status of Hunger in Alaska Presenters: Cara Durr, Ron Meehan, Kate Paskievitch Organization: Food Bank of Alaska/Alaska Food Coalition Sponsored by: Senator Kawasaki