Legislature(2015 - 2016)

2016-05-12 Senate Journal

Full Journal pdf

2016-05-12                     Senate Journal                      Page 2783
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-NINTH LEGISLATURE                                                                          
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                    Thursday                     May 12, 2016                                                   
                                                                                                                                
                          One Hundred Fifteenth Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Meyer at 11:11 a.m. in the Terry Miller Legislative Office Building                                                             
gymnasium.                                                                                                                      
                                                                                                                                
The roll showed nineteen members present. Senator Hoffman was                                                                   
absent.                                                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Romo Marasigan. Senator                                                                 
Giessel moved and asked unanimous consent that the prayer be spread.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
                1 Corinthians 13:13 says, "And now these three                                                                 
           remain: faith, hope and love. But the greatest of these                                                             
                           is love."          Amen.                                                                            
                                                                                                                                
Senator Huggins led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the journals                                                             
for the one hundred thirteenth and one hundred fourteenth legislative                                                           
days be approved as certified by the Secretary. Without objection, it                                                           
was so ordered.                                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2016-05-12                     Senate Journal                      Page 2784
                           Messages from the House                                                                           
                                                                                                                                
HB 137                                                                                                                        
Message dated May 11 was read stating the House adopted the report                                                              
of the Conference Committee with limited powers of free conference                                                              
considering SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN)                                                                        
am S and CS FOR HOUSE BILL NO. 137(FIN) am, thus adopting:                                                                      
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 137                                                                                  
          "An Act relating to the duties of the commissioner of                                                                 
          fish and game; 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 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."                                                                                               
                                                                                                                                
Message dated May 11 was read stating the House passed and                                                                      
transmitted for consideration:                                                                                                  
                                                                                                                                
                        First Reading and Reference of                                                                       
                              House Resolutions                                                                              
                                                                                                                                
HCR 32                                                                                                                        
HOUSE CONCURRENT RESOLUTION NO. 32 BY THE HOUSE                                                                                 
JUDICIARY COMMITTEE,                                                                                                            
                                                                                                                                
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning Senate Bill No. 91, relating to criminal                                                                   

2016-05-12                     Senate Journal                      Page 2785
          law and procedure; relating to controlled substances;                                                                 
          relating to immunity from prosecution for the crime                                                                   
          of prostitution; relating to probation; relating to                                                                   
          sentencing; establishing a pretrial services program                                                                  
          with pretrial services officers in the Department of                                                                  
          Corrections; relating to the publication of suspended                                                                 
          entries of judgment on a publicly available Internet                                                                  
          website; relating to permanent fund dividends;                                                                        
          relating to electronic monitoring; relating to penalties                                                              
          for violations of municipal ordinances; relating to                                                                   
          parole; relating to correctional restitution centers;                                                                 
          relating to community work service; relating to                                                                       
          revocation, termination, suspension, cancellation, or                                                                 
          restoration of a driver's license; relating to the excise                                                             
          tax on marijuana; establishing the recidivism                                                                         
          reduction fund; relating to the Alaska Criminal                                                                       
          Justice Commission; relating to the disqualification                                                                  
          of persons convicted of specified drug offenses from                                                                  
          participation in the food stamp and temporary                                                                         
          assistance programs; relating to the duties of the                                                                    
          commissioner of corrections; and amending Rules 32,                                                                   
          32.1, 38, 41, and 43, Alaska Rules of Criminal                                                                        
          Procedure, and repealing Rules 41(d) and (e), Alaska                                                                  
          Rules of Criminal Procedure.                                                                                          
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 91                                                                                                                         
Message dated May 11 was read stating the House passed and returned                                                             
for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                                          
BILL NO. 91(FIN) am "An Act relating to criminal law and                                                                        
procedure; relating to controlled substances; relating to immunity from                                                         
prosecution for the crime of prostitution; relating to probation; relating                                                      
to sentencing; establishing a pretrial services program with pretrial                                                           
services officers in the Department of Corrections; relating to the                                                             
publication of suspended entries of judgment on a publicly available                                                            
Internet website; relating to permanent fund dividends; relating to                                                             

2016-05-12                     Senate Journal                      Page 2786
electronic monitoring; relating to penalties for violations of municipal                                                        
ordinances; relating to parole; relating to correctional restitution                                                            
centers; relating to community work service; relating to revocation,                                                            
termination, suspension, cancellation, or restoration of a driver's                                                             
license; relating to the excise tax on marijuana; establishing the                                                              
recidivism reduction fund; relating to the Alaska Criminal Justice                                                              
Commission; relating to the disqualification of persons convicted of                                                            
specified drug offenses from participation in the food stamp and                                                                
temporary assistance programs; relating to the duties of the                                                                    
commissioner of corrections; amending Rules 32, 32.1, 38, 41, and 43,                                                           
Alaska Rules of Criminal Procedure, and repealing Rules 41(d) and                                                               
(e), Alaska Rules of Criminal Procedure; and providing for an                                                                   
effective date" with the following amendments:                                                                                  
                                                                                                                                
