Legislature(2017 - 2018)
2018-01-31 Senate Journal
Full Journal pdf2018-01-31 Senate Journal Page 1867 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday January 31, 2018 Sixteenth Day Pursuant to adjournment the Senate was called to order by President Kelly at 11:06 a.m. The roll showed sixteen members present. Senator von Imhof was excused from a call of the Senate. Senators Coghill, Giessel were absent. The seat from District E was vacant. Senator Micciche moved and asked unanimous consent Senators Coghill, Giessel be excused from a call of the Senate today. Without objection, Senators Coghill, Giessel were excused. The prayer was offered by the Chaplain, Pastor Tari Stage-Harvey, Shepherd of the Valley Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. May the eclipse of the moon remind us of the many obstacles that keep the light of grace and love from shining in this world. I confess the times being right has been more important than being in right relationship; I confess my pride that has kept me from learning, changing, reaching out. I confess my hardness of heart that tries to protect me from the suffering of this world. And I confess my bondage to fear . . . fear of death, of scarcity, of failure. 2018-01-31 Senate Journal Page 1868 May we all be set free in the fullness of grace to live reconciled to each other, humble about our faults, to live with contrite hearts open to change, and courage to face the challenges before us. O God of abundance, open your hand and fill all the empty spaces of our souls, open your hand and remove the obstacles that block your light. Amen. Senator Wielechowski led the Senate in the Pledge of Allegiance. Certification Senator Micciche moved and asked unanimous consent that the journals for the fourteenth and fifteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following reports are on file in the Office of the Secretary of the Senate: Department of Environmental Conservation Alaska Drinking Water Fund and Clean Water Loan Fund Annual Loan Fund Report - 2017 in accordance with AS 37.05.035 Department of Education and Early Development State Board of Education and Early Development Report to the Alaska Legislature January 2018 in accordance with AS 14.07.168 Department of Natural Resources Division of Oil and Gas 2017 Leasing Activity Report with 5 Year Proposed Leasing Activities in accordance with AS 38.05.180 2018-01-31 Senate Journal Page 1869 Department of Health and Social Services Annual Report FY 2017 in accordance with AS 18.05.020 Department of Commerce, Community and Economic Development National Petroleum Reserve-Alaska Impact Mitigation Grant Program Report to the Second Session of the Thirtieth Alaska Legislature January 2018 in accordance with AS 37.05.530 Alaska Energy Authority: Bradley Lake Hydroelectric Project Alaska Intertie Project Annual Capital Project Status Reports January 31, 2018 in accordance with AS 44.83.950 Renewable Energy Fund Status Report January 2018 in accordance with AS 42.45.045 Standing Committee Reports SB 8 The State Affairs Committee considered SENATE BILL NO. 8 "An Act allowing federally recognized tribal governments to receive contributions from permanent fund dividends" and recommended it be replaced with CS FOR SENATE BILL NO. 8(STA) Signing do pass: Senator Meyer, Chair; Senators Wilson, Egan. Signing no recommendation: Senator Giessel. 2018-01-31 Senate Journal Page 1870 The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. SB 125 The Community and Regional Affairs Committee considered SENATE BILL NO. 125 "An Act relating to the financing and issuance of bonds for a liquefied natural gas production system and natural gas distribution system; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 125(CRA) "An Act extending the expiration date of the authorization to finance and issue bonds through the Alaska Industrial Development and Export Authority for a liquefied natural gas production system and natural gas distribution system for an Interior energy project; and providing for an effective date." Signing do pass: Senator Bishop, Chair; Senators Gardner, Stedman, Hoffman. Signing no recommendation: Senator MacKinnon. 