Legislature(2015 - 2016)
2015-04-19 Senate Journal
Full Journal pdf2015-04-19 Senate Journal Page 1127 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE FIRST SESSION Juneau, Alaska Sunday April 19, 2015 Ninetieth Day Pursuant to adjournment the Senate was called to order by President Meyer at 1:19 p.m. The roll showed eighteen members present. Senators Ellis, Olson were absent. The prayer was offered by the Chaplain, Romo Marasigan. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, I thank You for this day that You have made. I ask You to please continue to watch over our loved ones. I thank You for all the blessings and always being there during the uncertain times in our lives. I will continue to live up to Your name for You alone are worthy. In Jesus' name. Amen. Senator Gardner led the Senate in the Pledge of Allegiance. Certification Senator Coghill moved and asked unanimous consent that the journal for the eighty-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2015-04-19 Senate Journal Page 1128 Recess Senator Coghill moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 1:21 p.m. After Recess Joint Session in the House The presence of Senators Ellis, Olson was noted. The consideration of the Governor's appointments in Joint Session will be published in House and Senate Joint Journal Supplement No. 8. After Recess In the Senate The Senate reconvened at 6:59 p.m. Recess Senator Coghill moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 6:59 p.m. After Recess The Senate reconvened at 7:59 p.m. Messages from the Governor HB 35 Message was received stating the Governor signed the following bill on April 18 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2015-04-19 Senate Journal Page 1129 CS FOR HOUSE BILL NO. 35(STA) "An Act establishing March 27 as Great Alaska Good Friday Earthquake Remembrance Day." Chapter 2, SLA 2015 Effective Date: 7/17/15 HCR 9 Message dated April 18 was received stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 9 Proclaiming April 19, 2015, as Congenital Diaphragmatic Hernia Action Day. Legislative Resolve No. 15 Messages from the House SCR 12 Message dated April 18 was received stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 12 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 146, relating to a municipal tax exemption for certain subdivided property. The resolution was referred to the Secretary for enrollment. SJR 18 Message dated April 18 was received stating the House passed and returned: 2015-04-19 Senate Journal Page 1130 CS FOR SENATE JOINT RESOLUTION NO. 18(RES) Supporting the leases issued by the United States Department of the Interior to Royal Dutch Shell in the Chukchi and Beaufort Seas; urging the Governor of the State of Washington, the Seattle City Council, and other public officials in the State of Washington to refrain from destructive attacks on the economy, jobs, and lives of the people of this state and the State of Washington and to look first at closing the Boeing production facilities to reduce emissions of carbon dioxide from commercial activity; inviting Royal Dutch Shell to use a port in this state as the homeport of its Arctic drilling fleet if the lease with the Port of Seattle is terminated; and requesting that the Alaska Congressional delegation support restricting the Export-Import Bank of the United States to lending only to small businesses. The resolution was referred to the Secretary for enrollment. SB 15 Message dated April 18 was received stating the House passed and returned: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 15 "An Act relating to the tax on policy year premiums for life insurance policies." The bill was referred to the Secretary for enrollment. SB 34 Message dated April 18 was received stating the House passed and returned: CS FOR SENATE BILL NO. 34(FIN) "An Act relating to investment of the power cost equalization endowment fund; and providing for an effective date." The bill was referred to the Secretary for enrollment. 2015-04-19 Senate Journal Page 1131 SB 63 Message dated April 18 was received stating the House passed and returned: CS FOR SENATE BILL NO. 63(STA) "An Act naming the state library, archives, and museum building in Juneau and the public reading room in that building." The bill was referred to the Secretary for enrollment. HB 146 Message dated April 18 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 146(CRA) "An Act relating to a municipal tax exemption for certain subdivided property" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 146(CRA) "An Act relating to the optional exemption from and deferral of payment of municipal taxes on deteriorated property; and relating to a municipal tax exemption for certain subdivided property." (Title Change SCR 12) HB 158 Message dated April 18 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 158(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 158(FIN) "An Act relating to a refined fuel surcharge; relating