Legislature(2017 - 2018)
2017-02-15 Senate Journal
Full Journal pdf2017-02-15 Senate Journal Page 0257 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday February 15, 2017 Thirtieth Day Pursuant to adjournment the Senate was called to order by President Kelly at 11:01 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Reverend Mark Peterson, Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Spirit of Sea and Sky, Peace and Mercy, We remember that our carefully chosen words point to a far greater future reality - of service and peace. The words we craft have a path that ends with individual lives and our planet's future. Bless our vocation here - to lift up harmony, wisdom and prosperity, holding fast to justice, fairness and peace. Grant us your wisdom to make the numbers match, our laws to make sense, the freedoms protected, order maintained, the defenseless to have an advocate and the voiceless among us to have a hearing. For that is the greatest good of 'the better angels of our nature.' Amen. Senator Stevens led the Senate in the Pledge of Allegiance. 2017-02-15 Senate Journal Page 0258 Certification Senator Micciche moved and asked unanimous consent that the journals for the twenty-eighth and twenty-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 13 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 18 HOUSE BILL NO. 18 BY REPRESENTATIVES ORTIZ, Claman, entitled: "An Act relating to race classics." was read the first time and referred to the Community and Regional Affairs and Labor and Commerce Committees. Communications The following report is on file in the Office of the Secretary of the Senate: Department of Transportation and Public Facilities Division of Statewide Aviation Alaska Airports and Aviation 2016 Annual Report Standing Committee Reports SB 9 The Finance Committee considered SENATE BILL NO. 9 "An Act relating to military facility zones" and recommended it be replaced with 2017-02-15 Senate Journal Page 0259 CS FOR SENATE BILL NO. 9(FIN) "An Act relating to military facility zones; and providing for an effective date." Signing no recommendation: Senators Hoffman, MacKinnon, Cochairs; Senators Dunleavy, Olson. Signing do pass: Senators Bishop, von Imhof, Micciche. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Military and Veterans Affairs The bill was referred to the Rules Committee. SR 3 The Education Committee considered SENATE RESOLUTION NO. 3 Proclaiming February 2017 as Black History Month. Signing do pass: Senator Hughes, Chair; Senators Begich, Giessel, Stevens. The resolution was referred to the State Affairs Committee. Introduction and Reference of Senate Bills SB 50 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 50 BY SENATOR GIESSEL, entitled: "An Act relating to fees for the sale or installation of studded tires; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. SB 59 SENATE BILL NO. 59 BY SENATOR WIELECHOWSKI, entitled: "An Act relating to a veteran's designation on an identification card or a driver's license for Hmong veterans and Lao veterans." was read the first time and referred to the State Affairs and Finance Committees. 2017-02-15 Senate Journal Page 0260 SB 60 SENATE BILL NO. 60 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to sport fishing, hunting, or trapping licenses, tags, or permits; relating to penalties for certain sport fishing, hunting, and trapping license violations; relating to restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating violations and amending fines and restitution for certain fish and game offenses; creating an exemption from payment of restitution for certain unlawful takings of big game animals; relating to commercial fishing violations; allowing lost federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of restitution; adding a definition of 'electronic form'; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Fish and Game Fiscal Note No. 2, zero, Department of Public Safety Governor's transmittal letter dated February 14: Dear President Kelly: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to penalties for certain sport fishing, hunting, and trapping license violations; relating to the restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating violations and amending fines and restitution for certain fish and game offenses; creating an exemption from payment of restitution for certain unlawful takings of big game animals; relating to commercial fishing violations; allowing lost federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of restitution; and adding a definition of 'electronic form'. 