Legislature(2017 - 2018)

2017-03-22 Senate Journal

Full Journal pdf

2017-03-22                     Senate Journal                      Page 0597
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                            THIRTIETH LEGISLATURE                                                                            
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                   March 22, 2017                                                   
                                                                                                                                
                               Sixty-fifth Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Kelly at 11:04 a.m.                                                                                                             
                                                                                                                                
The roll showed nineteen members present. Senator Stevens was                                                                   
excused from a call of the Senate.                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, Father Pat Casey, Cathedral                                                             
of the Nativity of the Blessed Virgin Mary. Senator Hoffman moved                                                               
and asked unanimous consent that the prayer be spread. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
          Gracious God we come before you this day seeking                                                                      
          your Blessing on this body in this chamber, as they                                                                   
          deliberate the issues of this great state, we ask that we                                                             
          be mindful of all of the needs of its people and to                                                                   
          assist those who are in need especially the homeless                                                                  
          who are suffering because of the winter weather. We                                                                   
          give you thanks for the men and women who come                                                                        
                 here to serve the people of Alaska.   Amen.                                                                   
                                                                                                                                
Senator Meyer led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the                                                                     
journals for the sixty-third and sixty-fourth legislative days be                                                               
approved as certified by the Secretary. Without objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0598
                          Messages from the Governor                                                                         
                                                                                                                                
SB 91                                                                                                                         
Message was read stating the Governor signed the following bill on                                                              
March 21 and transmitted the engrossed and enrolled copies to the                                                               
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
            CS FOR SENATE BILL NO. 91(HSS) "An Act                                                                              
            relating to the opioid epidemic; authorizing the                                                                    
            chief medical officer of the Department of                                                                          
            Health and Social Services to issue a standing                                                                      
            order for the prescription of an opioid overdose                                                                    
            drug; and providing for an effective date."                                                                         
                                                                                                                                
                             Chapter 1, SLA 2017                                                                               
                         Effective Date: See Chapter                                                                           
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated March 20 was read stating the House passed and                                                                    
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 59                                                                                                                         
CS FOR HOUSE BILL NO. 59(FIN) BY THE HOUSE FINANCE                                                                              
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
            "An Act making appropriations for the                                                                               
            operating and capital expenses of the state's                                                                       
            integrated comprehensive mental health                                                                              
            program; and providing for an effective date."                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0599
                          Standing Committee Reports                                                                         
                                                                                                                                
Report dated March 16 was read stating:                                                                                         
                                                                                                                                
In accordance with AS 39.05.080, the State Affairs Committee                                                                    
reviewed the following and recommends the appointments be                                                                       
forwarded to a joint session for consideration:                                                                                 
                                                                                                                                
Alaska Police Standards Council                                                                                               
Luis Nieves - Dillingham                                                                                                        
Ronda Wallace - Kodiak                                                                                                          
                                                                                                                                
This does not reflect an intent by any of the members to vote for or                                                            
against the confirmation of the individuals during any further sessions.                                                        
                                                                                                                                
Signing the report: Senator Dunleavy, Chair; Senators Egan, Coghill,                                                            
Giessel, Wilson.                                                                                                                
                                                                                                                                
SB 6                                                                                                                          
The Judiciary Committee considered SENATE BILL NO. 6 "An Act                                                                    
relating to industrial hemp; and relating to controlled substances" and                                                         
recommended it be replaced with                                                                                                 
                                                                                                                                
      CS FOR SENATE BILL NO. 6(JUD) "An Act relating to                                                                         
      the regulation and production of industrial hemp; relating to                                                             
      industrial hemp pilot programs; providing that industrial                                                                 
      hemp is not included in the definition of 'marijuana'; and                                                                
      clarifying that adding industrial hemp to food does not                                                                   
      create an adulterated food product."                                                                                      
                                                                                                                                