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 126 The Labor and Commerce Committee considered SENATE BILL NO. 126 "An Act providing for an exception to the regulation of the practice of medicine for a physician who provides medical services to an athletic team from another state." Signing do pass: Senator Costello, Chair; Senators Micciche, Meyer, Gardner. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development President Kelly added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. 2018-01-31 Senate Journal Page 1871 SB 154 The State Affairs Committee considered SENATE BILL NO. 154 "An Act relating to contributions from permanent fund dividends to the general fund." Signing do pass: Senator Meyer, Chair; Senators Wilson, Egan. Signing no recommendation: Senator Giessel. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, Department of Revenue The bill was referred to the Finance Committee. HB 43 The Health and Social Services Committee considered CS FOR HOUSE BILL NO. 43(JUD) "An Act relating to prescribing, dispensing, and administering an investigational drug, biological product, or device by physicians for patients who are terminally ill for the purpose of sustaining the patient's life; providing immunity related to manufacturing, distributing, or providing investigational drugs, biological products, or devices; and relating to licensed health care facility requirements." Signing do pass: Senator von Imhof, Vice Chair; Senators Begich, Giessel. Signing no recommendation: Senator Micciche. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development The bill was referred to the Judiciary Committee. HB 102 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 102(EDC) "An Act relating to instruction in a language other than English; and relating to limited teacher certificates." Signing do pass: Senator Costello, Chair; Senator Gardner. Signing no recommendation: Senators Micciche, Meyer. 2018-01-31 Senate Journal Page 1872 The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Education and Early Development The bill was referred to the Education Committee. HB 114 The Labor and Commerce Committee considered HOUSE BILL NO. 114 "An Act relating to boiler and unfired pressure vessel inspection reports and fees." Signing do pass: Senator Costello, Chair; Senators Micciche, Meyer, Gardner. The following fiscal information was published today: Fiscal Note No. 2, Department of Labor and Workforce Development The bill was referred to the Finance Committee. HB 121 The Labor and Commerce Committee considered HOUSE BILL NO. 121 "An Act relating to occupational safety and health enforcement penalties; and providing for an effective date." Signing no recommendation: Senator Costello, Chair; Senators Micciche, Meyer. Signing do pass: Senator Gardner. The following fiscal information was published today: Fiscal Note No. 2, Department of Labor and Workforce Development The bill was referred to the Finance Committee. HB 124 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 124(FIN) "An Act relating to corporations, including benefit corporations, and other entities; and providing for an effective date." Signing do pass: Senator Costello, Chair; Senator Gardner. Signing no recommendation: Senators Micciche, Meyer. 2018-01-31 Senate Journal Page 1873 The following fiscal information was published today: Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. HB 208 The Labor and Commerce Committee considered HOUSE BILL NO. 208 "An Act relating to trusts and powers of appointment; and providing for an effective date." Signing do pass: Senator Costello, Chair; Senator Meyer. Signing no recommendation: Senators Micciche, Gardner. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Law The bill was referred to the Judiciary Committee. SJR 4 The Resources Committee considered SENATE JOINT RESOLUTION NO. 4 Urging the Alaska Congressional delegation to introduce bills to provide for the exemption of legally acquired walrus, mammoth, and mastodon ivory from laws that ban the sale, use, and possession of ivory, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 4(RES) Urging the United States Congress to pass legislation providing for the exemption of legally acquired walrus, mammoth, and mastodon ivory from laws that ban the sale, use, and possession of ivory. Signing do pass: Senator Giessel, Chair; Senators Wielechowski, Coghill, von Imhof, Stedman, Meyer. The following fiscal information was published today: Fiscal Note No. 2, zero, Senate Resources Committee The resolution was referred to the Rules Committee. 