to the motor fuel tax; relating to a qualified dealer license; and providing for an effective date." 2015-04-19 Senate Journal Page 1132 SB 107 Message dated April 19 was read stating the House passed and returned: SENATE BILL NO. 107 "An Act relating to insurance; relating to risk based capital for domestic insurers and fraternal benefit societies, including provisions related to insurers subject to risk based capital and action level event requirements; relating to review by the director of insurance of an insurer's risk based capital plan; relating to confidentiality and sharing of certain information submitted to the director of insurance; relating to evaluating an insurance holding company and the acquisition of control of or merger with a domestic insurer; relating to risk based capital, risk management, and own risk and solvency assessments of insurers; clarifying provisions related to risk based capital plans; relating to exemptions by the director of insurance for certain domestic and casualty insurers from risk based capital requirements; relating to insurance holding companies, including filing requirements, divestiture, content of statements, notifications, and hearings; relating to registration requirements of insurers; relating to transactions within an insurance holding company system or transactions involving a domestic insurer; relating to management and examination of domestic insurers that are part of an insurance holding company system; adding provisions relating to participation by the director of insurance in a supervisory college; relating to civil and criminal penalties for violations by insurers and individuals; relating to provisions for risk management and own risk and solvency assessments by insurers; relating to operating requirements for controlling insurance producers; relating to producer-controlled insurers; adding and amending definitions related to insurers; and providing for an effective date." The bill was referred to the Secretary for enrollment. 2015-04-19 Senate Journal Page 1133 Message dated April 19 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 13 HOUSE CONCURRENT RESOLUTION NO. 13 BY THE HOUSE RULES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Joint Resolution No. 16, expressing support for the Arctic Economic Council and the United States Arctic Economic Council delegation; requesting that the United States Congress express support for the Arctic Economic Council, for the chair of the Arctic Economic Council to be a resident of this state, and for the structure of the Arctic Economic Council leadership to mirror the rotation of the chair of the Arctic Council; and urging the United States Congress to empower residents of the state as partners in the Arctic Economic Council. was read the first time and held on the Secretary's desk. Concur Messages SB 39 Message dated April 19 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 39(L&C) with the following amendment: CS FOR SENATE BILL NO. 39(L&C) am H "An Act repealing the film production tax credit; providing for an effective date by repealing the effective dates of secs. 31 - 33, ch. 51, SLA 2012; and providing for an effective date." 2015-04-19 Senate Journal Page 1134 Senator Coghill moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: CSSB 39(L&C) am H Shall the Senate Concur in the House Amendment to CSSB 39(L&C)? Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stedman, Stevens, Stoltze Nays: Ellis, Gardner, Olson, Wielechowski and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 39(L&C) am H "An Act repealing the film production tax credit; providing for an effective date by repealing the effective dates of secs. 31 - 33, ch. 51, SLA 2012; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SJR 16 Message dated April 19 was read stating the House passed and returned for consideration CS FOR SENATE JOINT RESOLUTION NO. 16(ARC) Expressing support for the Arctic Economic Council and the United States Arctic Economic Council delegation; requesting that the United States Congress express support for the Arctic Economic Council, for the chair of the Arctic Economic Council to be a resident of this state, and for the structure of the Arctic Economic Council leadership to mirror the rotation of the chair of the Arctic Council; and urging the United States Congress to empower residents of the state as partners in the Arctic Economic Council, with the following amendment: 2015-04-19 Senate Journal Page 1135 HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 16(RLS) Expressing support for the Arctic Economic Council and the United States Arctic Economic Council delegation; requesting that the United States Congress express support for the Arctic Economic Council, for the chair of the Arctic Economic Council to be a resident of this state, and for the structure of the Arctic Economic Council leadership to mirror the rotation of the chair of the Arctic Council; and encouraging the United States