Signing do pass: Senator Coghill, Chair; Senators Kelly, Meyer,                                                                 
Costello, Wielechowski.                                                                                                         
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 5, zero, Department of Public Safety                                                                       
     Fiscal Note No. 6, zero, Department of Law                                                                                 
          Fiscal Note No. 7, zero, Department of Commerce, Community                                                           
      and Economic Development                                                                                                  
     Fiscal Note No. 8, zero, Department of Public Safety                                                                       
     Fiscal Note No. 9, Department of Natural Resources                                                                         
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0600
SB 55                                                                                                                         
The Judiciary Committee considered SENATE BILL NO. 55 "An Act                                                                   
relating to criminal law and procedure; relating to controlled                                                                  
substances; relating to sentencing; relating to the period of probation;                                                        
relating to revocation, termination, suspension, cancellation, or                                                               
restoration of a driver's license; relating to parole; relating to the duties                                                   
of the Department of Corrections and the Department of Health and                                                               
Social Services; and providing for an effective date" and                                                                       
recommended it be replaced with                                                                                                 
                                                                                                                                
             CS FOR SENATE BILL NO. 55(JUD) "An Act                                                                             
             relating to criminal law and procedure; relating                                                                   
             to controlled substances; relating to sentencing;                                                                  
             relating to protective orders; relating to                                                                         
             restitution; relating to the period of probation;                                                                  
             relating to revocation, termination, suspension,                                                                   
             cancellation, or restoration of a driver's license;                                                                
             relating to parole; relating to the duties of the                                                                  
             Department of Corrections and the Department                                                                       
             of Health and Social Services; and providing                                                                       
             for an effective date."                                                                                            
                                                                                                                                
Signing do pass: Senator Coghill, Chair; Senators Wielechowski,                                                                 
Costello, Meyer, Kelly.                                                                                                         
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Department of Public Safety                                                                       
     Fiscal Note No. 2, zero, Department of Corrections                                                                         
     Fiscal Note No. 3, zero, Department of Administration                                                                      
     Fiscal Note No. 4, zero, Department of Health and Social Services                                                          
     Fiscal Note No. 5, zero, Department of Administration                                                                      
     Fiscal Note No. 6, zero, Department of Administration                                                                      
     Fiscal Note No. 7, zero, Department of Law                                                                                 
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 71                                                                                                                         
The Labor and Commerce Committee considered SENATE BILL                                                                         
NO. 71 "An Act relating to limitations on certain commercial fishing                                                            
loans made by the Department of Commerce, Community, and                                                                        

2017-03-22                     Senate Journal                      Page 0601
Economic Development." Signing do pass: Senator Costello, Chair;                                                                
Senator Gardner. Signing no recommendation: Senators Hughes,                                                                    
Meyer.                                                                                                                          
                                                                                                                                
The following fiscal information was published today:                                                                           
          Fiscal Note No. 1, zero, Department of Commerce, Community                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 77                                                                                                                         
The Community and Regional Affairs Committee considered                                                                         
SENATE BILL NO. 77 "An Act relating to service areas in second                                                                  
class boroughs; and providing for an effective date." Signing do pass:                                                          
Senator Bishop, Chair; Senators MacKinnon, Gardner, Hoffman.                                                                    
Signing no recommendation: Senator Stedman.                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
          Fiscal Note No. 1, zero, Department of Commerce, Community                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the State Affairs Committee.                                                                           
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 14                                                                                                                         
SENATE BILL NO. 14 "An Act relating to transportation network                                                                   
companies and transportation network company drivers" was read the                                                              
second time.                                                                                                                    
                                                                                                                                
Senator MacKinnon, Cochair, moved and asked unanimous consent                                                                   
for the adoption of the Finance Committee Substitute offered on page                                                            
448. Senator Gardner objected, then withdrew her objection. There                                                               
being no further objection, CS FOR SENATE BILL NO. 14(FIN) "An                                                                  
Act relating to transportation network companies and transportation                                                             
network company drivers; and providing for an effective date" was                                                               
adopted.                                                                                                                        
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0602
President Kelly stated CS FOR SENATE BILL NO. 14(FIN) will                                                                      
advance to third reading on the March 23 calendar.                                                                              
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Tommie Baker                                                                                                         
Representative(s) LeDoux                                                                                                        
Senator(s) Wielechowski, Kelly, Begich, Bishop, Coghill, Costello,                                                              
Dunleavy, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon,                                                                   
Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wilson                                                                     
                                                                                                                                
Honoring - Chief Master Sergeant George "Bernie" Kale                                                                           
Representative(s) Tilton                                                                                                        
Senator(s) Hughes, Kelly, Begich, Bishop, Coghill, Costello,                                                                    
Dunleavy, Egan, Gardner, Giessel, Hoffman, MacKinnon, Meyer,                                                                    
Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski,                                                                     
Wilson                                                                                                                          
                                                                                                                                