2018-01-31 Senate Journal Page 1874 HJR 12 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 12(FSH) Opposing the United States Food and Drug Administration's approval of AquaBounty AquAdvantage genetically engineered salmon; and urging the United States Congress to enact legislation that requires prominently labeling genetically engineered salmon and salmon products with the words "Genetically Modified" on the product's packaging. Signing do pass: Senator Giessel, Chair; Senator Wielechowski. Signing no recommendation: Senators Coghill, von Imhof, Stedman, Meyer. The following fiscal information was published today: Fiscal Note No. 2, zero, Senate Resources Committee The resolution was referred to the Rules Committee. HCR 8 The Labor and Commerce Committee considered HOUSE CONCURRENT RESOLUTION NO. 8 am Expressing the strong support of the Alaska State Legislature for the Kodiak Seafood and Marine Science Center; and urging the University of Alaska to find a solution to keep the Kodiak Seafood and Marine Science Center operating as a stable resource in the state. Signing do pass: Senator Costello, Chair; Senator Gardner. Signing no recommendation: Senators Micciche, Meyer. The following fiscal information was published today: Fiscal Note No. 2, zero, Legislative Agency The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 167 SENATE BILL NO. 167 BY SENATOR COGHILL, entitled: 2018-01-31 Senate Journal Page 1875 "An Act exempting identifying information of a person who reports criminal activity from disclosure as public records." was read the first time and referred to the Judiciary Committee. SB 168 SENATE BILL NO. 168 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making supplemental appropriations and other appropriations; making an appropriation to capitalize a fund; amending appropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated January 29: Dear President Kelly: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill relating to supplemental appropriations for the State's operating and capital budgets for Fiscal Year 2018 (FY 2018). A limited number of requests that were not anticipated when the FY 2019 Governor's budget was submitted on December 15, 2017 are being submitted for your consideration. Capitalization of the Disaster Relief Fund, shortfalls in the Office of Children's Services, payments required to meet federal maintenance of effort, and Permanent Fund Corporation investment management fees constitute the largest portion of the supplemental request. While the supplemental items included in the December 15, 2017 budget primarily represent items that were knowingly underfunded at enactment of the FY2018 budget, the items included in this bill represent unexpected shortfalls in their respective programs. 2018-01-31 Senate Journal Page 1876 Two bargaining unit contracts for fiscal year 2018 have been negotiated and are included for legislative approval, however neither have a budgetary impact. A reduction to the State costs for the Alaska Reinsurance Program is included which reflects the transfer to the program made by Premera. Thank you for your consideration of this bill. Sincerely, /s/ Bill Walker Governor SB 169 SENATE BILL NO. 169 BY SENATOR GIESSEL, entitled: "An Act relating to the definition of 'supervision or direct supervision' for purposes of medical assistance coverage of behavioral health clinic services." was read the first time and referred to the Health and Social Services Committee. SB 170 SENATE BILL NO. 170 BY SENATORS KELLY, Wilson, Hughes, entitled: "An Act extending the Alaska senior benefits payment program." was read the first time and referred to the Health and Social Services and Finance Committees. 