Congress to cooperate with the state on matters related to and under consideration by the Arctic Economic Council. (Title Change HCR 13) Senator Coghill moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSJR 16(RLS) Shall the Senate Concur in the House Amendment to CSSJR 16(ARC)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 16(RLS) Expressing support for the Arctic Economic Council and the United States Arctic Economic Council delegation; requesting that the United States Congress express support for the Arctic Economic Council, for the chair of the Arctic Economic Council to be a resident of this state, and for the structure of the Arctic Economic Council 2015-04-19 Senate Journal Page 1136 leadership to mirror the rotation of the chair of the Arctic Council; and encouraging the United States Congress to cooperate with the state on matters related to and under consideration by the Arctic Economic Council. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. HCR 13 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 13, which had been held on the Secretary's desk (page 1133). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 13 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Joint Resolution No. 16, expressing support for the Arctic Economic Council and the United States Arctic Economic Council delegation; requesting that the United States Congress express support for the Arctic Economic Council, for the chair of the Arctic Economic Council to be a resident of this state, and for the structure of the Arctic Economic Council leadership to mirror the rotation of the chair of the Arctic Council; and urging the United States Congress to empower residents of the state as partners in the Arctic Economic Council, pass the Senate?" The roll was taken with the following result: HCR 13 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski and so, HOUSE CONCURRENT RESOLUTION NO. 13 passed the Senate, was signed by the President and Secretary and returned to the House. 2015-04-19 Senate Journal Page 1137 Standing Committee Reports HB 106 The Finance Committee considered CS FOR HOUSE BILL NO. 106(STA) am "An Act relating to the Uniform Interstate Family Support Act, including jurisdiction by tribunals of the state, registration and proceedings related to support orders from other state tribunals, foreign support orders, foreign tribunals, and certain persons residing in foreign countries; relating to determination of parentage of a child; and providing for an effective date." Signing no recommendation: Senators Kelly, MacKinnon, Cochairs; Senator Micciche. Signing do pass: Senators Bishop, Hoffman. Signing do not pass: Senator Dunleavy. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Revenue Fiscal Note No. 4, zero, Alaska Judiciary System The bill was referred to the Rules Committee. HB 178 The Finance Committee considered HOUSE BILL NO. 178 "An Act relating to workers' compensation fees for medical treatment and services; providing for an effective date by amending the effective date of sec. 5, ch. 63, SLA 2014; and providing for an effective date." Signing do pass: Senators Kelly, MacKinnon, Cochairs; Senators Micciche, Bishop, Hoffman. Signing no recommendation: Senator Dunleavy. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Labor and Workforce Development The bill was referred to the Rules Committee. 2015-04-19 Senate Journal Page 1138 Introduction and Reference of Senate Bills SB 115 SENATE BILL NO. 115 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act establishing the Public Integrity Commission of Alaska; repealing the Alaska Public Offices Commission; making conforming amendments; eliminating a reporting requirement for persons making campaign contributions to certain groups; relating to the interpretation of a written instrument used to make a campaign contribution; allowing the expenditure of campaign funds by charitable donation before an election; requiring the Public Integrity Commission of Alaska and persons who file complaints with the commission to maintain the confidentiality of certain proceedings, documents, and information; relating to certain reports filed with the Public Integrity Commission of Alaska; relating to requirements for recipients of contributions intended for candidates in state election campaigns; reducing the information that must be disclosed in certain campaign communications; amending the definition of 'contribution' for the purposes of state election campaigns; reducing the penalties for violations of state election campaign laws; providing that certain advisory opinions may be appealed to the superior court; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. SB 116 SENATE BILL NO. 116 BY SENATOR STEVENS, entitled: "An Act relating to civics examinations and secondary school graduation requirements; and providing for an effective date." was read the first time and referred to the Education and Finance Committees. 