Honoring - Delaina Rachelle Pugh                                                                                                
Representative(s) Tilton                                                                                                        
Senator(s) Hughes, Kelly, Begich, Bishop, Coghill, Costello,                                                                    
Dunleavy, Egan, Gardner, Giessel, Hoffman, 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.                                                                                      
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Olson moved and asked unanimous consent to be excused                                                                   
from a call of the Senate on March 23 and 24. Without objection,                                                                
Senator Olson was excused.                                                                                                      
                                                                                                                                
Senator Begich moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from evening plane time, March 24 through                                                             
evening plane time, March 26. Without objection, Senator Begich was                                                             
excused.                                                                                                                        
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0603
President Kelly made the following appointments:                                                                                
                                                                                                                                
Bond Reimbursement and Grant Review Committee                                                                                 
Senator MacKinnon                                                                                                               
                                                                                                                                
Native Language Preservation Advisory Council                                                                                 
Senator Olson                                                                                                                   
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the Senate                                                              
stand in adjournment until 11:00 a.m., March 23, 2017. Without                                                                  
objection, the Senate adjourned at 11:21 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0604
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                                                                                                                
                         COMMUNITY & REGIONAL AFFAIRS                                                                        
                                                                                                                                
Mar 23        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Mar 22        Wednesday                       Butrovich 205           8:00 AM                                                 
+ SB  87 SCHOOL CONSTRUCTION ENERGY EFFICIENCY STD                                                                              
              -- Testimony <Invitation Only> --                                                                                 
+ SB  96 EDUCATION:SCHOOLS/TEACHERS/FUNDING                                                                                     
              -- Testimony <Invitation Only> --                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Mar 23        Thursday                    Beltz 105 (tsbldg)          8:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Mar 24        Friday                          Butrovich 205           8:00 AM                                                 
+ SB  78 PERM FUND DIVIDEND CONTRIBUTIONS/LOTTERY                                                                               
              -- Testimony <Invitation Only> --                                                                                 
+= SB  96 EDUCATION:SCHOOLS/TEACHERS/FUNDING                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0605
                                   FINANCE                                                                                   
                                                                                                                                
Mar 22        Wednesday                 Senate Finance 532            9:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+= SB  22 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= SB  24 APPROP: MENTAL HEALTH BUDGET                                                                                          
+= HB  57 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
              <Pending Introduction & Referral>                                                                                 
+= HB  59 APPROP: MENTAL HEALTH BUDGET                                                                                          
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Mar 23        Thursday                  Senate Finance 532            9:00 AM                                                 
+ SB  31 NO ST. EMPLOYEE PAY INCREASE FOR 2 YRS                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
+= HB  57 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
              <Pending Introduction & Referral>                                                                                 
+= HB  59 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
Mar 24        Friday                    Senate Finance 532            9:00 AM                                                 
+ SB  66 ST. COUNCIL ON THE ARTS: PUBLIC CORP.                                                                                  
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Mar 22        Wednesday                       Butrovich 205           1:30 PM                                                 
+             Presentation: Departmental Overview, Office of                                                                    
              Children's Services                                                                                               
              -- Testimony <Invitation Only> --                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Mar 24        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Mar 22        Wednesday                   Beltz 105 (tsbldg)          1:30 PM                                                 
+= SB  69 MISCONDUCT INVOLVING WEAPONS 5TH DEGREE                                                                               
              <Bill Hearing Canceled>                                                                                           
+ SB  60 FISH & GAME: OFFENSES;LICENSES;PENALTIES                                                                               
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                

2017-03-22                     Senate Journal                      Page 0606
                            JUDICIARY (continued)                                                                            
                                                                                                                                