2018-01-31 Senate Journal Page 1877 Unfinished Business HB 76 Senator Stevens moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 76(FSH) "An Act relating to the mariculture revolving loan fund and loans and grants from the fund; and providing for an effective date." Without objection, it was so ordered. HB 128 Senator Stevens moved and asked unanimous consent to be shown as a cross sponsor on HOUSE BILL NO. 128 "An Act relating to management of enhanced stocks of shellfish; authorizing certain nonprofit organizations to engage in shellfish enhancement projects; relating to application fees for salmon hatchery permits; and providing for an effective date." Without objection, it was so ordered. HB 56 Senator Stevens moved and asked unanimous consent to be shown as a cross sponsor on HOUSE BILL NO. 56 "An Act relating to limitations on certain commercial fishing loans made by the Department of Commerce, Community, and Economic Development." Without objection, it was so ordered. SB 160 Senators Gardner, Wielechowski, Hughes, Costello, Wilson, Stevens moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 160 "An Act relating to the regulation of broadband Internet; and making certain actions by broadband Internet service providers unlawful acts or practices under the Alaska Unfair Trade Practices and Consumer Protection Act." Without objection, it was so ordered. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate from February 4 through plane time, February 5. Without objection, Senator Hoffman was excused. 2018-01-31 Senate Journal Page 1878 SJR 12 Senators Costello, Hughes, Wilson moved and asked unanimous consent to be shown as cosponsors on SENATE JOINT RESOLUTION NO. 12 Urging the United States Congress to overturn the Federal Communication Commission's order ending net neutrality. Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Special Orders The Senate honored Pamela Varni for her years of dedicated service as the Executive Director of the Legislative Affairs Agency. A bouquet was presented and Pam was given the privilege of the floor. Adjournment Senator Micciche moved and asked unanimous consent the Senate stand in adjournment until 10:30 a.m., February 2, 2018. Without objection, the Senate adjourned at 11:36 a.m. Liz Clark Secretary of the Senate 2018-01-31 Senate Journal Page 1879 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 01 Thursday Beltz 105 (tsbldg) 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Jan 31 Wednesday Butrovich 205 8:00 AM += SB 99 PRE-ELEMENTARY PROGRAMS/FUNDING -- Testimony <Invited and Public> -- -- <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 02 Friday Butrovich 205 8:00 AM + Bills Previously Heard/Scheduled -- Testimony <Invited and Public> -- **Streamed live on AKL.tv** ---------------------------------------- FINANCE Jan 31 Wednesday Senate Finance 532 9:00 AM + Presentation: Medicaid Cost Drivers and Reform Update Margaret Brodie, Director, Division of Health Care Services, Department of Health and Social Services Monique Martin, Health Care Policy Advisor Department of Health and Social Services + Bills Previously Heard/Scheduled 2018-01-31 Senate Journal Page 1880 FINANCE (continued) Feb 01 Thursday Senate Finance 532 9:00 AM + Presentation: Medicaid Cost Drivers and Reform Update Margaret Brodie, Director, Division of Health Care Services, Department of Health and Social Services Monique Martin, Health Care Policy Advisor Department of Health and Social Services + Bills Previously Heard/Scheduled Feb 02 Friday Senate Finance 532 9:00 AM += SB 4 NON-CHEMICAL BARBERING;HAIR BRAIDING + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Jan 31 Wednesday Butrovich 205 1:30 PM + Presentation: Governor's Council on Disabilities and Special Education -- Testimony <Invitation Only> -- + SB 128 MARIJUANA EDU/TREATMENT FUND/PROGRAM -- Testimony <Invited and Public> -- Feb 02 Friday Butrovich 205 1:30 PM += SB 128 MARIJUANA EDU/TREATMENT FUND/PROGRAM + SB 81 DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK -- Testimony <Invited and Public> -- + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Jan 31 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Feb 02 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Feb 05 Monday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled 2018-01-31 Senate Journal Page 1881 JUDICIARY (continued) Feb 07 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Feb 09 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 01 Thursday Butrovich 205 1:00 PM -- Please Note Location & Time Change -- + SB 112 WORKERS COMPENSATION;DRUG DATABASE & TEST -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Jan 31 Wednesday Butrovich 205 3:30 PM -- Agenda Change -- + Overview: Alaska's State Managed Game Refuges Sanctuaries & Critical Habitat Areas - Department of Fish & Game -- Testimony <Invitation Only> -- <Above Item