Legislature(2015 - 2016)
2016-02-29 Senate Journal
Full Journal pdf2016-02-29 Senate Journal Page 1985 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday February 29, 2016 Forty-second Day Pursuant to adjournment the Senate was called to order by President Meyer at 10:35 a.m. The roll showed seventeen members present. Senator Stedman was excused from a call of the Senate. Senators Ellis, Kelly were absent. The prayer was offered by the Chaplain, Pastor Tari Stage-Harvey, Shepherd of the Valley Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious Redeemer, Make us in sync with your will in this world. We lift up thanks for our brokenness and failures. May they keep us humble and always in need of friends and colleagues to speak truth and forgiveness. May we be quick to recognize our faults and offer forgiveness when we are wronged. Restore us to right relationship with you, each other, and the world around us. Almighty Creator, Make us in sync with your creation. Open our ears and hearts to listen and tend to the world around us. Give us wisdom in how we steward your abundant gifts. Living Spirit, Bring our hearts into right rhythm with you. Breathe your creative and joy filled presence into this place. 2016-02-29 Senate Journal Page 1986 Give us all good humor as we face serious struggles and differences. Give us space to step back and get into sync with you and the world around us. Amen. Senator MacKinnon led the Senate in the Pledge of Allegiance. Certification Senator Coghill moved and asked unanimous consent that the journals for the thirty-ninth through forty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Kelly was noted. Messages from the Governor HB 11 Message was read stating the Governor signed the following bill on February 26 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 11(JUD) am(efd am S) "An Act restricting the publication of certain records of criminal cases on a publicly available Internet website; and providing for an effective date." Chapter 1, SLA 2016 Effective Date: 10/1/16 Communications The following reports are on file in the Office of the Secretary of the Senate: Department of Education and Early Development School Capital Project Funding Under SB 237 in accordance with AS 14.11.035 2016-02-29 Senate Journal Page 1987 Council on Domestic Violence and Sexual Assault Annual Report FY 2015 Standing Committee Reports SB 72 The Labor and Commerce Committee considered SENATE BILL NO. 72 "An Act relating to caregivers of patients after release or departure from a hospital; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 72(L&C) "An Act relating to the discharge of patients from hospitals and to caregivers of patients after discharge from a hospital; and providing for an effective date." Signing do pass: Senator Costello, Chair; Senators Giessel, Meyer, Stevens. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Health and Social Services The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill is on today's calendar. SB 141 The Labor and Commerce Committee considered SENATE BILL NO. 141 "An Act relating to possession of an electronic smoking device, e-liquid or e-liquid product, vapor product, or alternative tobacco product by a minor and to selling or giving an electronic smoking device, e-liquid or e-liquid product, vapor product, or alternative tobacco product to a minor" and recommended it be replaced with CS FOR SENATE BILL NO. 141(L&C) "An Act relating to possession of an electronic smoking product by a minor and to selling or giving an electronic smoking product to a minor; relating to 2016-02-29 Senate Journal Page 1988 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 or nicotine products." Signing do pass: Senator Costello, Chair; Senators Giessel, Meyer, Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 3, zero, Department of Health and Social Services The bill was referred to the Judiciary Committee. Consideration of the Calendar Second Reading of Senate Bills SB 72 SENATE BILL NO. 72 "An Act relating to caregivers of patients after release or departure from a hospital; and providing for an effective date" was read the second time. Senator Costello, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 1987. Senator Gardner objected, then withdrew her objection. There being no further objection, CS FOR SENATE BILL NO. 72(L&C) "An Act relating to the discharge of patients from hospitals and to caregivers of patients after discharge from a hospital; and providing for an effective date" was adopted. 