2017-02-15 Senate Journal Page 0261 The bill would allow a person to correct a citation for not having a sport fishing, hunting, or trapping license, tag, or permit on their person, by bringing a copy of the license, tag, or permit that was valid at the time of the citation to the office of the citing officer or to court. There are many reasons why a person may not have a fishing, hunting, or trapping license on their person in the field. This provision would prevent what may have been an honest mistake from turning into an unnecessary conviction. In addition, the bill would allow a person to show actual possession of a license or permit in paper or electronic form. Electronic form would mean the display of a license or permit on an electronic device, such as a mobile telephone, tablet, or computer. However, tags are not conducive to display in electronic format, and therefore are excluded from this provision. In order to better manage issuance of a fishing, hunting, or trapping license, if a person has had their fishing, hunting, or trapping privileges revoked or suspended in this or any other state, this bill would prohibit them from obtaining a fishing, hunting, or trapping license in Alaska. A person should not be able to avoid sanctions merely by obtaining another license. The bill also gives greater discretion to prosecutors and law enforcement by allowing almost all fish and game offenses to be charged as violations rather than criminal offenses. Currently, if a person violates certain fish and game laws, they can only be charged with a criminal offense. A criminal conviction is not always appropriate, nor is it necessarily the best outcome for the State or the offender. By creating the option of a violation where the offender acts without any culpable mental state, prosecutors and law enforcement can more appropriately enforce the State's fish and game laws while maximizing public use and enjoyment. One of the ways Alaska manages its fish and game resources is through the sale of hunting and fishing licenses. The sale of licenses helps track the harvest of resources and sustains important conservation and management programs. Under the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs, the State receives significant federal funding for fish and game management 2017-02-15 Senate Journal Page 0262 activities that is matched at a 3:1 ratio using license revenue. When a person fails to obtain a license, the State loses an important funding source used to manage fish and game resources. The bill would allow the State to collect restitution when a person fails to obtain a lawful hunting or fishing license, including lost federal funds. The bill also increases the strict liability fine limits on commercial fishing violations as well as restitution amounts for unlawfully taking an animal. The increased fines and restitution amounts are necessary to ensure that more people can use and enjoy the resource by deterring illegal fishing and hunting that harms other users. Protecting the proper use of Alaska's resources is one of our most important responsibilities. I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor SB 61 SENATE BILL NO. 61 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the Izembek State Game Refuge, Cape Newenham State Game Refuge, Palmer Hay Flats State Game Refuge, Port Moller Critical Habitat Area, Egegik Critical Habitat Area, Pilot Point Critical Habitat Area, Fox River Flats Critical Habitat Area, Kachemak Bay Critical Habitat Area, and Dude Creek Critical Habitat Area; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Resources Committees. 2017-02-15 Senate Journal Page 0263 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Fish and Game Fiscal Note No. 2, zero, Department of Fish and Game Governor's transmittal letter dated February 14: Dear President Kelly: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to certain State game refuges and critical habitat areas (collectively called special areas), namely Izembek State Game Refuge, Cape Newenham State Game Refuge, Palmer Hay Flats State Game Refuge, Port Moller Critical Habitat Area, Egegik Critical Habitat Area, Pilot Point Critical Habitat Area, Fox River Flats Critical Habitat Area, Kachemak Bay Critical Habitat Area, and Dude Creek Critical Habitat Area. The bill would correct technical errors or minor omissions in the legal boundary descriptions of eight legislatively-designated special areas and would incorporate parcels of land adjacent into another critical habitat area. Egegik, Pilot Point, and Port Moller Critical Habitat Areas have either typographical errors in the original legal descriptions from the 1970s, or were described from a map with a typographical error. The bill would shift the boundaries to correct these errors with no net change in acreage. Izembek State Game Refuge, Cape Newenham State Game Refuge, and Fox River Flats Critical Habitat Area have small tideland areas within their larger boundaries that were likely excluded from the original legal description due to the mapping of shorelines at the time the areas were created. The bill would incorporate omitted areas by adding 778 acres to the Izembek State Game Refuge, 415 acres to the Cape Newenham State Game Refuge, and 285 acres to the Fox River Flats Critical Habitat Area. Palmer Hay Flats State Game Refuge has small portions of abandoned and current stream channels that were initially excluded from the refuge due to platted descriptions of streambanks. By adding these lands, the bill would add 398 acres to the Refuge. Kachemak Bay Critical Habitat Area has a small portion of tidelands that appears to have been inadvertently excluded from the statutory description. The bill would incorporate 230 acres of tidelands into the critical habitat area. 2017-02-15 Senate Journal Page 0264 Through the aforementioned amendments, the bill would: 1) correct errors and properly describe areas intended for habitat protection; 2) eliminate the confusing patchwork of land status within these refuges and critical habitat areas; 3) create contiguous, inclusive boundaries that better reflect the original