Rescheduled to 2/02/18> <New Item Added Below> Overview: Oil and Gas 102 to the Alaska Legislature: - Consultants to the Legislative Budget & Audit Committee In3ergy: Mr. Rich Ruggiero, Ms. Christina Ruggiero -- Testimony <Invitation Only> -- Feb 02 Friday Butrovich 205 3:30 PM + HB 130 GAME REFUGE/CRIT HABITAT AREA BOUNDARIES -- Public Testimony -- + SB 158 OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT -- Public Testimony -- + Bills Previously Heard/Scheduled -- Agenda Change Below -- (Continued on Next Page) 2018-01-31 Senate Journal Page 1882 RESOURCES (continued) (Continued from Previous Page) + Overview: Alaska's State Managed Game Refuges Sanctuaries & Critical Habitat Areas - Department of Fish & Game: Mr. Bruce Dale, Director, Division of Wildlife Conservation Mrs. Morgan Foss, Special Assistant to the Commissioner -- Testimony <Invitation Only> -- ---------------------------------------- RULES Jan 31 Wednesday Fahrenkamp 203 11:30 AM -- Delayed to Immediately Following Session -- -- Uniform Rule 23 Waived -- -Scheduled Immediately Following Floor Session- + Consideration of Report ---------------------------------------- STATE AFFAIRS Feb 01 Thursday Butrovich 205 3:30 PM + SCR 10 ALASKA YEAR OF INNOVATION + SB 152 SEPT. 11: PATRIOT DAY + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 01 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL Feb 01 Thursday Beltz 105 (tsbldg) 5:00 PM Sexual & Other Workplace Harassment Subcommittee + Sexual & Other Workplace Harassment Policy 2018-01-31 Senate Journal Page 1883 LEGISLATIVE COUNCIL (continued) Feb 03 Saturday House Finance 519 9:45 AM + Other Committee Business - Record Policy + Executive Session: - Executive Director Applicant Interviews Feb 03 Saturday House Finance 519 10:00 AM -- MEETING CANCELED -- + Executive Session: - Executive Director Applicant Interviews Feb 05 Monday House Finance 519 6:00 PM + Approval of Minutes: a. March 2017 - August 2017 + Ratification of Charitable Events: a. The Canvas at REACH Annual Fundraising Dinner b. 2nd Annual Catholic Community Services Formal Gala c. 26th Annual Girl Scouts Fundraiser d. Lawmaker's Round Up e. 33rd Annual Sham Jam + Contract Approvals: a. Bethel Lease Extension b. Cordova Lease Extension c. Eagle River Lease Extension d. Glennallen Lease Extension e. Homer Lease Extension f. Interagency Lease Extension g. Juneau Storage - Goldstein Lease Extension h. Ketchikan Lease Extension i. Kotzebue Lease Extension j. North Pole Lease Extension k. Ombudsman - Anchorage Lease Extension l. Office of Victims' Rights Lease Extension m. Sitka Lease Extension n. Unalaska Lease Extension o. Wrangell Lease Extension Executive Session + Other Committee Business a. FY17 Legislative Audit b. FY19 Proposed Budget ---------------------------------------- 2018-01-31 Senate Journal Page 1884 OTHER MEETINGS JOINT SESSION Feb 07 Wednesday House Chamber 11:00 AM State of the Judiciary Address by the Honorable Craig Stowers, Chief Justice Feb 22 Thursday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator Feb 26 Monday House Chamber 11:00 AM Annual Address by the Honorable Dan Sullivan, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETINGS Jan 31 Wednesday Beltz 105 (tsbldg) 9:00 AM -- Teleconference <Listen Only> -- + Continuation of Presentation Series on Alaska's Oil Tax Fiscal System By LBA Consultant: In3nergy Sponsored by Senator Stedman, LBA Chair Jan 31 Wednesday Beltz 105 (tsbldg) 1:00 PM -- Teleconference <Listen Only> -- + Continuation of Presentation Series on Alaska's Oil Tax Fiscal System By LBA Consultant: In3nergy Sponsored by Senator Stedman, LBA Chair Feb 01 Thursday Beltz 105 (tsbldg) 9:00 AM -- Teleconference <Listen Only> -- + Continuation of Presentation Series on Alaska's Oil Tax Fiscal System By LBA Consultant: In3nergy Sponsored by Senator Stedman, LBA Chair 2018-01-31 Senate Journal Page 1885 MISCELLANEOUS MEETINGS (continued) Feb 01 Thursday Beltz 105 (tsbldg) 1:00 PM -- Teleconference <Listen Only> -- + Continuation of Presentation Series on Alaska's Oil Tax Fiscal System By LBA Consultant: In3nergy Sponsored by Senator Stedman, LBA Chair Feb 12 Monday Senate Finance 532 1:00 PM School District Legislative Fly-In Informal Q & A Session Regarding Alaska's Public School System All School District Participants of the Fly-In are Encouraged to Attend