2015-04-19 Senate Journal Page 1139 Senator Coghill moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: Messages from the House Message dated April 18 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 44 CS FOR HOUSE BILL NO. 44(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to sexual abuse and sexual assault awareness and prevention efforts in public schools; and relating to dating violence and abuse awareness and prevention efforts in public schools." was read the first time and referred to the Education and Finance Committees. HB 80 HOUSE BILL NO. 80 BY REPRESENTATIVES GATTIS, Colver, LeDoux, Hughes, Tilton, Wilson, Neuman, Millett, entitled: "An Act repealing the requirement for secondary students to take college and career readiness assessments." was read the first time and referred to the Education and Finance Committees. Consideration of the Calendar Reconsideration of House Bills HB 75 Senator Coghill requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 75(JUD) "An Act relating to the registration of marijuana establishments by municipalities; relating to 2015-04-19 Senate Journal Page 1140 the definition of 'marijuana'; clarifying standards for personal use of marijuana by persons 21 years of age or older; prohibiting the public consumption of marijuana; relating to established villages and to local option elections regarding the operation of marijuana establishments; and providing for an effective date" be taken up. The bill was before the Senate on reconsideration. Senator Coghill moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 75(JUD) be returned to the Rules Committee. Without objection, it was so ordered. Second Reading of House Bills HB 180 Senator Coghill moved and asked unanimous consent that HOUSE BILL NO. 180(efd add) "An Act establishing the second Sunday of June each year as Children's Day; and providing for an effective date" be held to the April 20 calendar. Without objection, it was so ordered. Third Reading of House Bills HB 105 Senator Coghill moved and asked unanimous consent that CS FOR HOUSE BILL NO. 105(FIN) "An Act relating to the programs and bonds of the Alaska Industrial Development and Export Authority; relating to the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund; requiring the Alaska Industrial Development and Export Authority to deliver to the legislature reports relating to the Interior energy project; relating to the financing authorization through the Alaska Industrial Development and Export Authority of a liquefied natural gas production plant and natural gas energy projects and distribution systems in the state; amending and repealing bond authorizations granted to the Alaska Industrial Development and Export Authority; authorizing the Alaska Industrial Development and Export Authority to issue bonds to finance the infrastructure and construction costs of the Sweetheart Lake hydroelectric project; authorizing the Alaska Industrial Development and Export Authority to issue bonds to finance 2015-04-19 Senate Journal Page 1141 the infrastructure and construction costs of rebuilding transmission between the Hope substation and Portage, rebuilding transmission between Powerline Pass to Indian, and the Eklutna hydroelectric transmission system upgrade project; relating to legislative approval for loans from the power project fund to the City of King Cove; and providing for an effective date" be held to the April 20 calendar. Without objection, it was so ordered. Second Reading of Senate Resolutions SR 4 Senator Coghill moved and asked unanimous consent that SENATE RESOLUTION NO. 4 Establishing the Senate Special Committee on Federal Overreach, be held to the April 20 calendar. Without objection, it was so ordered. Unfinished Business HB 176 The reconsideration on CS FOR HOUSE BILL NO. 176(FIN) "An Act repealing state employee salary schedule increases; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., April 20, 2015. Without objection, the Senate adjourned at 8:27 p.m. Liz Clark Secretary of the Senate 2015-04-19 Senate Journal Page 1142 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled FINANCE Apr 19 Sunday Senate Finance 532 10:00 AM + Bills Previously Heard/Scheduled += HB 178 WORKERS' COMP MEDICAL FEES; DELAY += HB 106 UNIFORM INTER.CHILD SUPPORT;PARENTAGE Apr 20 Monday Senate Finance 532 9:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Apr 20 Monday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB72 AND HB73 Apr 19 Sunday Senate Finance 532 11:00 AM -- MEETING CANCELED -- = HB 72 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 73 APPROP: MENTAL HEALTH BUDGET Closeouts of All Remaining Items Apr 20 Monday Senate Finance 532 9:00 AM = HB 72 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 73 APPROP: MENTAL HEALTH BUDGET Closeouts of All Remaining Items ---------------------------------------- 2015-04-19 Senate Journal Page 1143 OTHER MEETINGS JOINT SESSION Apr 19 Sunday House Chamber 1:30 PM Consideration of Governor's Appointees