2016-02-29 Senate Journal Page 1989 Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 72(L&C) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 72(L&C) "An Act relating to the discharge of patients from hospitals and to caregivers of patients after discharge from a hospital; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 72(L&C) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stevens, Stoltze, Wielechowski Excused: Stedman Absent: Ellis and so, CS FOR SENATE BILL NO. 72(L&C) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Gardner gave notice of reconsideration. Recess Senator Coghill moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:53 a.m. 2016-02-29 Senate Journal Page 1990 After Recess Joint Session in the House Speaker Chenault called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Meyer, who called the Joint Session to order at 11:06 a.m. The purpose of the Joint Session was to hear an address by the Honorable Dan Sullivan, U.S. Senator. Senator Coghill moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Millett moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Meyer appointed Representative Neuman and Senator Micciche to escort Senator Sullivan to the Joint Session. The Senate Sergeant-at-Arms, Grace Ellsworth, announced the Honorable Dan Sullivan's entrance to the House Chamber. The Honorable Dan Sullivan was escorted to the rostrum and welcomed by President Meyer. U.S. Senator Sullivan delivered his address. This address appears in Senate and House Joint Journal Supplement No. 14. Following his address, there was a question and answer period. U.S. Senator Sullivan received a standing ovation and was escorted from the chamber by Senator Micciche and Representative Neuman. Senator Coghill moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Meyer adjourned the Joint Session at 12:00 p.m. 2016-02-29 Senate Journal Page 1991 After Recess In the Senate The Senate reconvened at 12:07 p.m. The presence of Senator Ellis was noted. Citations Honoring - Malia Acovak and Tiffany Lopez Senator(s) Micciche, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - The Tok Community Visitors Center Representative(s) Talerico Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - Nenana School Eighth Graders Verizon Innovative App Challenge Winners Representative(s) Talerico Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - Jessie Holmes Winner of the 2016 Yukon Quest 300 Representative(s) Talerico Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - Robert S. Grimm Representative(s) Talerico Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski 2016-02-29 Senate Journal Page 1992 Honoring - Abbe and Willie Hensley Representative(s) Josephson Senator(s) Gardner, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - June Rogers Representative(s) Kawasaki, Thompson Senator(s) Kelly, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - Linda Gilson Representative(s) Ortiz Senator(s) Stedman, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stevens, Stoltze, Wielechowski Senator Coghill moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Reconsideration of Senate Bills SB 72 Senator Gardner moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 72(L&C) be taken up. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 72(L&C) "An Act relating to the discharge of patients from hospitals and to caregivers of patients after discharge from a hospital; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2016-02-29 Senate Journal Page 1993 CSSB 72(L&C) Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stevens, Stoltze, Wielechowski Excused: Stedman and so, CS FOR SENATE BILL NO. 72(L&C) passed the Senate on reconsideration. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Senators Gardner, Stevens, Micciche, Bishop, Egan, MacKinnon, McGuire, Costello, Stoltze moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. SB 89 Senator Gardner requested that the reconsideration on CS FOR SENATE BILL NO. 89(RLS) am(efd add) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 89(RLS) am(efd add) "An Act relating to a parent's right to direct the education of a child; prohibiting a school district from contracting with an abortion services provider; prohibiting a school district from allowing an abortion services provider to furnish course materials or provide instruction concerning sexuality or sexually transmitted diseases; relating to physical examinations for teachers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2016-02-29 Senate Journal Page 1994 CSSB 89(RLS) am(efd add) Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Coghill, Costello, Dunleavy, Giessel, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stoltze Nays: Bishop, Egan, Ellis, Gardner, Hoffman, Stevens, Wielechowski Excused: Stedman and so, CS FOR SENATE BILL NO. 89(RLS) am(efd add) passed the Senate on reconsideration. Senator Coghill moved for the adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 89(RLS) am(efd add) Effective Date Clause YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stevens, Stoltze Nays: Ellis, Wielechowski Excused: Stedman and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 72 CS FOR SENATE BILL NO. 72(L&C) "An Act relating to the discharge of patients from hospitals and to caregivers of patients after 2016-02-29 Senate Journal Page 1995 discharge from a hospital; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 89 CS FOR SENATE BILL NO. 89(RLS) am(efd add) "An Act relating to a parent's right to direct the education of a child; prohibiting a school district from contracting with an abortion services provider; prohibiting a school district from allowing an abortion services provider to furnish course materials or provide instruction concerning sexuality or sexually transmitted diseases; relating to physical examinations for teachers; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 2, 2016. Without objection, the Senate adjourned at 12:35 p.m. Liz Clark Secretary of the Senate 2016-02-29 Senate Journal Page 1996 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 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 03 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Mar 01 Tuesday Butrovich 205 3:30 PM + HB 107 BD OF REGENTS REGIONAL RESIDENCY QUALIF. -- Public Testimony -- + SB 191 LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS + Bills Previously Heard/Scheduled Mar 03 Thursday Butrovich 205 3:30 PM += SB 84 LANG. IMMERSION SCHOOLS/TEACHER CERTS. -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Feb 29 Monday Senate Finance 532 9:30 AM += SB 74 MEDICAID REFORM/PFD/HSAS/ER USE/STUDIES + Bills Previously Heard/Scheduled 2016-02-29 Senate Journal Page 1997 FINANCE (continued) Mar 01 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 02 Wednesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 03 Thursday Senate Finance 532 9:00 AM += SB 74 MEDICAID REFORM/PFD/HSAS/ER USE/STUDIES + Bills Previously Heard/Scheduled Mar 04 Friday Senate Finance 532 8:30 AM += SB 74 MEDICAID REFORM/PFD/HSAS/ER USE/STUDIES + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 29 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 02 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 04 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 29 Monday Beltz 105 (tsbldg) 1:30 PM + SB 174 REG. OF FIREARMS/KNIVES BY UNIV. OF AK + Bills Previously Heard/Scheduled: -- Public Testimony -- += SJR 19 CALL FED. CONSTITUTIONAL CONV:TERM LIMITS += SB 24 LEGIS. ETHICS ACT: CONTRACTORS,INTERNS Mar 02 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 112 ADOPTION OF CHILD IN STATE CUSTODY + Bills Previously Heard/Scheduled -- Public Testimony -- 2016-02-29 Senate Journal Page 1998 JUDICIARY (continued) Mar 04 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 01 Tuesday Beltz 105 (tsbldg) 1:30 PM += SB 98 PRESCRIPTION WITHOUT PHYS. EXAM. + Bills Previously Heard/Scheduled -- Public Testimony -- Mar 03 Thursday Beltz 105 (tsbldg) 1:30 PM -- Please Note Time Change -- + Bills Previously Heard/Scheduled -- Public Testimony -- ---------------------------------------- RESOURCES Feb 29 Monday Butrovich 205 3:30 PM + SB 170 DNR FEES FOR GEOLOGICAL SERVICES -- Public Testimony -- += HB 137 HUNT/FISH/TRAP: FEES;LICENSES;EXEMPTIONS -- Public Testimony -- + Bills Previously Heard/Scheduled Mar 02 Wednesday Butrovich 205 3:30 PM + SB 125 LEGISLATIVE MEMBERS OF AGDC BOARD -- Public Testimony -- += HB 100 UREA/AMMONIA/GAS-LIQ FACILITY; TAX CREDIT -- Public Testimony -- + Bills Previously Heard/Scheduled Mar 04 Friday Butrovich 205 3:30 PM += SB 164 FISH & GAME: OFFENSES;LICENSES;PENALTIES -- Public Testimony -- += SB 172 FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- 2016-02-29 Senate Journal Page 1999 STATE AFFAIRS Mar 01 Tuesday Butrovich 205 8:30 AM + Confirmation on Governor's Appointees: -- Public Testimony on Appointees -- + Alaska Public Offices Commission Thomas Temple + Alaska State Personnel Board Dr. Keith Hamilton + State Commission for Human Rights Brandon Nakasato + SCR 20 SEXUAL ASSAULT AWARENESS MONTH:APRIL 2016 -- Public Testimony -- Presentation by Sponsor += SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS + Bills Previously Heard/Scheduled Mar 03 Thursday Butrovich 205 8:30 AM += SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS + Bills Previously Heard/Scheduled Mar 03 Thursday Butrovich 205 6:30 PM += SJR 1 CONST AM: GUARANTEE PERM FUND DIVIDEND -- Public Testimony -- Statewide Public Testimony Begins at 6:30 p.m. -- Public Testimony Limited to 2 Minutes -- Limited Number of Off-Net Phone Lines Available Public Testimony can be Submitted in Writing by Email: [email protected] or by Fax: 907-465-4928 + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 01 Tuesday Butrovich 205 1:00 PM -- Public Testimony on Appointees -- + Confirmation Hearings Board of Marine Pilots: Andrew Mack - Anchorage Tom Rueter - Anchorage 2016-02-29 Senate Journal Page 2000 TRANSPORTATION (continued) Mar 03 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 03 Thursday Butrovich 205 5:00 PM Department of Administration FY17 Operating Budget Closeout ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Mar 04 Friday Beltz 105 (tsbldg) 9:00 AM Budget Closeout Mar 10 Thursday Beltz 105 (tsbldg) 8:00 AM -- MEETING CANCELED -- Budget Closeout ---------------------------------------- CORRECTIONS Mar 01 Tuesday Beltz 105 (tsbldg) 5:00 PM Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 04 Friday Butrovich 205 8:00 AM + Department of Education and Early Development FY17 Operating Budget Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 04 Friday Senate Finance 532 1:00 PM + Closeout 2016-02-29 Senate Journal Page 2001 FISH & GAME Mar 02 Wednesday Beltz 105 (tsbldg) 12:30 PM Department of Fish and Game FY17 Operating Budget Closeout ---------------------------------------- GOVERNOR Mar 03 Thursday Senate Finance 532 3:30 PM Office of the Governor Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 04 Friday Butrovich 205 11:00 AM Department of Health & Social Services Budget Closeout ---------------------------------------- JUDICIARY SUBCOMMITTEE Mar 04 Friday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 02 Wednesday Beltz 105 (tsbldg) 8:00 AM Department of Labor & Workforce Development Budget Closeout ---------------------------------------- LAW Mar 01 Tuesday Senate Finance 532 8:00 AM + Department of Law FY17 Operating Budget Closeout ---------------------------------------- 2016-02-29 Senate Journal Page 2002 LEGISLATURE Mar 03 Thursday Senate Finance 532 3:45 PM Legislature Budget Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 04 Friday Beltz 105 (tsbldg) 8:00 AM Budget Closeout Mar 08 Tuesday Beltz 105 (tsbldg) 8:00 AM -- MEETING CANCELED -- Budget Closeout ---------------------------------------- NATURAL RESOURCES Mar 03 Thursday Beltz 105 (tsbldg) 8:00 AM Department of Natural Resources Budget Closeout ---------------------------------------- PUBLIC SAFETY Mar 04 Friday Beltz 105 (tsbldg) 8:30 AM Budget Closeout Mar 09 Wednesday Beltz 105 (tsbldg) 8:00 AM -- MEETING CANCELED -- Budget Closeout ---------------------------------------- REVENUE Mar 03 Thursday Senate Finance 532 8:00 AM + Department of Revenue FY17 Operating Budget Closeout ---------------------------------------- 2016-02-29 Senate Journal Page 2003 TRANSPORTATION & PUBLIC FACILITIES Mar 03 Thursday Fahrenkamp 203 11:00 AM Department of Transportation & Public Facilities Budget Closeout ---------------------------------------- UNIVERSITY OF ALASKA Feb 29 Monday Senate Finance 532 8:30 AM -- MEETING CANCELED -- Budget Closeout Mar 02 Wednesday Senate Finance 532 8:30 AM Budget Closeout ---------------------------------------- OTHER MEETINGS JOINT SESSION Feb 29 Monday House Chamber 11:00 AM + Annual Address by the Honorable Dan Sullivan, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETING Mar 10 Thursday Butrovich 205 12:00 PM Lunch and Learn: Tax and Fiscal Policy Task Force Presentation by the American Legislative Exchange Council Sponsored by Senator Dunleavy