Mar 24        Friday                      Beltz 105 (tsbldg)          1:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+ HB  24 LIST U-47700 AS A CONTROLLED SUBSTANCE                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Mar 23        Thursday                    Beltz 105 (tsbldg)          1:30 PM                                                 
+             Governor's Appointees to State Boards and Commissions:                                                            
              Alaska Labor Relations Agency                                                                                     
              Alcoholic Beverage Control Board                                                                                  
              Marijuana Control Board                                                                                           
              Board of Certified Direct-Entry Midwives                                                                          
              Board of Examiners in Optometry                                                                                   
              Board of Nursing                                                                                                  
              <Above Items Removed from Agenda>                                                                                 
+ SB  80 TELECOMMUNICATIONS: DISABLED SUBSCRIBERS                                                                               
              <Bill Hearing Canceled>                                                                                           
              -- Public Testimony --                                                                                            
+ SB  85 AK WORKFORCE INVESTMENT BOARD;FUNDS                                                                                    
              <Bill Hearing Canceled>                                                                                           
              -- Public Testimony --                                                                                            
+             Bills Previously Heard/Scheduled:                                                                                 
              -- Public Testimony --                                                                                            
+= SB  79 OPIOIDS;PRESCRIPTIONS;DATABASE;LICENSES                                                                               
              -- Public Testimony --                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Mar 22        Wednesday                       Butrovich 205           3:30 PM                                                 
+             Consideration of Governor's Appointees:                                                                           
              Board of Game                                                                                                     
              - Karen Linnell                                                                                                   
              - Tom Lamall                                                                                                      
                -- Public Testimony on Appointees --                                                                            
+ SB  88 AK MENTAL HEALTH TRUST LAND EXCHANGE                                                                                   
              -- Public Testimony --                                                                                            
+             Bills Previously Heard/Scheduled:                                                                                 
+= SB  58 DEPT OF LAW: ADVOCACY BEFORE FERC                                                                                     

2017-03-22                     Senate Journal                      Page 0607
                            RESOURCES (continued)                                                                            
                                                                                                                                
Mar 24        Friday                          Butrovich 205           3:30 PM                                                 
+             Overview: Alaska's Seafood Industry                                                                               
              Department of Commerce, Community and Economic                                                                    
              Development                                                                                                       
              Department of Fish & Game                                                                                         
              Alaska Seafood Marketing Institute                                                                                
              Presentation from Private Sector Stakeholders                                                                     
              -- Testimony <Invitation Only> --                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Mar 23        Thursday                        Butrovich 205           3:30 PM                                                 
+= HB   3 NATL GUARD LEAVE/REEMPLOYMENT RIGHTS                                                                                  
              -- Public Testimony --                                                                                            
+ SB   8 PFD CONTRIBUTIONS TO TRIBAL GOVERNMENTS                                                                                
              Bill Hearing Postponed to 3/28/17                                                                                 
              -- Testimony <Invitation Only> --                                                                                 
+ HB  78 INDIGENOUS PEOPLES DAY                                                                                                 
              Bill Hearing Postponed to 3/28/17                                                                                 
              -- Testimony <Invitation Only> --                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Mar 23        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                           ARMED SERVICES COMMITTEE                                                                          
                                                                                                                                
Mar 23        Thursday                  Senate Finance 532          11:30 AM                                                  
+             Briefings by:                                                                                                     
              Lieutenant General Kenneth S. Wilsbach                                                                            
              - Commander, Alaskan North American Aerospace                                                                     
                Command Region                                                                                                  
              - Commander, Alaskan Command, U.S. Northern Command                                                               
              - Commander, Eleventh Air Force                                                                                   
   (continued on next page)                                                                                                   

2017-03-22                     Senate Journal                      Page 0608
                     ARMED SERVICES COMMITTEE (continued)                                                                    
                                                                                                                                
   (continued from previous page)                                                                                             
              Major General Bryan R. Owens                                                                                      
              - Commanding General, U.S. Army AK                                                                                
              Rear Admiral Michael F. McAllister                                                                                
              - Commander, Seventeenth U.S. Coast Guard District                                                                
              Major General Laurel J. Hummel                                                                                    
              - The Adjutant General, AK National Guard                                                                         
              - Commissioner, AK Dept. of Military & Veterans'                                                                  
              Affairs                                                                                                           
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                            MISCELLANEOUS MEETINGS                                                                           
                                                                                                                                
Mar 22        Wednesday                          Capitol 106         12:00 PM                                                 
              Lunch & Learn:                                                                                                    
              Alaska Chapter of the American Foundation for                                                                     
              Suicide Prevention                                                                                                
              Sponsored by Senator Hoffman                                                                                      
                                                                                                                                
Mar 28        Tuesday                         Butrovich 205          12:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
              Lunch & Learn:                                                                                                    
              Presentation by Coastal Mayors on                                                                                 
              "Importance of the Alaska Marine Highway System"                                                                  
              Sponsored by Senator Stevens