legislative intent of the designations; 4) remove lands inadvertently included in critical habitat areas that were not appropriate for habitat protections, and eliminate permitting requirements for such lands; and 5) clarify management and enforcement of the applicable statutes and regulations governing the subject special areas. In addition, the bill would add several tracts of wetlands, consisting of approximately 1,439 acres, to the Dude Creek Critical Habitat Area. These tracts of lands are located adjacent to the current boundaries of the Dude Creek Critical Habitat Area and were acquired by The Nature Conservancy in 2004 from the Alaska Mental Health Trust Authority through the U.S. Fish and Wildlife Service's National Coastal Wetland Conservation Grant Program and then donated to the State of Alaska specifically for the purpose of becoming part of the Critical Habitat Area. After acquiring title for these parcels in 2004, the Alaska Department of Natural Resources issued full management authority to the Alaska Department of Fish and Game (ADF&G) to manage the lands consistent with the conservation purposes for which the State acquired the property and with the policies of the Dude Creek Critical Habitat Area. The bill would give ADF&G the authority to effectively regulate these parcels and would be the final step in this cooperative process between State, local, and federal agencies. I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor 2017-02-15 Senate Journal Page 0265 Consideration of the Calendar Second Reading of Senate Bills SB 3 SENATE BILL NO. 3 "An Act relating to the regulation of wastewater discharge from small commercial passenger vessels in state waters; relating to art requirements for certain public facilities; and providing for an effective date" was read the second time. President Kelly stated SENATE BILL NO. 3 will advance to third reading on the February 17 calendar. Citations Honoring - Robert "Beau" Bassett Senator(s) Gardner, Kelly, Begich, Bishop, Coghill, Costello, Dunleavy, Egan, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski Representative(s) Drummond In Memoriam - Carole Ann Dixon Representative(s) Wilson Senator(s) Coghill, Kelly, Begich, Bishop, Costello, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Senator Micciche moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Micciche moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. 2017-02-15 Senate Journal Page 0266 Special Order of Business Honoring - Armed Services YMCA of Alaska Senator(s) Costello, Kelly, Begich, Bishop, Coghill, Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Representative(s) Kawasaki Senator Micciche 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 Dunleavy moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 18 through morning plane time, February 21. Without objection, Senator Dunleavy was excused. Senator Coghill moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 18 through evening plane time, February 19. Without objection, Senator Coghill was excused. Senator Bishop moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 18 through 2:30 p.m. plane time, February 20. Without objection, Senator Bishop was excused. Senators Micciche, Meyer moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 24 through evening plane time, February 26. Without objection, Senators Micciche, Meyer were excused. Senator Wilson moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, February 24 through evening plane time, February 26. Without objection, Senator Wilson was excused. 2017-02-15 Senate Journal Page 0267 Senator Begich moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, April 26 through evening plane time, April 29. Without objection, Senator Begich was excused. SB 46 Senators Dunleavy, Micciche, von Imhof, Stedman moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 46 "An Act establishing October 25 of each year as African American Soldiers' Contribution to Building the Alaska Highway Day." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Adjournment Senator Micciche moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., February 17, 2017. Without objection, the Senate adjourned at 11:27 a.m. Liz Clark Secretary of the Senate 2017-02-15 Senate Journal Page 0268 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Feb 16 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 15 Wednesday Butrovich 205 8:00 AM + SR 3 FEBRUARY 2017: BLACK HISTORY MONTH -- Public Testimony -- Feb 17 Friday Butrovich 205 8:00 AM + Virtual Education from a Statewide Perspective Florida Virtual Schools Mike Bayba, New York State Distance Learning Consortium -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Feb 15 Wednesday Senate Finance 532 9:00 AM + SB 9 MILITARY FACILITY ZONES + SB 14 TRANSPORTATION NETWORK COMPANIES + Bills Previously Heard/Scheduled 2017-02-15 Senate Journal Page 0269 FINANCE (continued) Feb 16 Thursday Senate Finance 532 9:30 AM + University of Alaska FY18 Operating Budget Overview + Bills Previously Heard/Scheduled Feb 16 Thursday Senate Finance 532 1:30 PM + Department of Education and Early Development FY18 Operating Budget Overview + Bills Previously Heard/Scheduled Feb 17 Friday Senate Finance 532 8:30 AM + Department of Health and Social Services FY18 Operating Budget Overview + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 15 Wednesday Butrovich 205 1:30 PM += SB 36 OPTOMETRY & OPTOMETRISTS -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled: += SB 32 PRESCRIPTIONS FOR BIOLOGICAL PRODUCTS Feb 17 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 15 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 55 OMNIBUS CRIME/CORRECTIONS + SB 5 POLITICAL CONTRIBUTION LIMITS/PROHIBITION Feb 17 Friday Beltz 105 (tsbldg) 1:30 PM + SB 54 CRIME AND SENTENCING ---------------------------------------- 2017-02-15 Senate Journal Page 0270 LABOR & COMMERCE Feb 16 Thursday Beltz 105 (tsbldg) 1:30 PM + Innovating Alaska Presentations: Robert Tucker - "Innovation is Everybody's Business" University of Alaska - Inventions and Economic Opportunities Global Innovation Award Winners - First Lego League + Bills Previously Heard/Scheduled -- Public Testimony -- ---------------------------------------- RESOURCES Feb 15 Wednesday Senate Finance 532 12:00 PM -- Please Note Location & Time Change -- Joint Meeting with the House Resources Committee + Overview on Mining in the State of Alaska: Alaska Miners Association The Council of Alaska Producers -- Testimony <Invitation Only> -- Feb 15 Wednesday Butrovich 205 3:30 PM += SB 6 INDUSTRIAL HEMP PRODUCTION -- Public Testimony -- + Overview: State Legal Efforts Related to the Alaska National Interest Lands Conservation Act Department of Law -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Feb 17 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- 2017-02-15 Senate Journal Page 0271 STATE AFFAIRS Feb 16 Thursday Butrovich 205 3:30 PM += SB 21 PERMANENT FUND: INCOME; POMV; DIVIDENDS -- Testimony <Invitation Only> -- += SB 26 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 16 Thursday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 22 Wednesday Senate Finance 532 1:30 PM Overview of the Governor's FY18 Budget Feb 27 Monday Senate Finance 532 1:30 PM Agenda TBA Mar 01 Wednesday Senate Finance 532 1:30 PM Agenda TBA Mar 08 Wednesday Senate Finance 532 1:30 PM Tentative FY18 Subcommittee Budget Close-Out ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 21 Tuesday Butrovich 205 7:30 AM Overview of the Governor's FY18 Budget Dr. Michael Johnson, Commissioner Sana Efird, Deputy Commissioner Heidi Teshner, Director, Division of Administrative Services 2017-02-15 Senate Journal Page 0272 EDUCATION & EARLY DEVELOPMENT (continued) Feb 28 Tuesday Butrovich 205 7:30 AM Agenda TBA Mar 07 Tuesday Butrovich 205 7:30 AM Agenda TBA Mar 09 Thursday Butrovich 205 7:30 AM Tentative FY18 Subcommittee Budget Close-Out ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 16 Thursday Fahrenkamp 203 1:15 PM -- MEETING CANCELED -- + Governor's FY18 Budget Overview ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 17 Friday Senate Finance 532 11:00 AM Budget Overview Feb 21 Tuesday Senate Finance 532 1:30 PM Agenda to Follow Feb 23 Thursday Senate Finance 532 1:30 PM Agenda to Follow Feb 28 Tuesday Senate Finance 532 1:30 PM Agenda to Follow Mar 02 Thursday Senate Finance 532 1:30 PM Agenda to Follow Mar 07 Tuesday Senate Finance 532 1:30 PM Agenda to Follow Mar 09 Thursday Senate Finance 532 1:30 PM Agenda to Follow 2017-02-15 Senate Journal Page 0273 HEALTH & SOCIAL SERVICES (continued) Mar 14 Tuesday Senate Finance 532 1:30 PM Agenda to Follow Mar 16 Thursday Senate Finance 532 1:30 PM If Needed ---------------------------------------- LAW Feb 15 Wednesday Butrovich 205 5:30 PM Overview of the Governor's Proposed FY18 Budget Feb 27 Monday Butrovich 205 5:30 PM Agenda TBA Mar 01 Wednesday Butrovich 205 5:30 PM Agenda TBA Mar 08 Wednesday Butrovich 205 5:30 PM Tentative FY18 Subcommittee Budget Close-Out ---------------------------------------- UNIVERSITY OF ALASKA Feb 16 Thursday Beltz 105 (tsbldg) 11:15 AM -- MEETING CANCELED -- + Governor's FY18 Budget Overview Feb 23 Thursday Beltz 105 (tsbldg) 11:15 AM + Governor's FY18 Budget Overview ---------------------------------------- SPECIAL COMMITTEES SPECIAL CMTE ON THE ARCTIC Feb 17 Friday Butrovich 205 3:30 PM HJR 5 ENDORSING ANWR LEASING; RELATED ISSUES <Pending Introduction & Referral> -- Public Testimony -- ---------------------------------------- 2017-02-15 Senate Journal Page 0274 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Feb 23 Thursday Senate Finance 532 12:00 PM -- Teleconference <Listen Only> -- Audit Contracts - EXECUTIVE SESSION Other Committee Business - Legislative Audit - Mental Health Trust Audit - Oil & Gas Consultant Update ---------------------------------------- LEGISLATIVE COUNCIL Feb 15 Wednesday House Finance 519 7:00 AM + FY18 Proposed Budget + Subcommittee Assignments ---------------------------------------- OTHER MEETINGS JOINT SESSION Feb 22 Wednesday House Chamber 11:00 AM + Annual Address by the Honorable Lisa Murkowski, U.S. Senator Feb 24 Friday House Chamber 10:30 AM + Annual Address by the Honorable Dan Sullivan, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETING Feb 23 Thursday Butrovich 205 12:00 PM Lunch & Learn: Alaska Legal Services Corporation Presentation By Nikole Nelson, Executive Director & Jim Sandman, Legal Services Corp. President Sponsored by Senator Micciche 2017-02-15 Senate Journal Page 0275 MISCELLANEOUS MEETING (continued) Mar 22 Wednesday Capitol 106 12:00 PM Lunch & Learn Alaska Chapter of the American Foundation for Suicide Prevention Sponsored by Senator Hoffman