Legislature(2015 - 2016)
2016-04-17 Senate Journal
Full Journal pdf2016-04-17 Senate Journal Page 2575 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Sunday April 17, 2016 Ninetieth Day Pursuant to adjournment the Senate was called to order by President Meyer at 2:41 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Micciche. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, God, I ask you today that through this prayer and hearts of those in this body who are here to serve our people, that we place our individual issues aside and heed to the greater needs of the people of our incredible state. Lord, I ask you to be with Senator Lesil McGuire as she transitions from this body of service, to serve elsewhere. We ask that you calm her heart that is heavy with loss, and enhance the joy in her life from all of the blessings you have bestowed upon her and her family. We thank you for the many years she has worked alongside us in both of these bodies. God, we also ask for your blessing and favor on Senator Bill Stoltze, a child of God and your servant. We thank you for placing him in our presence and for his many years of dedicated service in both of these bodies. We ask that you watch over him and his health through all of his future endeavors and keep his heart pure in his efforts. 2016-04-17 Senate Journal Page 2576 In these tough times, we want to thank you for the message of hope you shared through your word. Through him we have also obtained access by faith into this grace in which we stand, and we rejoice in hope of the glory of God. More than that, we rejoice in our sufferings, knowing that suffering produces endurance, and endurance produces character, and character produces hope, and hope does not put us to shame, because God's love has been poured into our hearts through the Holy Spirit who has been given to us. (Romans 5:2-5) Lord, we have much to do with limited time. We ask for your hand on each of us to guide us through these final hours of this session, and that those we serve and represent will recognize that their concerns have been heard and honored in the final result. For these things I pray in Jesus' name. Amen. Senator Coghill 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. Messages from the House SB 69 Message dated April 16 was read stating the House passed and returned: CS FOR SENATE BILL NO. 69(FIN) "An Act relating to the Board of Chiropractic Examiners and the practice of chiropractic." The bill was referred to the Secretary for enrollment. 2016-04-17 Senate Journal Page 2577 SB 123 Message dated April 17 was read stating the House passed and returned: CS FOR SENATE BILL NO. 123(JUD) "An Act relating to the bail forfeiture schedule and the penalty for the use of electronic devices while driving; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 170 Message dated April 16 was read stating the House passed and returned: CS FOR SENATE BILL NO. 170(RES) "An Act authorizing the Department of Natural Resources, division of geological and geophysical surveys, to collect fees for facilities, equipment, products, and services; relating to accounting for certain program receipts; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 180 Message dated April 17 was read stating the House passed and returned: CS FOR SENATE BILL NO. 180(JUD) "An Act relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; relating to nonprofit organizations that provide certain assistance to parents; relating to the distribution to a parent or guardian in a child protection situation of information on family support services; and providing for an effective date." The bill was referred to the Secretary for enrollment. 2016-04-17 Senate Journal Page 2578 HB 8 Message dated April 16 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 8(JUD) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 8(JUD) "An Act relating to powers of attorney and other substitute decision-making documents; relating to the uniform probate code; relating to notaries public; and providing for an effective date." HB 128 Message dated April 16 was read stating the House concurred in the Senate amendment to HOUSE BILL NO. 128, thus adopting: SENATE CS FOR HOUSE BILL NO. 128(STA) "An Act establishing August 10 of each year as Alaska Wild Salmon Day." HJR 14 Message dated April 16 was read stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 14(STA), thus adopting: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) Making application to the United States Congress to call a convention of the states to propose a countermand amendment to the Constitution of the United States as provided under art. V, Constitution of the United States; and urging the legislatures of the other 49 states to make the same application. Messages dated April 16 were read stating the House passed and transmitted for consideration: 2016-04-17 Senate Journal Page 2579 First Reading and Reference of House Resolutions HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 BY THE HOUSE STATE AFFAIRS COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 9, repealing the authority to include certain material from a political party in the election pamphlet. was read the first time and held on the Secretary's desk. HCR 33 HOUSE CONCURRENT RESOLUTION NO. 33 BY THE HOUSE LABOR AND COMMERCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 158, relating to real estate broker licensure; and relating to the real estate commission. was read the first time and held on the Secretary's desk. Concur Messages SB 9 Message dated April 16 was read stating the House passed and returned for consideration SENATE BILL NO. 9 "An Act repealing the authority to include certain material from a political party in the election pamphlet" with the following amendments: HOUSE CS FOR SENATE BILL NO. 9(STA) am H "An Act relating to the matching of identifying information a voter provides to the division of elections with the records of the Department of 2016-04-17 Senate Journal Page 2580 Administration and the Department of Revenue; relating to the release of certain confidential voter registration records; and relating to the material a political party may include in the general election pamphlet; and providing for an effective date." (Title Change HCR 19) Senator Coghill moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS SB 9(STA) am H Shall the Senate Concur in the House Amendments to SB 9? Effective Date 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 amendments, thus adopting HOUSE CS FOR SENATE BILL NO. 9(STA) am H HOUSE CS FOR SENATE BILL NO. 9(STA) am H An Act relating to the matching of identifying information a voter provides to the division of elections with the records of the Department of Administration and the Department of Revenue; relating to the release of certain confidential voter registration records; and relating to the material a political party may include in the general election pamphlet; 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 clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2016-04-17 Senate Journal Page 2581 HCR 19 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 19, which had been held on the Secretary's desk (page 2579). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 9, repealing the authority to include certain material from a political party in the election pamphlet, pass the Senate?" The roll was taken with the following result: HCR 19 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. 19 passed the Senate, was signed by the President and Secretary and returned to the House. SB 126 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 126(L&C) "An Act establishing an exemption for the offering and sale of certain securities" with the following amendment: CS FOR SENATE BILL NO. 126(L&C) am H 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: 2016-04-17 Senate Journal Page 2582 CSSB 126(L&C) am H Shall the Senate Concur in the House Amendment to CSSB 126(L&C)? 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 CS FOR SENATE BILL NO. 126(L&C) am H "An Act establishing an exemption for the offering and sale of certain securities." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 158 Message dated April 16 was read stating the House passed and returned for consideration SENATE BILL NO. 158 "An Act relating to real estate broker licensure; relating to the real estate commission; and providing for an effective date" with the following amendments: HOUSE CS FOR SENATE BILL NO. 158(L&C) am H "An Act relating to real estate broker licensure; relating to the Real Estate Commission; relating to errors and omissions insurance for real estate licensees; and providing for an effective date." Senator Coghill moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2583 HCS SB 158(L&C) am H Shall the Senate Concur in the House Amendments to SB 158? Effective Dates 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 amendments, thus adopting HOUSE CS FOR SENATE BILL NO. 158(L&C) am H "An Act relating to real estate broker licensure; relating to the Real Estate Commission; relating to errors and omissions insurance for real estate licensees; 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. HCR 33 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 33, which had been held on the Secretary's desk (page 2579). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 158, relating to real estate broker licensure; and relating to the real estate commission, pass the Senate?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2584 HCR 33 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. 33 passed the Senate, was signed by the President and Secretary and returned to the House. SCR 1 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE CONCURRENT RESOLUTION NO. 1(EDC) Relating to a legislative task force on civics education, with the following amendment: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 1(EDC) 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 CSSCR 1(EDC) Shall the Senate Concur in the House Amendment to CSSCR 1(EDC)? 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 CONCURRENT RESOLUTION NO. 1(EDC) Relating to a legislative task force on civics education. 2016-04-17 Senate Journal Page 2585 The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. SB 74 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN) am H "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed audiologist, speech- language pathologist, professional counselor, marriage and family therapist, psychologist, psychological associate, social worker, physical therapist, occupational therapist, and registered speech- language pathologist assistant by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Board of Dental Examiners; relating to the duties of the Board of Nursing; relating to the duties of the Board of Examiners in Optometry; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to the duties of the Department of Corrections; relating to accounting for program receipts; relating to public record status of records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess civil penalties for violations of medical assistance program requirements; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; relating to a report by the Board of Pharmacy, Board of Examiners in Optometry, Board of Dental 2016-04-17 Senate Journal Page 2586 Examiners, Board of Nursing, and State Medical Board; amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of Civil Procedure; and providing for an effective date" which had been held on the Secretary's desk (page 2552). Without objection, it was so ordered. Senator Coghill moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 74(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 74(FIN) am? Court Rules Effective Dates 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 amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN) am H "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed audiologist, speech-language pathologist, professional counselor, marriage and family therapist, psychologist, psychological associate, social worker, physical therapist, occupational therapist, and registered speech-language pathologist assistant by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Board of Dental Examiners; relating to the duties of the Board of Nursing; relating to the duties of the Board of Examiners in Optometry; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to the duties of the Department of Corrections; relating to accounting for program receipts; relating to public record status of 2016-04-17 Senate Journal Page 2587 records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess civil penalties for violations of medical assistance program requirements; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; relating to a report by the Board of Pharmacy, Board of Examiners in Optometry, Board of Dental Examiners, Board of Nursing, and State Medical Board; amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of Civil Procedure; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the Court Rule changes. Without objection, it was so ordered. 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. HCR 30 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 30, which had been held on the Secretary's desk (page 2549). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 74, 2016-04-17 Senate Journal Page 2588 relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed professional counselor, marriage and family therapist, psychologist, psychological associate, and social worker by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to accounting for program receipts; relating to public record status of records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to competitive bidding for medical assistance products and services; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess civil penalties for violations of medical assistance program requirements; relating to seizure and forfeiture of property for medical assistance fraud; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; and amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, 82, and 89, Alaska Rules of Civil Procedure, and Rule 37, Alaska Rules of Criminal Procedure, pass the Senate?" The roll was taken with the following result: HCR 30 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 2016-04-17 Senate Journal Page 2589 and so, HOUSE CONCURRENT RESOLUTION NO. 30 passed the Senate, was signed by the President and Secretary and returned to the House. Standing Committee Reports SB 55 The Finance Committee considered SENATE BILL NO. 55 "An Act relating to the practice of optometry" and recommended it be replaced with CS FOR SENATE BILL NO. 55(FIN) Signing do pass: Senators Kelly, MacKinnon, Cochairs; Senators Olson, Hoffman. Signing no recommendation: Senators Micciche, Bishop, Dunleavy. The following fiscal information was published today: Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 41 The Finance Committee considered CS FOR HOUSE BILL NO. 41(FIN) am "An Act relating to sport fishing services, sport fishing operators, and sport fishing guides; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to sport fishing services, salt water sport fishing operators, and salt water sport fishing guides; and providing for an effective date." (Title Change SCR 30) Signing do pass: Senators Kelly, MacKinnon, Cochairs. Signing no recommendation: Senators Micciche, Bishop, Dunleavy, Olson, Hoffman. 2016-04-17 Senate Journal Page 2590 The following fiscal information was published today: Fiscal Note No. 4, Department of Fish and Game The bill was referred to the Rules Committee. HB 118 The Finance Committee considered CS FOR HOUSE BILL NO. 118(FIN) "An Act adopting the Municipal Property Assessed Clean Energy Act; authorizing municipalities to establish programs to impose assessments for energy improvements in regions designated by municipalities; imposing fees; and providing for an effective date." Signing do pass: Senators Kelly, MacKinnon, Cochairs; Senators Micciche, Bishop, Hoffman. Signing no recommendation: Senators Dunleavy, Olson. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 143 The Finance Committee considered CS FOR HOUSE BILL NO. 143(FIN) "An Act authorizing the Alaska Industrial Development and Export Authority to issue bonds to finance the infrastructure and construction costs of the Sweetheart Lake hydroelectric project." Signing do pass: Senator MacKinnon, Cochair; Senators Micciche, Bishop, Olson, Hoffman. Signing no recommendation: Senator Kelly, Cochair. Signing amend: Senator Dunleavy. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 259 The Finance Committee considered HOUSE BILL NO. 259 "An Act relating to relocation assistance for federally assisted projects and programs; and providing for an effective date." Signing do pass: 2016-04-17 Senate Journal Page 2591 Senator MacKinnon, Cochair; Senators Micciche, Bishop, Hoffman. Signing no recommendation: Senator Kelly, Cochair; Senators Dunleavy, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. HB 268 The Finance Committee considered HOUSE BILL NO. 268 "An Act relating to the dividends from the Alaska Industrial Development and Export Authority; relating to the meaning of 'mark-to-market fair value,' 'net income,' 'project or development,' and 'unrestricted net income' for purposes of the Alaska Industrial Development and Export Authority; and providing for an effective date." Signing do pass: Senator Kelly, Cochair; Senators Bishop, Hoffman. Signing no recommendation: Senator MacKinnon, Cochair; Senators Dunleavy, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, indeterminate, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 289 The Finance Committee considered HOUSE BILL NO. 289 "An Act relating to the membership of the Board of Barbers and Hairdressers" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 289(FIN) "An Act relating to the membership of the Board of Barbers and Hairdressers; and relating to the practice of optometry." (Title Change SCR 27) Signing no recommendation: Senators Kelly, MacKinnon, Cochairs; Senators Micciche, Bishop, Dunleavy, Hoffman. Signing do pass: Senator Olson. 2016-04-17 Senate Journal Page 2592 The following fiscal information was published today: Fiscal Note No. 2, zero, Senate Finance Committee The bill was referred to the Rules Committee. HB 290 The Finance Committee considered HOUSE BILL NO. 290 "An Act extending the termination date of the Real Estate Commission; and providing for an effective date." Signing do pass: Senators Kelly, MacKinnon, Cochairs. Signing do not pass: Senator Dunleavy. Signing no recommendation: Senators Bishop, Olson, Hoffman. The following previously published fiscal information applies: Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 314 The Finance Committee considered HOUSE BILL NO. 314 "An Act relating to the Alaska regional economic assistance program; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 314(FIN) Signing do pass: Senator MacKinnon, Cochair; Senators Micciche, Bishop. Signing no recommendation: Senator Kelly, Cochair; Senators Dunleavy, Olson, Hoffman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. 2016-04-17 Senate Journal Page 2593 HB 373 The Finance Committee considered HOUSE BILL NO. 373 "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date." Signing do pass: Senators Kelly, MacKinnon, Cochairs; Senators Micciche, Bishop, Dunleavy. Signing no recommendation: Senator Olson. The following fiscal information was published today: Fiscal Note No. 2, Department of Natural Resources The bill was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 27 SENATE CONCURRENT RESOLUTION NO. 27 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. 289, relating to the membership of the Board of Barbers and Hairdressers. was read the first time and held on the Secretary's desk. Consideration of the Calendar President Meyer stated in accordance with Rule 30(c), Alaska State Legislature Uniform Rules, reconsideration is not available on legislation considered today. President Meyer stated in accordance with Rule 43(b), Alaska State Legislature Uniform Rules, engrossment may be waived on all bills transmitted to the House this legislative day. 2016-04-17 Senate Journal Page 2594 Second Reading of House Bills HB 100 CS FOR HOUSE BILL NO. 100(FIN) "An Act establishing a credit against the net income tax for an in-state processing facility that manufactures urea, ammonia, or gas-to-liquid products; relating to establishing the value of the state's royalty share of gas production based on contracts with certain in-state processing facilities that manufacture urea, ammonia, or gas-to-liquid products; and providing for an effective date" was read the second time. Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2555. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) was adopted. Senator Bishop offered Amendment No. 1 : Page 2, line 23: Delete the second occurrence of "the" Page 2, line 24: Delete "and maintenance of" Insert "maintenance" Page 2, line 25: Delete "for, a natural gas pipeline project" Page 3, line 26: Delete "a natural gas pipeline project" Insert "the in-state processing facility" Senator Bishop moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Wielechowski offered Amendment No. 2 : 2016-04-17 Senate Journal Page 2595 Page 1, line 1, following "Act": Insert "providing an optional exemption from municipal property taxation for certain in-state processing facilities that manufacture urea, ammonia, or gas-to-liquid products;" Page 1, following line 6: Insert a new bill section to read: "* Section 1. AS 29.45.050 is amended by adding a new subsection to read: (x) A municipality may by ordinance approved by the voters exempt or partially exempt from taxation an in-state processing facility whose primary function is the manufacturing and sale of urea, ammonia, or gas-to-liquid products to third parties in arm's length transactions. An exemption under this subsection may be of limited or unlimited duration." Page 1, line 7: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 3, line 4, following "manufacturing": Insert " from natural gas from a state lease" Page 3, lines 7 - 9: Delete "the percentage of the amount of royalty paid under AS 38.05.135 on natural gas from a state lease that is delivered in the taxable year of the taxpayer for use at the in-state processing facility equal to" Insert "the lesser of 50 percent of the tax due from the taxpayer in the taxable year or $2,000,000. A credit under this section may be apportioned based on" Page 3, lines 11 - 12: Delete "A tax credit or portion of a tax credit under this section may not be used to reduce the taxpayer's tax liability under this chapter below zero." 2016-04-17 Senate Journal Page 2596 Page 4, line 6: Delete "sec. 2" Insert "sec. 3" Page 4, line 11: Delete "Sections 1, 2, and 4" Insert "Sections 1 - 3 and 5" Page 4, line 12: Delete "Section 3" Insert "Section 4" Senator Wielechowski moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 100(FIN) am S Second Reading Amendment No. 2? YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Dunleavy, Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 2 failed. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act establishing a credit against the net income tax for an in-state processing facility that manufactures urea, 2016-04-17 Senate Journal Page 2597 ammonia, or gas-to-liquid products; relating to establishing the value of the state's royalty share of gas production based on contracts with certain in-state processing facilities that manufacture urea, ammonia, or gas-to-liquid products; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 100(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stevens, Stoltze Nays: Egan, Ellis, Gardner, Olson, Stedman, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 147 CS FOR HOUSE BILL NO. 147(JUD) "An Act relating to cruelty to animals; relating to the seizure of animals; relating to the destruction of animals; relating to the costs of care of animals that have been seized; relating to the inclusion of animals in protective orders and crimes and arrests for violating those protective orders; and relating to the ownership of animals upon divorce or dissolution of marriage" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 147(JUD) was read the third time. 2016-04-17 Senate Journal Page 2598 The question being: "Shall CS FOR HOUSE BILL NO. 147(JUD) "An Act relating to cruelty to animals; relating to the seizure of animals; relating to the destruction of animals; relating to the costs of care of animals that have been seized; relating to the inclusion of animals in protective orders and crimes and arrests for violating those protective orders; and relating to the ownership of animals upon divorce or dissolution of marriage" pass the Senate?" The roll was taken with the following result: CSHB 147(JUD) Third Reading - 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, CS FOR HOUSE BILL NO. 147(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HB 156 CS FOR HOUSE BILL NO. 156(EDC) am "An Act relating to the duties of the State Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; relating to a statewide assessment plan and review of education laws and regulations; and providing for an effective date" was read the second time. Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2559. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) "An Act relating to a parent's right to direct the education of a child; relating to the duties of the state Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; 2016-04-17 Senate Journal Page 2599 relating to a statewide assessment plan and review of education laws and regulations; repealing the minimum expenditure for instruction for school districts; relating to sex education, human reproduction education, and human sexuality education; relating to suicide awareness and prevention training; relating to contracts for student assessments; relating to questionnaires and surveys administered in public schools; relating to physical examinations for teachers; and providing for an effective date" was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) "An Act relating to a parent's right to direct the education of a child; relating to the duties of the state Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; relating to a statewide assessment plan and review of education laws and regulations; repealing the minimum expenditure for instruction for school districts; relating to sex education, human reproduction education, and human sexuality education; relating to suicide awareness and prevention training; relating to contracts for student assessments; relating to questionnaires and surveys administered in public schools; relating to physical examinations for teachers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 156(FIN) Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 2016-04-17 Senate Journal Page 2600 Yeas: Bishop, Coghill, Costello, Dunleavy, Giessel, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze Nays: Egan, Ellis, Gardner, Hoffman, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SCR 25 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 25, which had been held on the Secretary's desk (page 2533). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 25 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 156, relating to the duties of the State Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; and relating to a statewide assessment plan and review of education laws and regulations, pass the Senate?" The roll was taken with the following result: SCR 25 Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze Nays: Egan, Ellis, Gardner, Wielechowski 2016-04-17 Senate Journal Page 2601 and so, SENATE CONCURRENT RESOLUTION NO. 25 passed the Senate and was referred to the Secretary for engrossment. HB 209 CS FOR HOUSE BILL NO. 209(FIN) "An Act relating to an Alaska Water and Sewer Advisory Committee; and providing for an effective date" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 209(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 209(FIN) "An Act relating to an Alaska Water and Sewer Advisory Committee; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 209(FIN) Third Reading - Final Passage Effective Date 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, CS FOR HOUSE BILL NO. 209(FIN) 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 and the bill was signed by the President and Secretary and returned to the House. HB 216 CS FOR HOUSE BILL NO. 216(RES) "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act" was read the second time. 2016-04-17 Senate Journal Page 2602 Senator Giessel, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 2531. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act" was read the third time. Senators Giessel, MacKinnon, Coghill, Micciche, Bishop, Stedman, McGuire, Costello, Stoltze, Dunleavy, Kelly, Huggins, Meyer moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act" pass the Senate?" The roll was taken with the following result: SCS CSHB 216(RES) Third Reading - 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, SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) passed the Senate and was referred to the Secretary for engrossment. 2016-04-17 Senate Journal Page 2603 HB 231 CS FOR HOUSE BILL NO. 231(FIN) "An Act extending the termination date of the Board of Parole; and providing for an effective date" was read the second time. Senator Stoltze, Chair, moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 2354. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 231(STA) was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 231(STA) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 231(STA) "An Act extending the termination date of the Board of Parole; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 231(STA) Third Reading - Final Passage Effective Date 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, SENATE CS FOR CS FOR HOUSE BILL NO. 231(STA) 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 and the bill was referred to the Secretary for engrossment. 2016-04-17 Senate Journal Page 2604 HB 254 HOUSE BILL NO. 254 "An Act extending the termination date of the Big Game Commercial Services Board; and providing for an effective date" was read the second time. Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2561. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR HOUSE BILL NO. 254(FIN) "An Act extending the termination date of the Big Game Commercial Services Board; relating to the Big Game Commercial Services Board; and providing for an effective date" was adopted. 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. Senator Coghill moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 254(FIN) be moved to the bottom of today's calendar. Without objection, it was so ordered. HB 305 CS FOR HOUSE BILL NO. 305(EDC) "An Act relating to an exemption from the regulation of postsecondary educational institutions" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 305(EDC) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 305(EDC) "An Act relating to an exemption from the regulation of postsecondary educational institutions" pass the Senate?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2605 CSHB 305(EDC) Third Reading - 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, CS FOR HOUSE BILL NO. 305(EDC) passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Kaitlyn O'Bryan Winner of the 2016 Interior Alaska Spelling Bee Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Representative(s) Talerico Honoring - Sue Hull Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski Honoring - Catholic Social Services of Anchorage 50 Year Anniversary Representative(s) Tuck Senator(s) McGuire, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Micciche, Olson, Stedman, Stevens, Wielechowski Honoring - Bethel Schools Archery Teams 2016 State Champions Representative(s) Herron Senator(s) Hoffman, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski 2016-04-17 Senate Journal Page 2606 Honoring - Challenge Alaska Avalanche Sled Hockey Team 2016 American C Division National Champions Representative(s) Millett Senator(s) Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Honoring - 2016 Model Arctic Council Representative(s) Wool Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski Honoring - The House Floor Staff Representative(s) Johnson Senator(s) Meyer, McGuire, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski In Memoriam - Donald Joseph Stickman Senator(s) Olson, Meyer, Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Stedman, 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. Senator Coghill moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Senator Bill Stoltze Representative(s) Tilton, Hughes, Neuman, Keller, Gattis, Colver Senator(s) Huggins, Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski 2016-04-17 Senate Journal Page 2607 Senator Coghill 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 MacKinnon moved and asked unanimous consent to be excused from a call of the Senate from 12:00 p.m., April 18 through 4:00 p.m., April 18; and from December 10, 2016 through January 10, 2017. Without objection, Senator MacKinnon was excused. HB 100 Senator Micciche moved and asked unanimous consent to be shown as a cross sponsor on SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act establishing a credit against the net income tax for an in-state processing facility that manufactures urea, ammonia, or gas-to-liquid products; relating to establishing the value of the state's royalty share of gas production based on contracts with certain in-state processing facilities that manufacture urea, ammonia, or gas-to-liquid products; and providing for an effective date." Without objection, it was so ordered. HB 156 Senators Dunleavy, Micciche moved and asked unanimous consent to be shown as cross sponsors on SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) "An Act relating to a parent's right to direct the education of a child; relating to the duties of the state Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; relating to a statewide assessment plan and review of education laws and regulations; repealing the minimum expenditure for instruction for school districts; relating to sex education, human reproduction education, and human sexuality education; relating to suicide awareness and prevention training; relating to contracts for student assessments; relating to questionnaires and surveys administered in public schools; relating to physical examinations for teachers; and providing for an effective date." Without objection, it was so ordered. 2016-04-17 Senate Journal Page 2608 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 6:17 p.m. After Recess The Senate reconvened at 9:59 p.m. Senator Coghill moved and asked unanimous consent to return to Messages from the House. Without objection, the Senate returned to: Messages from the House Concur Messages SB 24 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 24(JUD) "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities" with the following amendment: CS FOR SENATE BILL NO. 24(JUD) am H "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities; and excluding contractors and persons who work for contractors from participating in certain benefit plans provided by the state, certain political subdivisions, or certain public organizations based on performing fee-based or contract services." (Title Change HCR 34) The concur message was held on the Secretary's desk. 2016-04-17 Senate Journal Page 2609 SB 121 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 121(JUD) "An Act relating to a security freeze on the consumer credit report of a minor, incapacitated person, or protected person" with the following amendment: CS FOR SENATE BILL NO. 121(JUD) am H The concur message was held on the Secretary's desk. SB 210 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 210(FIN) am "An Act relating to the community revenue sharing program; and changing the name of the community revenue sharing program to the community assistance program" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) "An Act relating to the community revenue sharing program; changing the name of the community revenue sharing program to the community assistance program; and providing for an effective date." (technical title change) The concur message was held on the Secretary's desk. Standing Committee Reports HB 308 The Judiciary Committee considered HOUSE BILL NO. 308 am "An Act relating to the limitation of liability for the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat; and relating to child safety devices in motor vehicles." Signing do pass: Senator McGuire, Chair; Senators Coghill, Costello, Wielechowski. 2016-04-17 Senate Journal Page 2610 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law The bill is on today's first supplemental calendar. HB 372 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 372(L&C) am "An Act relating to insurance; relating to the annual report by the director of insurance; relating to expenses for insurance examinations; relating to regulations for insurance utilization review, benefits determination, health care insurance grievance resolution procedures, independent review of adverse determinations or final adverse determinations, independent review organizations, and continuing education providers; relating to required provisions for health care insurance contracts and policies, including health care provider choice; establishing civil penalties for insurers for failure to provide requested records; amending the definition of 'wet marine and transportation' insurance; amending provisions on limited licenses to include crop insurance; relating to third-party administrator notification requirements; relating to certification filing by reinsurance intermediary brokers; relating to rate filings, delivery of insurance policies or endorsements; relating to refunds of variable life insurance policies and variable annuities; establishing limitations on issuance of long-term care insurance; relating to requirements for group health insurance policies; amending the definition of 'group health insurance'; relating to motor vehicle service contracts; relating to notice requirements for meetings of stockholders or members of a domestic insurer; establishing a definition of 'bona fide association'; relating to requirements and penalties for committing a fraudulent or criminal insurance act; updating criteria for examinations; relating to rate filing deviations; establishing civil penalties for certain wilful violations; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 372(L&C) Signing do pass: Senator Costello, Chair; Senators Stevens, Meyer. Signing amend: Senator Giessel. 2016-04-17 Senate Journal Page 2611 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill is on today's first supplemental calendar. HJR 28 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 28(FSH) Opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; urging the United States Congress to enact legislation that requires prominently labeling genetically engineered products with the words "Genetically Modified" on the product's packaging; and supporting the efforts of the state's congressional delegation to delay the confirmation of the new commissioner of the United States Food and Drug Administration until the United States Food and Drug Administration agrees to require labeling for genetically engineered salmon, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) Opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; urging the United States Congress to enact legislation that requires prominently labeling genetically engineered products with the words "Genetically Modified" on the product's packaging; and urging the United States Congress and the United States Food and Drug Administration to classify the state as Tier IV for purposes of administering and funding consideration under the Food Safety Modernization Act. (Title Change SCR 28) Signing do pass: Senator Giessel, Chair; Senators Costello, Wielechowski, Coghill, Stedman, Stoltze. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. 2016-04-17 Senate Journal Page 2612 Introduction and Reference of Senate Resolutions SCR 28 SENATE CONCURRENT RESOLUTION NO. 28 BY THE SENATE RESOURCES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 28, opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; urging the United States Congress to enact legislation that requires prominently labeling genetically engineered products with the words "Genetically Modified" on the product's packaging; and supporting the efforts of the state's congressional delegation to delay the confirmation of the new commissioner of the United States Food and Drug Administration until the United States Food and Drug Administration agrees to require labeling for genetically engineered salmon. was read the first time and held on the Secretary's desk. SCR 29 SENATE CONCURRENT RESOLUTION NO. 29 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. 254, extending the termination date of the Big Game Commercial Services Board. was read the first time and held on the Secretary's desk. SCR 30 SENATE CONCURRENT RESOLUTION NO. 30 BY THE SENATE FINANCE COMMITTEE, 2016-04-17 Senate Journal Page 2613 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 41, relating to sport fishing services, sport fishing operators, and sport fishing guides. was read the first time and held on the Secretary's desk. SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 BY THE SENATE JUDICIARY COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 254, extending the termination date of the Big Game Commercial Services Board. was read the first time and held on the Secretary's desk. Senator Coghill moved and asked unanimous consent that the first supplemental calendar be adopted. Without objection, the first supplemental calendar was adopted. Consideration of the First Supplemental Calendar Second Reading of House Bills HB 41 CS FOR HOUSE BILL NO. 41(FIN) am "An Act relating to sport fishing services, sport fishing operators, and sport fishing guides; and providing for an effective date" was read the second time. Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2589. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to sport fishing services, salt water sport fishing operators, and salt water sport fishing guides; and providing for an effective date" was adopted. 2016-04-17 Senate Journal Page 2614 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. SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to sport fishing services, salt water sport fishing operators, and salt water sport fishing guides; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 41(FIN) Third Reading - Final Passage Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens Nays: Dunleavy, McGuire, Stoltze, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SCR 30 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 30, which had been held on the Secretary's desk (page 2612). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 41, relating to sport fishing services, sport fishing operators, and sport fishing guides, pass the Senate?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2615 SCR 30 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, SENATE CONCURRENT RESOLUTION NO. 30 passed the Senate and was referred to the Secretary for engrossment. HB 125 HOUSE BILL NO. 125 "An Act relating to the sale of products containing dextromethorphan; relating to the regulation of dextromethorphan by municipalities; and providing for an effective date" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 125 was read the third time. The question being: "Shall HOUSE BILL NO. 125 "An Act relating to the sale of products containing dextromethorphan; relating to the regulation of dextromethorphan by municipalities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 125 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Nays: Dunleavy, Kelly and so, HOUSE BILL NO. 125 passed the Senate. 2016-04-17 Senate Journal Page 2616 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 signed by the President and Secretary and returned to the House. HB 126 CS FOR HOUSE BILL NO. 126(JUD) am "An Act relating to the administration of military justice; relating to the adoption of regulations by the adjutant general; relating to the authority of the adjutant general; relating to appeals of convictions and sentences of courts-martial; establishing the Military Appeals Commission; relating to the detention and incarceration of members of the militia; relating to the jurisdiction of the supreme court over petitions from the Military Appeals Commission; relating to involuntary commitment for evaluation or treatment of a mental disease or defect before court- martial proceedings; relating to offenses subject to court-martial proceedings; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date" was read the second time. Senator McGuire, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2556. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 126(JUD) was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 126(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 126(JUD) "An Act relating to the administration of military justice; relating to the adoption of regulations by the adjutant general; relating to the authority of the adjutant general; relating to appeals of convictions and sentences of courts-martial; establishing the Military Appeals Commission; relating to the detention and incarceration of members of the militia; relating to the jurisdiction of the supreme court over petitions from the Military Appeals Commission; relating to 2016-04-17 Senate Journal Page 2617 involuntary commitment for evaluation or treatment of a mental disease or defect before court-martial proceedings; relating to offenses subject to court-martial proceedings; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 126(JUD) Third Reading - Final Passage Court Rule Effective Date 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, SENATE CS FOR CS FOR HOUSE BILL NO. 126(JUD) 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 Court Rule change. Without objection, it was so ordered. 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. HB 143 CS FOR HOUSE BILL NO. 143(FIN) "An Act authorizing the Alaska Industrial Development and Export Authority to issue bonds to finance the infrastructure and construction costs of the Sweetheart Lake hydroelectric project" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 143(FIN) was read the third time. 2016-04-17 Senate Journal Page 2618 The question being: "Shall CS FOR HOUSE BILL NO. 143(FIN) "An Act authorizing the Alaska Industrial Development and Export Authority to issue bonds to finance the infrastructure and construction costs of the Sweetheart Lake hydroelectric project" pass the Senate?" The roll was taken with the following result: CSHB 143(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Dunleavy, Stoltze and so, CS FOR HOUSE BILL NO. 143(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HB 234 CS FOR HOUSE BILL NO. 234(L&C) "An Act relating to insurance coverage for mental health benefits provided through telemedicine" was read the second time. Senator Costello, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 2560. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relating to insurance coverage for mental health benefits provided through telehealth" was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) was read the third time. 2016-04-17 Senate Journal Page 2619 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relating to insurance coverage for mental health benefits provided through telehealth" pass the Senate?" The roll was taken with the following result: SCS CSHB 234(L&C) Third Reading - 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, SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) passed the Senate and was referred to the Secretary for engrossment. SCR 26 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 26, which had been held on the Secretary's desk (page 2563). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 26 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 234, relating to insurance coverage for mental health benefits provided through telemedicine, pass the Senate?" The roll was taken with the following result: SCR 26 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, SENATE CONCURRENT RESOLUTION NO. 26 passed the Senate and was referred to the Secretary for engrossment. 2016-04-17 Senate Journal Page 2620 HB 274 CS FOR HOUSE BILL NO. 274(RES) "An Act relating to extensions of certain state land leases; relating to the exchange of state land; and relating to the definition of 'state land'" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 274(RES) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 274(RES) "An Act relating to extensions of certain state land leases; relating to the exchange of state land; and relating to the definition of 'state land'" pass the Senate?" The roll was taken with the following result: CSHB 274(RES) Third Reading - 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, CS FOR HOUSE BILL NO. 274(RES) passed the Senate, was signed by the President and Secretary and returned to the House. HB 289 HOUSE BILL NO. 289 "An Act relating to the membership of the Board of Barbers and Hairdressers" was read the second time. Senator Coghill moved and asked unanimous consent that HOUSE BILL NO. 289 be moved to the bottom of today's calendar. Without objection, it was so ordered. HB 290 HOUSE BILL NO. 290 "An Act extending the termination date of the Real Estate Commission; and providing for an effective date" was read the second time. 2016-04-17 Senate Journal Page 2621 Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 290 was read the third time. The question being: "Shall HOUSE BILL NO. 290 "An Act extending the termination date of the Real Estate Commission; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 290 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Nays: Dunleavy and so, HOUSE BILL NO. 290 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 and the bill was signed by the President and Secretary and returned to the House. HB 308 HOUSE BILL NO. 308 am "An Act relating to the limitation of liability for the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat; and relating to child safety devices in motor vehicles" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 308 am was read the third time. 2016-04-17 Senate Journal Page 2622 Senators Costello, McGuire moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall HOUSE BILL NO. 308 am "An Act relating to the limitation of liability for the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat; and relating to child safety devices in motor vehicles" pass the Senate?" The roll was taken with the following result: HB 308 am Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Nays: Dunleavy and so, HOUSE BILL NO. 308 am passed the Senate, was signed by the President and Secretary and returned to the House. HB 314 HOUSE BILL NO. 314 "An Act relating to the Alaska regional economic assistance program; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" was read the second time. Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2592. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR HOUSE BILL NO. 314(FIN) was adopted. 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. SENATE CS FOR HOUSE BILL NO. 314(FIN) was read the third time. 2016-04-17 Senate Journal Page 2623 The question being: "Shall SENATE CS FOR HOUSE BILL NO. 314(FIN) "An Act relating to the Alaska regional economic assistance program; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 314(FIN) Third Reading - Final Passage Effective Date 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, SENATE CS FOR HOUSE BILL NO. 314(FIN) 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 and the bill was referred to the Secretary for engrossment. HB 372 CS FOR HOUSE BILL NO. 372(L&C) am "An Act relating to insurance; relating to the annual report by the director of insurance; relating to expenses for insurance examinations; relating to regulations for insurance utilization review, benefits determination, health care insurance grievance resolution procedures, independent review of adverse determinations or final adverse determinations, independent review organizations, and continuing education providers; relating to required provisions for health care insurance contracts and policies, including health care provider choice; establishing civil penalties for insurers for failure to provide requested records; amending the definition of 'wet marine and transportation' insurance; amending provisions on limited licenses to include crop insurance; relating to third-party administrator notification requirements; relating to certification filing by reinsurance intermediary brokers; relating to rate filings, delivery of insurance policies or endorsements; relating to refunds of variable life insurance policies and variable annuities; 2016-04-17 Senate Journal Page 2624 establishing limitations on issuance of long-term care insurance; relating to requirements for group health insurance policies; amending the definition of 'group health insurance'; relating to motor vehicle service contracts; relating to notice requirements for meetings of stockholders or members of a domestic insurer; establishing a definition of 'bona fide association'; relating to requirements and penalties for committing a fraudulent or criminal insurance act; updating criteria for examinations; relating to rate filing deviations; establishing civil penalties for certain wilful violations; 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 Senate Committee Substitute offered on page 2610. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 372(L&C) was adopted. Senator Giessel offered Amendment No. 1 : Page 20, following line 20: Insert a new bill section to read: "* Sec. 31. AS 21.36.125(c) is amended to read: (c) The director of insurance shall adopt regulations to implement, define, and enforce this section, except that the director may not adopt a regulation that sets the final payment of a covered service." Renumber the following bill sections accordingly. Page 37, following line 1: Insert a new bill section to read: "* Sec. 70. 3 AAC 26.110(a)(2)(B) and (5)(A) are annulled." Renumber the following bill sections accordingly. Page 37, line 13: Delete "Section 69" Insert "Section 71" 2016-04-17 Senate Journal Page 2625 Page 37, line 14: Delete "Section 67" Insert "Section 68" Page 37, line 15: Delete "sec. 68" Insert "sec. 69" Page 37, line 17: Delete "Section 65" Insert "Section 66" Senator Giessel moved for the adoption of Amendment No. 1. Objections were heard. Senator Giessel moved and asked unanimous consent to withdraw Amendment No. 1. Without objection, Amendment No. 1 was withdrawn. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 372(L&C) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 372(L&C) "An Act relating to insurance; relating to the annual report by the director of insurance; relating to expenses for insurance examinations; relating to regulations for insurance utilization review, benefits determination, health care insurance grievance resolution procedures, independent review of adverse determinations or final adverse determinations, independent review organizations, and continuing education providers; relating to required provisions for health care insurance contracts and policies, including health care provider choice; establishing civil penalties for insurers for failure to provide requested records; amending the definition of 'wet marine and transportation' insurance; amending provisions on limited licenses to include crop insurance; relating to third-party administrator notification requirements; relating to certification filing by reinsurance intermediary brokers; relating to rate filings, delivery of insurance policies or endorsements; relating to refunds of variable life insurance 2016-04-17 Senate Journal Page 2626 policies and variable annuities; establishing limitations on issuance of long-term care insurance; relating to requirements for group health insurance policies; amending the definition of 'group health insurance'; relating to motor vehicle service contracts; relating to notice requirements for meetings of stockholders or members of a domestic insurer; establishing a definition of 'bona fide association'; relating to requirements and penalties for committing a fraudulent or criminal insurance act; updating criteria for examinations; relating to rate filing deviations; establishing civil penalties for certain wilful violations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 372(L&C) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Huggins, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Nays: Dunleavy, Kelly Absent: Ellis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 372(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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 373 HOUSE BILL NO. 373 "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2016-04-17 Senate Journal Page 2627 HOUSE BILL NO. 373 was read the third time. The question being: "Shall HOUSE BILL NO. 373 "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 373 Third Reading - Final Passage Effective Date 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 BILL NO. 373 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 and the bill was signed by the President and Secretary and returned to the House. HB 375 CS FOR HOUSE BILL NO. 375(FIN) "An Act requiring the electronic submission of a tax return or report with the Department of Revenue; and providing for an effective date" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 375(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 375(FIN) "An Act requiring the electronic submission of a tax return or report with the Department of Revenue; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2628 CSHB 375(FIN) Third Reading - Final Passage Effective Dates YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stoltze, Wielechowski Nays: Dunleavy, Stevens and so, CS FOR HOUSE BILL NO. 375(FIN) 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 clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Consideration of the Calendar (continued) HB 254 SENATE CS FOR HOUSE BILL NO. 254(FIN), which had been moved to the bottom of the calendar (page 2604), was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 254(FIN) "An Act extending the termination date of the Big Game Commercial Services Board; relating to the Big Game Commercial Services Board; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 254(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Micciche and so, SENATE CS FOR HOUSE BILL NO. 254(FIN) passed the Senate. 2016-04-17 Senate Journal Page 2629 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. SCR 29 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 29, which had been held on the Secretary's desk (page 2612). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 254, extending the termination date of the Big Game Commercial Services Board, pass the Senate?" The roll was taken with the following result: SCR 29 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Micciche and so, SENATE CONCURRENT RESOLUTION NO. 29 passed the Senate and was referred to the Secretary for engrossment. Senator Coghill moved and asked unanimous consent that the second supplemental calendar be adopted. Without objection, the second supplemental calendar was adopted. Consideration of the Second Supplemental Calendar Second Reading of House Bills HB 137 CS FOR HOUSE BILL NO. 137(FIN) am "An Act raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and 2016-04-17 Senate Journal Page 2630 sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license exemption for state residents; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; and providing for an effective date" was read the second time. Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2557. Senator Gardner objected, then withdrew her objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) "An Act establishing an intensive management surcharge; providing for the repeal of the intensive management surcharge; establishing certain special hunting and fishing licenses and permits for residents with developmental disabilities; establishing a separate sustainable wildlife account in the fish and game fund; raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; relating to the Chitina dip net fishery; and providing for an effective date" was adopted. Senator McGuire offered Amendment No. 1 : Page 1, line 7, following "bonds;": Insert "relating to the regulation of nonresident hunters;" Page 12, following line 14: Insert a new bill section to read: "* Sec. 29. AS 16.05.407 is amended by adding a new subsection to read: 2016-04-17 Senate Journal Page 2631 (g) Regulations adopted by the department or Board of Game to implement (a) of this section may not apply restrictions to nonresidents under (a)(2) of this section that are not applied to nonresidents under (a)(1) of this section." Renumber the following bill sections accordingly. Page 14, line 11: Delete "33" Insert "34" Page 14, line 18: Delete "sec. 35" Insert "sec. 36" Delete "33" Insert "34" Page 14, line 19: Delete "sec. 35" Insert "sec. 36" Page 14, line 20: Delete "sec. 36" Insert "sec. 37" Senator McGuire moved for the adoption of Amendment No. 1. Senator Wielechowski objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 137(FIN) Second Reading Amendment No. 1? YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Olson, Stedman, Stevens, Stoltze Nays: Egan, Ellis, Gardner, Giessel, Wielechowski Absent: Micciche and so, Amendment No. 1 was adopted. 2016-04-17 Senate Journal Page 2632 Senator MacKinnon offered Amendment No. 2 : Page 1, lines 7 - 8: Delete "replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years;" Page 10, lines 4 - 5: Delete ". An identification card issued under this subsection is valid for three years" Page 10, line 5: Delete "an [A PERMANENT]" Insert "a permanent" Page 10, line 9: Delete "eligible for an [ISSUED A PERMANENT]" Insert "issued a permanent" Page 10, line 20: Delete "an" Insert "a permanent" Page 11, line 8: Delete "[PERMANENT]" Insert "permanent" Page 11, line 12: Delete "[PERMANENT]" Insert "permanent" Page 11, line 22: Delete "[PERMANENT]" Insert "permanent" Page 11, line 26: Delete "[PERMANENT]" Insert "permanent" Page 13, line 28, through page 14, line 8: Delete all material. 2016-04-17 Senate Journal Page 2633 Renumber the following bill sections accordingly. Page 14, line 18: Delete "sec. 35" Insert "sec. 34" Page 14, line 19: Delete "sec. 35" Insert "sec. 34" Page 14, line 20: Delete "sec. 36" Insert "sec. 35" Senator MacKinnon moved for the adoption of Amendment No. 2. Senator Gardner objected, then withdrew her objection. There being no further objection, Amendment No. 2 was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S "An Act establishing an intensive management surcharge; providing for the repeal of the intensive management surcharge; establishing certain special hunting and fishing licenses and permits for residents with developmental disabilities; establishing a separate sustainable wildlife account in the fish and game fund; raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; relating to the regulation of nonresident hunters; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; relating to the Chitina dip net fishery; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2634 SCS CSHB 137(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon, McGuire, Meyer, Olson, Stevens, Stoltze Nays: Dunleavy, Huggins, Stedman, Wielechowski Absent: Micciche and so, SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SCR 22 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 22, which had been held on the Secretary's desk (page 2262). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 22 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 137, raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license exemption for state residents; and raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping, pass the Senate?" The roll was taken with the following result: 2016-04-17 Senate Journal Page 2635 SCR 22 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Micciche and so, SENATE CONCURRENT RESOLUTION NO. 22 passed the Senate and was referred to the Secretary for engrossment. Concur Messages SB 24 Senator Coghill moved and asked unanimous consent to take up the concur message on CS FOR SENATE BILL NO. 24(JUD) am H "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities; and excluding contractors and persons who work for contractors from participating in certain benefit plans provided by the state, certain political subdivisions, or certain public organizations based on performing fee-based or contract services" which had been held on the Secretary's desk (page 2608). Without objection, it was so ordered. 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 24(JUD) am H Shall the Senate Concur in the House Amendment to CSSB 24(JUD)? YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 2016-04-17 Senate Journal Page 2636 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Micciche and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 24(JUD) am H "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities; and excluding contractors and persons who work for contractors from participating in certain benefit plans provided by the state, certain political subdivisions, or certain public organizations based on performing fee-based or contract services." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 34 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 34. Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 24, relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities, pass the Senate?" The roll was taken with the following result: HCR 34 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Micciche 2016-04-17 Senate Journal Page 2637 and so, HOUSE CONCURRENT RESOLUTION NO. 34 passed the Senate, was signed by the President and Secretary and returned to the House. SB 121 Senator Coghill moved and asked unanimous consent to take up the concur message on CS FOR SENATE BILL NO. 121(JUD) am H "An Act relating to a security freeze on the consumer credit report of a minor, incapacitated person, or protected person" which had been held on the Secretary's desk (page 2609). Without objection, it was so ordered. 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 121(JUD) am H Shall the Senate Concur in the House Amendment to CSSB 121(JUD)? 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 CS FOR SENATE BILL NO. 121(JUD) am H "An Act relating to a security freeze on the consumer credit report of a minor, incapacitated person, or protected person." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 210 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) "An Act relating to the community revenue sharing 2016-04-17 Senate Journal Page 2638 program; changing the name of the community revenue sharing program to the community assistance program; and providing for an effective date" which had been held on the Secretary's desk (page 2609). Without objection, it was so ordered. 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 CSSB 210(FIN) Shall the Senate Concur in the House Amendment to CSSB 210(FIN) am? Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze Nays: Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) "An Act relating to the community revenue sharing program; changing the name of the community revenue sharing program to the community assistance program; 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 clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 32 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 32(RES) "An Act relating to the sale of timber on state land; and providing for an effective date" which had been held on the Secretary's desk (page 2552). Without objection, it was so ordered. 2016-04-17 Senate Journal Page 2639 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 CSSB 32(RES) Shall the Senate Concur in the House Amendment to CSSB 32(RES)? Effective Date 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 BILL NO. 32(RES) "An Act relating to the sale of timber on state land; 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 clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Senator Coghill moved and asked unanimous consent to move to the Consideration of the Calendar. Without objection, the Senate moved to: Consideration of the First Supplemental Calendar (continued) HB 289 HOUSE BILL NO. 289 "An Act relating to the membership of the Board of Barbers and Hairdressers" which had been moved to the bottom of the calendar (page 2620), was before the Senate in second reading. 2016-04-17 Senate Journal Page 2640 Senator MacKinnon, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2591. Senator Gardner objected, then withdrew her objection. Senator Costello objected. The question being: "Shall the Finance Senate Committee Substitute be Adopted?" The roll was taken with the following result: HB 289 Second Reading Adopt Finance Senate Committee Substitute? YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Nays: Costello, McGuire and so, SENATE CS FOR HOUSE BILL NO. 289(FIN) "An Act relating to the membership of the Board of Barbers and Hairdressers; and relating to the practice of optometry" was adopted. Senator Ellis offered Amendment No. 1 : Page 1, line 1: Delete "and" Page 1, line 2, following "optometry": Insert "; prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date" Page 1, following line 3: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. It is the intent of the legislature that nothing in this Act is intended to alter applicable law relating to liability of a manufacturer, dispenser, or other person for a cause of action that may arise from smoking tobacco, e-cigarettes, or other oral 2016-04-17 Senate Journal Page 2641 smoking devices in an enclosed area or to otherwise limit the state immunity from liability provided for in state law. In this section, "e- cigarette," "enclosed area," and "smoking" have the meanings given to those terms in AS 18.35.399." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 3, following line 23: Insert new bill sections to read: "* Sec. 9. AS 18.35 is amended by adding new sections to read: Article 4. Prohibition of Smoking in Certain Places. Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an enclosed area in a public place, including an enclosed area (1) at an entertainment venue or a sports arena; (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation; (3) at a public transit depot, bus shelter, airport terminal, or other public transportation facility; (4) at a retail store or shopping center; (5) at a place of government or public assembly located on property that is owned or operated by the state, a municipality, or a regional educational attendance area, or by an agent of the state, a municipality, or a regional educational attendance area. (b) Smoking is prohibited in an enclosed area (1) at an office building, office, hotel, motel, restaurant, bar, retail store, or common area in an apartment building or multiple-family dwelling; (2) in a place of employment; (3) in a building or residence that is used to provide paid child care, whether or not children are present in the building or residence; (4) at a health care facility; (5) in a vehicle that is a place of employment; (6) at a public or private educational facility; (7) in a building or residence that is the site of a business at which the care of adults is provided on a fee-for-service basis; 2016-04-17 Senate Journal Page 2642 (8) at a residence in a health care facility, hotel, or motel; (9) on a vessel operating as a shore-based fisheries business under AS 43.75. (c) Smoking is prohibited outdoors (1) at an area located at a public or private school or a state or municipal park that is designated as a place for children to play; (2) in a seating area for an outdoor arena, stadium, or amphitheater; (3) at a place of employment or health care facility that has declared the entire campus or outside grounds or property to be smoke-free; (4) within (A) 10 feet of an entrance to a bar or restaurant that serves alcoholic beverages; (B) 20 feet of an entrance, open window, or heating or ventilation system air intake vent at an enclosed area at a place where smoking is prohibited under this section; or (C) a reasonable distance of an entrance, open window, or heating or ventilation system air intake vent on a vessel covered by this section as determined by the vessel owner or operator in charge. (d) Notwithstanding (a) of this section, unless the owner or operator prohibits it, smoking is allowed at a retail tobacco or e- cigarette store. (e) Notwithstanding (a) and (i)(1)(D) of this section, unless a municipality or the owner or operator prohibits it, smoking of e- cigarettes is allowed in a retail tobacco or e-cigarette store that is located in a building that is attached to another business or residence if the retail store (1) does not sell cigarettes, cigars, tobacco, products containing tobacco, and pipes and tobacco smoking accessories; (2) provides proof sufficient to the department that the retail store was in business at that location on or before June 1, 2016; and (3) has not changed ownership or location since June 1, 2016. (f) Notwithstanding (a) and (b) of this section, smoking may be permitted in a separate enclosed smoking area located in a terminal for international passengers who are in transit in a state- 2016-04-17 Senate Journal Page 2643 owned and state-operated international airport and who are restricted by federal law from leaving the airport, if the smoking area is vented directly to an outdoor area that is not an area where smoking is prohibited under (c) of this section. (g) Notwithstanding (b) of this section, unless the owner or operator prohibits it, smoking is allowed (1) in a vehicle that is a place of employment when the vehicle is used exclusively by one person; (2) on a vessel when the vessel is engaged in commercial fishing or sport charter fishing or is otherwise used as a place of employment. (h) Nothing in this section prohibits smoking (1) at a private residence, except a private residence described in (b) of this section; (2) in a stand-alone shelter if the stand-alone shelter meets the following requirements: (A) food or drink may not be sold in the stand-alone shelter; (B) at least 50 percent of one side of the shelter is completely open to the outside; and (C) the stand-alone shelter meets the minimum distance requirements of (c) of this section; or (3) in an establishment licensed under AS 17.38 that is a freestanding building. (i) In this section, "retail tobacco or e-cigarette store" (1) means a retail store (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories; (B) in which the sale of other products is incidental; (C) that derives at least 90 percent of its gross revenue from the sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories; and (D) that is a freestanding building not attached to another business or to a residence; (2) does not include (A) a tobacco or e-cigarette department or section of a business that does not meet the criteria in (1) of this subsection; 2016-04-17 Senate Journal Page 2644 (B) a business that is also a restaurant or grocery store; (C) a business that is licensed under AS 04.11 to serve alcoholic beverages at an outdoor location; (D) a business that is licensed under AS 05.15 to sell pull-tabs; (E) a business that is licensed under AS 43.70.075 to sell tobacco but that does not meet the requirements of this subsection; or (F) a retail store that is within an indoor public place or workplace. Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously display in the place or vehicle a sign that (1) reads "Smoking Prohibited by Law--Fine $50"; (2) includes the international symbol for no smoking; or (3) includes the words "No Puffin" with a pictorial representation of a Horned Puffin or Tufted Puffin holding a burning cigarette enclosed in a red circle crossed with a red bar. (b) A person in charge of a building at which smoking is prohibited within a specific distance from the entrance of the building under AS 18.35.301(c)(4) shall conspicuously display a sign that reads "Smoking within (number of feet) Feet of Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to the building. (c) The department shall furnish signs required under this section to a person who requests them with the intention of displaying them. Sec. 18.35.311. Duty of employers and building managers. (a)An employer may not permit an employee, customer, or other person to smoke inside an enclosed area at a place of employment. (b) The owner, operator, manager, or other person who manages a building or other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays or other smoking accessories for use in that building or place. Sec. 18.35.316. Powers and duties of the commissioner. (a) The commissioner (1) shall administer and enforce the requirements of AS 18.35.301 - 18.35.399; 2016-04-17 Senate Journal Page 2645 (2) may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the duties under this section. (b) In addition to other powers granted the commissioner under AS 18.35.301 - 18.35.399, the commissioner may delegate to another agency the authority to implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. Sec. 18.35.321. Public education. (a) The commissioner shall ensure that employers, property owners, property operators, and other members of the public are provided ongoing access to (1) a program of education regarding the requirements in AS 18.35.301 - 18.35.399; (2) an electronically published printable brochure that summarizes the requirements in AS 18.35.301 - 18.35.399. (b) The commissioner shall consult with the Department of Health and Social Services (1) to achieve compliance by employers, property owners, property operators, and other members of the public with the requirements of AS 18.35.301 - 18.35.399; (2) to provide the program of education as required under (a) of this section; the program of education may be provided in combination with the comprehensive smoking education, tobacco use prevention, and tobacco control program established in AS 44.29.020(a)(14). Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any other manner retaliate against an employee because the employee cooperates with or initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. (b) The owner or operator of a vehicle or other place that is subject to a requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other member of the public for cooperating with or initiating enforcement of a requirement in AS 18.35.301 - 18.35.399. Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 - 18.35.399 prohibits a municipality from adopting an ordinance imposing (1) additional limitations on smoking; or (2) additional duties on employers, owners, operators, and other persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking. 2016-04-17 Senate Journal Page 2646 * Sec. 10. AS 18.35.340(a) is amended to read: (a) The commissioner shall develop and maintain a procedure for processing reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, AND 18.35.330]. * Sec. 11. AS 18.35.340(b) is amended to read: (b) If, after investigating a report made under this section, the commissioner determines that a violation has occurred, (1) the commissioner may file a civil complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the department issues a citation, the violation shall be processed and disposed of under AS 18.35.341. * Sec. 12. AS 18.35.340(c) is amended to read: (c) A person who violates AS 18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A person who violates AS 18.35.306 [AS 18.35.330] and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of not less than $50 [$20] nor more than $300. Each day a violation of AS 18.35.306 [AS 18.35.330] continues after a civil complaint for the violation has been filed and served on the defendant constitutes a separate violation. * Sec. 13. AS 18.35.341(a) is amended to read: (a) A peace officer may issue a citation for a violation of AS 18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. * Sec. 14. AS 18.35.341(b) is amended to read: (b) An employee of the department designated by the commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether 2016-04-17 Senate Journal Page 2647 the violation was committed in the employee's presence. A citation issued under this subsection shall be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (a) of this section. An employee of the department may not arrest a person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR 18.35.330]. * Sec. 15. AS 18.35.341(c) is amended to read: (c) A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR 18.35.330] is guilty of a violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] and by a fine of not less than $50 [$20] nor more than $300 for a violation of AS 18.35.306 [AS 18.35.330]. Each day a violation of AS 18.35.306 [AS 18.35.330] continues after a citation for the violation has been issued constitutes a separate violation. * Sec. 16. AS 18.35.341(d) is amended to read: (d) The supreme court shall establish a schedule of bail amounts for violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, AND 18.35.330], but in no event may the bail amount exceed the maximum fine that may be imposed for the violation under (c) of this section. The bail amount for a violation must appear on the citation. * Sec. 17. AS 18.35.342 is amended to read: Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR 18.35.330]. * Sec. 18. AS 18.35.343 is amended to read: Sec. 18.35.343. Injunctions. The commissioner or any affected party may institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. * Sec. 19. AS 18.35.350 is amended to read: Sec. 18.35.350. Enforcement authority. The commissioner or the commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 2016-04-17 Senate Journal Page 2648 18.35.365]. This section does not limit the authority of peace officers. * Sec. 20. AS 18.35 is amended by adding a new section to read: Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, (1) "business" means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity; (2) "commissioner" means the commissioner of environmental conservation or the commissioner's designee; (3) "department" means the Department of Environmental Conservation; (4) "e-cigarette" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e- cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate smoking or expose others to vapor or aerosol; (5) "employee" means a person who is employed by a business for compensation or works for a business as a volunteer without compensation; (6) "employer" means the state, a municipality, a regional educational attendance area, and a person or a business with one or more employees; (7) "enclosed area" means space between a floor and a ceiling that is bounded on two or more sides by a combination of walls, doorways, windows, or other physical barriers that may be open, partially open, closed, retractable, temporary, or permanent; (8) "health care facility" means an office or institution providing care or treatment for physical, mental, emotional, or other medical, dental, physiological, or psychological diseases or conditions; private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including 2016-04-17 Senate Journal Page 2649 freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or Alaska Veterans' Home administered by the Department of Health and Social Services under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, physicians, psychiatrists, or dentists or other professional health care providers to provide health care; (9) "place of employment" means work areas, private offices, hotel and motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, vehicles, and other employee work areas that are under the control of an employer; (10) "public place" includes (A) an area to which the public is invited or into which the public is admitted; (B) a place where services, goods, or facilities are offered to the public; (11) "smoking" means using an e-cigarette or other oral smoking device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, pipe, or tobacco or plant product intended for inhalation. * Sec. 21. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 18.35.365 are repealed. * Sec. 22. AS 18.35.301(e) is repealed June 2, 2019. * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 18.35.326, and 18.35.331, added by sec. 9 of this Act, AS 18.35.340(a) - (c), as amended by secs. 10 - 12 of this Act, AS 18.35.341(a) - (d), as amended by secs. 13 - 16 of this Act, AS 18.35.342, as amended by sec. 17 of this Act, AS 18.35.343, as amended by sec. 18 of this Act, AS 18.35.350, as amended by sec. 19 of this Act, and AS 18.35.399, added by sec. 20 of this Act, apply to violations or failures to comply that occur on or after the effective date of secs. 9 - 20 of this Act." Renumber the following bill sections accordingly. 2016-04-17 Senate Journal Page 2650 Page 3, line 27: Delete "sec. 1" Insert "sec. 2" Page 3, line 28: Delete "sec. 1" Insert "sec. 2" Page 3, lines 29 - 30: Delete "sec. 1" Insert "sec. 2" Page 3, line 30: Delete "sec. 1" Insert "sec. 2" Page 3, line 31: Delete "sec. 1" Insert "sec. 2" Page 4, line 3: Delete "sec. 1" in both places Insert "sec. 2" in both places Page 4, following line 4: Insert new bill sections to read: "* Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION; REGULATIONS. The Department of Environmental Conservation may adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 18.35.326, and 18.35.331, added by sec. 9 of this Act, AS 18.35.340(a) - (c), as amended by secs. 10 - 12 of this Act, AS 18.35.341(a) - (d), as amended by secs. 13 - 16 of this Act, AS 18.35.342, as amended by sec. 17 of this Act, AS 18.35.343, as amended by sec. 18 of this Act, AS 18.35.350, as amended by sec. 19 of this Act, and AS 18.35.399, added by sec. 20 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the section being implemented. 2016-04-17 Senate Journal Page 2651 * Sec. 26. Section 25 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 27. Sections 1 and 9 - 23 of this Act take effect October 1, 2016." Senator Ellis moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS HB 289(FIN) Second Reading Amendment No. 1? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, MacKinnon, McGuire, Meyer, Micciche, Olson, Stevens, Wielechowski Nays: Coghill, Dunleavy, Huggins, Kelly, Stedman, Stoltze and so, Amendment No. 1 was adopted. 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. SENATE CS FOR HOUSE BILL NO. 289(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 289(FIN) am S "An Act relating to the membership of the Board of Barbers and Hairdressers; relating to the practice of optometry; prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 289(FIN) am S Third Reading - Final Passage Effective Dates 2016-04-17 Senate Journal Page 2652 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Costello, Egan, Ellis, Gardner, Giessel, Hoffman, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Coghill, Dunleavy, Huggins, Kelly, Stoltze and so, SENATE CS FOR HOUSE BILL NO. 289(FIN) am S 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 clauses. Without objection, it was so ordered. In accordance with Uniform Rules 43, engrossment was waived on SENATE CS FOR HOUSE BILL NO. 289(FIN) am S and the bill was returned to the House for consideration with a certified amendment. SCR 27 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 27, which had been held on the Secretary's desk (page 2593). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 289, relating to the membership of the Board of Barbers and Hairdressers, pass the Senate?" The roll was taken with the following result: SCR 27 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, SENATE CONCURRENT RESOLUTION NO. 27 passed the Senate and was referred to the Secretary for engrossment. 2016-04-17 Senate Journal Page 2653 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 17 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 31 HOUSE CONCURRENT RESOLUTION NO. 31 BY THE HOUSE STATE AFFAIRS COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 154, relating to special registration plates commemorating the Blood Bank of Alaska. was read the first time and held on the Secretary's desk. HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 BY THE HOUSE RULES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 165, relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense Procedure. was read the first time and held on the Secretary's desk. 2016-04-17 Senate Journal Page 2654 Concur Messages SB 154 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 154(STA) "An Act relating to special registration plates commemorating the Blood Bank of Alaska" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 154(STA) "An Act relating to special registration plates commemorating the Blood Bank of Alaska; relating to special request registration plates celebrating the arts; and relating to the Alaska State Council on the Arts." (Title Change HCR 31) and with the following House Letter of Intent: Dr. David McGuire was an integral part of the Blood Bank of Alaska, through numerous contributions, professional and financial, for many years. It is the intent of the Legislature that the Board of the Blood Bank of Alaska consider acknowledging the contributions and medical and philanthropic legacy of Dr. David McGuire by naming a laboratory in his honor. The concur message was held on the Secretary's desk. SB 165 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 165(JUD) am "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; and amending Rule 17, Alaska Rules of Minor Offense Procedure" with the following amendments: 2016-04-17 Senate Journal Page 2655 HOUSE CS FOR CS FOR SENATE BILL NO. 165(L&C) am H "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; relating to the membership of the Board of Barbers and Hairdressers; and amending Rule 17, Alaska Rules of Minor Offense Procedure." (Title Change HCR 36) The concur message was held on the Secretary's desk. SB 196 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 196(FIN) "An Act relating to the amount appropriated for power cost equalization; relating to the use of certain unexpended earnings from the power cost equalization endowment fund; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) The concur message was held on the Secretary's desk. SB 200 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 200(FIN) "An Act relating to health education and physical activity requirements for students in grades kindergarten through eight" with the following amendments: 2016-04-17 Senate Journal Page 2656 HOUSE CS FOR CS FOR SENATE BILL NO. 200(EDC) am H The concur message was held on the Secretary's desk. Concur Messages SB 154 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 154(STA) "An Act relating to special registration plates commemorating the Blood Bank of Alaska; relating to special request registration plates celebrating the arts; and relating to the Alaska State Council on the Arts" with a House Letter of Intent, which had been held on the Secretary's desk (page 2654). Without objection, it was so ordered. 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 CSSB 154(STA) Shall the Senate Concur in the House Amendment to CSSB 154(STA)? Letter of Intent YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Ellis, McGuire and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 154(STA) "An Act relating to special registration plates commemorating the Blood Bank of Alaska; relating to special request registration plates celebrating the arts; and relating to the Alaska State Council on the Arts." 2016-04-17 Senate Journal Page 2657 Senator Coghill moved and asked unanimous consent for the adoption of the House Letter of Intent. Senator Gardner objected, then withdrew her objection. There being no further objection, the Legislative Letter of Intent was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment with a Legislative Letter of Intent. HCR 31 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 154, relating to special registration plates commemorating the Blood Bank of Alaska, which had been held on the Secretary's desk (page 2653). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 31 pass the Senate?" The roll was taken with the following result: HCR 31 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski Absent: Ellis and so, HOUSE CONCURRENT RESOLUTION NO. 31 passed the Senate, was signed by the President and Secretary and returned to the House. SB 165 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 165(L&C) am H "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of 2016-04-17 Senate Journal Page 2658 alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; relating to the membership of the Board of Barbers and Hairdressers; and amending Rule 17, Alaska Rules of Minor Offense Procedure" which had been held on the Secretary's desk (page 2654). Without objection, it was so ordered. Senator Coghill moved and asked unanimous consent to withdraw the motion. Without objection, it was so ordered. SB 200 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 200(EDC) am H "An Act relating to health education and physical activity requirements for students in grades kindergarten through eight" which had been held on the Secretary's desk (page 2655). Without objection, it was so ordered. Senator Coghill moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 200(EDC) am H Shall the Senate Concur in the House Amendments to CSSB 200(FIN)? YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stedman, Stevens, Stoltze, Wielechowski Absent: Ellis, Olson 2016-04-17 Senate Journal Page 2659 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 200(EDC) am H "An Act relating to health education and physical activity requirements for students in grades kindergarten through eight." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 165 Senator Coghill moved and asked unanimous consent to take up the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 165(L&C) am H "An Act relating to the presence of minors in the licensed premises of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to background checks for persons applying to operate marijuana establishments; relating to the offense of minor consuming; relating to revocation of a driver's license for a minor consuming offense; relating to the effect of the revocation of a driver's license for a minor consuming offense on a motor vehicle liability insurance policy; relating to the membership of the Board of Barbers and Hairdressers; and amending Rule 17, Alaska Rules of Minor Offense Procedure" which had been held on the Secretary's desk (page 2654). Without objection, it was so ordered. Senator Coghill moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 165(L&C) am H Shall the Senate Concur in the House Amendments to CSSB 165(JUD) am? YEAS: 0 NAYS: 18 EXCUSED: 0 ABSENT: 2 2016-04-17 Senate Journal Page 2660 Nays: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stedman, Stevens, Stoltze, Wielechowski Absent: Ellis, Olson and so, the Senate failed to concur. The Secretary was requested to notify the House. SB 193 Message dated April 17 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 193(L&C) "An Act extending the exemption from regulation by the Regulatory Commission of Alaska for certain facilities or plants generating energy from renewable energy resources" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 193(L&C) 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 CSSB 193(L&C) Shall the Senate Concur in the House Amendment to CSSB 193(L&C)? YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bishop, Coghill, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stedman, Stevens, Stoltze, Wielechowski Absent: Ellis, Olson and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 193(L&C) "An Act extending the exemption from regulation by the Regulatory Commission of Alaska for certain facilities or plants generating energy from renewable energy resources." 2016-04-17 Senate Journal Page 2661 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment HB 41 SENATE CS FOR CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to sport fishing services, salt water sport fishing operators, and salt water sport fishing guides; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 100 SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act establishing a credit against the net income tax for an in-state processing facility that manufactures urea, ammonia, or gas-to-liquid products; relating to establishing the value of the state's royalty share of gas production based on contracts with certain in-state processing facilities that manufacture urea, ammonia, or gas-to- liquid products; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 126 SENATE CS FOR CS FOR HOUSE BILL NO. 126(JUD) "An Act relating to the administration of military justice; relating to the adoption of regulations by the adjutant general; relating to the authority of the adjutant general; relating to appeals of convictions and sentences of courts-martial; establishing the Military Appeals Commission; relating to the detention and incarceration of members of the militia; relating to the jurisdiction of the supreme court over 2016-04-17 Senate Journal Page 2662 petitions from the Military Appeals Commission; relating to involuntary commitment for evaluation or treatment of a mental disease or defect before court-martial proceedings; relating to offenses subject to court-martial proceedings; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 137 SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S "An Act establishing an intensive management surcharge; providing for the repeal of the intensive management surcharge; establishing certain special hunting and fishing licenses and permits for residents with developmental disabilities; establishing a separate sustainable wildlife account in the fish and game fund; raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; relating to the regulation of nonresident hunters; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping; relating to the Chitina dip net fishery; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 156 SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) "An Act relating to a parent's right to direct the education of a child; relating to the duties of the state Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; relating to a statewide assessment plan and review of education laws and regulations; repealing the minimum expenditure for instruction for school districts; relating to sex education, human reproduction education, and human sexuality education; relating to suicide awareness and prevention training; relating to contracts for student assessments; relating to questionnaires and surveys administered in public schools; relating to physical 2016-04-17 Senate Journal Page 2663 examinations for teachers; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 216 SENATE CS FOR CS FOR HOUSE BILL NO. 216(RES) "An Act relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of 'navigable water' under the Alaska Land Act" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 231 SENATE CS FOR CS FOR HOUSE BILL NO. 231(STA) "An Act extending the termination date of the Board of Parole; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 234 SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relating to insurance coverage for mental health benefits provided through telehealth" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 254 SENATE CS FOR HOUSE BILL NO. 254(FIN) "An Act extending the termination date of the Big Game Commercial Services Board; relating to the Big Game Commercial Services Board; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 314 SENATE CS FOR HOUSE BILL NO. 314(FIN) "An Act relating to the Alaska regional economic assistance program; extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2016-04-17 Senate Journal Page 2664 HB 372 SENATE CS FOR CS FOR HOUSE BILL NO. 372(L&C) "An Act relating to insurance; relating to the annual report by the director of insurance; relating to expenses for insurance examinations; relating to regulations for insurance utilization review, benefits determination, health care insurance grievance resolution procedures, independent review of adverse determinations or final adverse determinations, independent review organizations, and continuing education providers; relating to required provisions for health care insurance contracts and policies, including health care provider choice; establishing civil penalties for insurers for failure to provide requested records; amending the definition of 'wet marine and transportation' insurance; amending provisions on limited licenses to include crop insurance; relating to third-party administrator notification requirements; relating to certification filing by reinsurance intermediary brokers; relating to rate filings, delivery of insurance policies or endorsements; relating to refunds of variable life insurance policies and variable annuities; establishing limitations on issuance of long-term care insurance; relating to requirements for group health insurance policies; amending the definition of 'group health insurance'; relating to motor vehicle service contracts; relating to notice requirements for meetings of stockholders or members of a domestic insurer; establishing a definition of 'bona fide association'; relating to requirements and penalties for committing a fraudulent or criminal insurance act; updating criteria for examinations; relating to rate filing deviations; establishing civil penalties for certain wilful violations; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 137, raising certain fees related to sport fishing, hunting, and trapping; relating to the fish and game fund; providing for the repeal of the sport fishing surcharge and sport fishing facility revenue bonds; replacing the permanent sport fishing, hunting, or trapping identification card for certain residents with an identification card valid for three years; relating to hunting and fishing by proxy; relating to fish and game conservation decals; raising the age of eligibility for a sport fishing, hunting, or trapping license 2016-04-17 Senate Journal Page 2665 exemption for state residents; and raising the age at which a state resident is required to obtain a license for sport fishing, hunting, or trapping, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 156, relating to the duties of the State Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; and relating to a statewide assessment plan and review of education laws and regulations, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 26 SENATE CONCURRENT RESOLUTION NO. 26 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 234, relating to insurance coverage for mental health benefits provided through telemedicine, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 27 SENATE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 289, relating to the membership of the Board of Barbers and Hairdressers, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 29 SENATE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 254, extending the termination date of the Big Game Commercial Services Board, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2016-04-17 Senate Journal Page 2666 SCR 30 SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 41, relating to sport fishing services, sport fishing operators, and sport fishing guides, 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 5:00 p.m., April 18, 2016. Without objection, the Senate adjourned at 2:53 a.m. Liz Clark Secretary of the Senate 2016-04-17 Senate Journal Page 2667 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 17 Sunday Senate Finance 532 8:00 AM += SB 130 TAX;CREDITS;INTEREST;REFUNDS;O & G -- Testimony <Invitation Only> -- + Janak Mayer, Chairman and Chief Technologist, enalytica += HB 143 AIDEA BONDS: SWEETHEART CREEK HYDRO PROJ. += HB 268 AIDEA:DIVIDEND TO STATE;INCOME;VALUATION += HB 290 EXTENDING THE REAL ESTATE COMMISSION += HB 314 AK REG ECON ASSIST. PROGRAM; EXTEND += HB 259 RELOCATION ASSISTANCE FOR FED. PROJ/PROG += HB 289 BOARD OF BARBERS AND HAIRDRESSERS + Bills Previously Heard/Scheduled Apr 18 Monday Senate Finance 532 9:00 AM Bills Previously Heard/Scheduled += SB 130 TAX;CREDITS;INTEREST;REFUNDS;O & G -- Testimony <Invitation Only> -- Janak Mayer, Chairman and Chief Technologist, enalytica += SB 128 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS ---------------------------------------- 2016-04-17 Senate Journal Page 2668 RESOURCES Apr 17 Sunday Butrovich 205 1:30 PM + HJR 28 OPPOSING GM SALMON -- Public Testimony -- May 06 Friday Anch Lio Conf Rm 3:30 PM -- Testimony <Invitation Only> -- + Alaska LNG Project Update: Project Update with Steve Butt; Joint Venture Team Update; State of Alaska Gas Team Update ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB256 AND HB257 Apr 17 Sunday Senate Finance 532 4:00 PM -- MEETING CANCELED -- = HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 257 APPROP: MENTAL HEALTH BUDGET Apr 18 Monday Senate Finance 532 4:00 PM -- MEETING CANCELED -- = HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 257 APPROP: MENTAL HEALTH BUDGET Apr 19 Tuesday Senate Finance 532 4:00 PM = HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 257 APPROP: MENTAL HEALTH BUDGET ---------------------------------------- CONFERENCE COMMITTEE ON HB75 Apr 17 Sunday Gruenberg 120 3:00 PM -- Delayed to 12:00 p.m. 4/18/2016 -- = HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT -- Testimony <Invitation Only> -- 2016-04-17 Senate Journal Page 2669 CONFERENCE COMMITTEE ON HB75 (continued) Apr 18 Monday Gruenberg 120 12:00 PM -- MEETING CANCELED -- = HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT -- Testimony <Invitation Only> -- Apr 19 Tuesday Gruenberg 120 12:00 PM = HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT -- Testimony <Invitation Only> --