              HOUSE CS FOR CS FOR SPONSOR                                                                                       
              SUBSTITUTE FOR SENATE BILL                                                                                        
              NO. 91(FIN) am H "An Act relating to civil in                                                                     
              rem forfeiture actions; relating to criminal law                                                                  
              and procedure; relating to controlled substances;                                                                 
              relating to victims of criminal offenses; relating to                                                             
              probation; relating to sentencing; relating to                                                                    
              treatment program credit for time spent toward                                                                    
              service of a sentence of imprisonment; relating to                                                                
              the Violent Crimes Compensation Board;                                                                            
              establishing a pretrial services program with                                                                     
              pretrial services officers in the Department of                                                                   
              Corrections; relating to permanent fund                                                                           
              dividends; relating to electronic monitoring;                                                                     
              relating to penalties for violations of municipal                                                                 
              ordinances; relating to parole; relating to                                                                       
              correctional restitution centers; relating to                                                                     
              community work service; relating to revocation,                                                                   
              termination, suspension, cancellation, or                                                                         
              restoration of a driver's license; relating to                                                                    
              identification cards and driver's licenses for                                                                    
              parolees; relating to the disqualification of                                                                     
              persons convicted of certain felony drug offenses                                                                 
              from participation in the food stamp and                                                                          
              temporary assistance programs; relating to the                                                                    
              duties of the commissioner of corrections;                                                                        

2016-05-12                     Senate Journal                      Page 2787
              amending Rules 32, 32.1, 38, and 43, Alaska                                                                       
              Rules of Criminal Procedure; and providing for                                                                    
              an effective date."                                                                                               
              (Title Change HCR 32)                                                                                             
                                                                                                                                
The message was held on the Secretary's desk.                                                                                   
                                                                                                                                
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
HB 137                                                                                                                        
The following report was received and distributed at 3:06 p.m.,                                                                 
May 10:                                                                                                                         
                                                                                                                                
                                                               May 10, 2016                                                     
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considered SENATE CS FOR CS FOR                                                                        
HOUSE BILL NO. 137(FIN) am S and CS FOR HOUSE BILL                                                                              
NO. 137(FIN) am and recommends                                                                                                  
                                                                                                                                
      CONFERENCE CS FOR HOUSE BILL NO. 137 "An Act                                                                              
      relating to the duties of the commissioner of fish and                                                                    
      game; 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 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"                                                                     
                                                                                                                                
be adopted.                                                                                                                     
                                                                                                                                

2016-05-12                     Senate Journal                      Page 2788
The following fiscal information was published May 11:                                                                          
 Fiscal Note No. 5, Department of Fish and Game                                                                                 
                                                                                                                                
Signing the report: Senator Giessel, Chair, Senators Stoltze, Stevens;                                                          
Representative Talerico, Chair, Representative Tarr.                                                                            
                                                                                                                                
Senator Coghill moved that the Senate adopt the Conference                                                                      
Committee Report.                                                                                                               
                                                                                                                                
The question being: "Shall the Senate adopt the Conference                                                                      
Committee Report?" The roll was taken with the following result:                                                                
                                                                                                                                
CCS HB 137                                                                                                                      
Shall the Senate Adopt the Conference                                                                                           
Committee Report?    Effective Dates                                                                                            
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Kelly, MacKinnon, McGuire, Micciche, Olson, Stevens,                                                                     
Bishop, Coghill, Costello, Egan, Ellis, Gardner, Giessel, Meyer                                                                 
                                                                                                                                
Nays:  Huggins, Stedman, Stoltze, Wielechowski, Dunleavy                                                                        
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, the report was adopted, thus adopting:                                                                                  
                                                                                                                                
       CONFERENCE CS FOR HOUSE BILL NO. 137 "An Act                                                                             
       relating to the duties of the commissioner of fish and                                                                   
       game; 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 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."                                                                   
                                                                                                                                

2016-05-12                     Senate Journal                      Page 2789
Senator Coghill moved and asked unanimous consent that the vote on                                                              
the adoption of the Conference Committee Report be considered the                                                               
vote on the effective date clauses. Without objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 11:00 a.m., May 13, 2016. Without                                                                    
objection, the Senate adjourned at 11:44 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2016-05-12                     Senate Journal                      Page 2790
                                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                                                                                   
                                                                                                                                
May 12        Thursday                  Bill Ray Center 230         10:00 AM                                                  
+= SB 138 BUDGET: CAPITAL                                                                                                       
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 13        Friday                    Bill Ray Center 230           9:30 AM                                                 
+             Oil and Gas Tax Credits                                                                                           
              Commissioner Randall Hoffbeck                                                                                     
              Director Ken Alper                                                                                                
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
May 16        Monday                    Bill Ray Center 208           4:00 PM                                                 
+             Committee Business                                                                                                
              a. Anchorage Office Space                                                                                         
              b. Bill Ray Center Lease                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2016-05-12                     Senate Journal                      Page 2791
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                   CONFERENCE COMMITTEE ON HB256 AND HB257                                                                   
                                                                                                                                
May 12        Thursday                  Bill Ray Center 230           3:00 PM                                                 
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET                                                                                          
              Legislature                                                                                                       
              Language                                                                                                          
                                                                                                                                
May 13        Friday                    Bill Ray Center 230           3:00 PM                                                 
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
May 14        Saturday                  Bill Ray Center 230           1:00 PM                                                 
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET