Legislature(2017 - 2018)
2018-02-21 Senate Journal
Full Journal pdf2018-02-21 Senate Journal Page 2075 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 21, 2018 Thirty-seventh Day Pursuant to adjournment the Senate was called to order by President Kelly at 11:09 a.m. The roll showed nineteen members present. The seat from District E was vacant. The prayer was offered by the Chaplain, Michelle Hale, Council Member of the Juneau Shambhala Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Four attitudes common across many Buddhist traditions are what are known as the Four Immeasurables. First, May all beings enjoy happiness and the root of happiness. The root of happiness can be known as “nothing to hold onto.” Second, May all beings be free from suffering and the root of suffering. You guessed it. The root of suffering is something to hold onto. All of those things that we hold onto: Physical, emotional, grudges, things we like. The third Immeasurable is, May all beings not be separated from the great happiness, devoid of suffering. In other words, may all beings be joyful. And finally, May they dwell in the great equanimity, or peace, free from grasping, pushing away, and not caring. May you all enjoy a happy and joyful day. Senator Hoffman led the Senate in the Pledge of Allegiance. 2018-02-21 Senate Journal Page 2076 Certification Senator Micciche moved and asked unanimous consent that the journals for the thirty-fifth and thirty-sixth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated February 21 was read stating: Pursuant to my authority under Article II, Section 4 of the Alaska Constitution, I have appointed Mike Shower to fill the vacancy in the Alaska State Senate, District E. Subject to confirmation by the Senate Republicans, Mike Shower will hold this office for the remainder of the unexpired term for Senate District E. Messages from the House Message dated February 19 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 16 HOUSE CONCURRENT RESOLUTION NO. 16 BY THE HOUSE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 6, 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. was read the first time and held on the Secretary's desk. 2018-02-21 Senate Journal Page 2077 First Reading and Reference of House Bills HB 20 CS FOR HOUSE BILL NO. 20(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to marriage solemnization; and authorizing elected public officials in the state to solemnize marriages." was read the first time and referred to the State Affairs and Judiciary Committees. Concur Messages SB 6 Message dated February 19 was read stating the House passed and returned for consideration 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" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 6(FIN)(efd add H) "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'; providing that cannabidiol oil is not included in the definition of 'hashish oil'; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date." (Title Change HCR 16) Senator Micciche moved the Senate concur in the House amendments. 2018-02-21 Senate Journal Page 2078 The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 6(FIN)(efd add H) Shall the Senate Concur in the House Amendments? Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 1 VACANT: 1 Yeas: Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Olson, Stevens, von Imhof, Wielechowski, Wilson Absent: Stedman and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 6(FIN)(efd add H) "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'; providing that cannabidiol oil is not included in the definition of 'hashish oil'; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date." Senator Micciche moved and asked unanimous consent the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 16 Senator Micciche moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 16, which had been held on the Secretary's desk (page 2076). Without objection, the resolution was before the Senate on final passage. 2018-02-21 Senate Journal Page 2079 The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 6, 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, pass the Senate?" The roll was taken with the following result: HCR 16 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, HOUSE CONCURRENT RESOLUTION NO. 16 passed the Senate, was signed by the President and Secretary and returned to the House. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Court System Annual Report FY 2017 July 1, 2016 - June 30, 2017 in accordance with AS 22.20.310 Alaska Gasline Development Corporation Semi-Monthly Report February 15, 2018 in accordance with Chapter 14, SLA 2014 2018-02-21 Senate Journal Page 2080 Standing Committee Reports Report dated February 19 was read stating: In accordance with AS 39.05.080, the Resources Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Assessment Review Board, State Bradley Pickett – Palmer Regulatory Commission of Alaska Paul Lisankie – Anchorage 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 Giessel, Chair; Senators Wielechowski, Bishop, Coghill, von Imhof, Stedman, Meyer. Report dated February 20 was read stating: In accordance with AS 39.05.080, the Community and Regional Affairs Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Commissioner – Department of Commerce, Community, and Economic Development Mike Navarre This does not reflect an intent by any of the members to vote for or against the confirmation of the individual during any further sessions. Signing the report: Senator Bishop, Chair; Senators Stedman, Hoffman. SB 124 The Health and Social Services Committee considered SENATE BILL NO. 124 "An Act relating to the duties of physicians and health care practitioners when performing or inducing abortions; providing that a child removed from a pregnant woman's womb alive after an abortion may be surrendered and found to be a child in need of aid; and 2018-02-21 Senate Journal Page 2081 providing for an effective date." Signing no recommendation: Senator Wilson, Chair; Senators von Imhof, Micciche. Signing do pass: Senator Giessel. Signing do not pass: Senator Begich. The following fiscal information was published today: Fiscal Note No. 1, Department of Health and Social Services President Kelly added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 180 The Community and Regional Affairs Committee considered SENATE BILL NO. 180 "An Act amending and repealing registration filing provisions of the Uniform Land Sales Practices Act; relating to the jurisdiction of the office of administrative hearings; and providing for an effective date." Signing do pass: Senator Bishop, Chair; Senators Hoffman, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Judiciary Committee. Special Committee Reports Committee on Committees Report Report dated February 20 was read stating: Mr. President: Your Committee on Committees has met and submits to the Senate for its consideration the following change to the Committee on Committees reports adopted January 17, 2017 (page 8) and April 11, 2017 (page 908): Judiciary Committee Senator Bishop fills the Vacant Seat (vacant as of 1/16/18). 2018-02-21 Senate Journal Page 2082 Signing the report: Senator Kelly, Chair; Senators Meyer, Micciche, MacKinnon, Gardner. Senator Micciche moved and asked unanimous consent the Committee on Committees report be adopted. Without objection, the Committee on Committees report was adopted. Consideration of the Calendar Second Reading of Senate Bills SB 125 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" was read the second time. Senator Bishop, Chair, moved and asked unanimous consent for the adoption of the Community and Regional Affairs Committee Substitute offered on page 1870. Senator Gardner objected, then withdrew her objection. There being no further objection, 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" was adopted. Senator Micciche moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 125(CRA) was read the third time. The question being: "Shall 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 2018-02-21 Senate Journal Page 2083 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" pass the Senate?" The roll was taken with the following result: CSSB 125(CRA) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, CS FOR SENATE BILL NO. 125(CRA) passed the Senate. Senator Micciche moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Vanessa Durhsen Representative(s) Claman Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson In Memoriam - Lorraine Lopez Senator(s) MacKinnon, Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Senator Micciche moved and asked unanimous consent the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2018-02-21 Senate Journal Page 2084 Senator Micciche moved and asked unanimous consent the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Clifford Jones Cook Representative(s) Reinbold Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Honoring - National Engineers Week Representative(s) Kito, Birch Senator(s) Kelly, Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, MacKinnon, Meyer, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson Senator Micciche moved and asked unanimous consent the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business SB 15 Senators Giessel, Costello, MacKinnon, von Imhof, Micciche, Hughes, Meyer, Wielechowski, Wilson, Kelly, Bishop moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 15 "An Act relating to possession of an electronic smoking product or a product containing nicotine by a minor and to selling or giving an electronic smoking product to a minor; relating to business license endorsements to sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine; and relating to citations for certain offenses concerning tobacco or nicotine products." Without objection, it was so ordered. 2018-02-21 Senate Journal Page 2085 Senator von Imhof moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 2 through evening plane time, March 5. Without objection, Senator von Imhof was excused. SB 188 Senators Gardner, Egan, Begich moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 188 "An Act providing for payment and loan incentives to public school teachers for national board certification." Without objection, it was so ordered. Senator Wielechowski moved and asked unanimous consent to be excused from a call of the Senate on February 22. Without objection, Senator Wielechowski was excused. Announcements Announcements are at the end of the journal. Engrossment SB 125 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Micciche moved and asked unanimous consent the Senate stand in adjournment until 10:45 a.m., February 22, 2018. Without objection, the Senate adjourned at 12:21 p.m. Liz Clark Secretary of the Senate 2018-02-21 Senate Journal Page 2086 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 22 Thursday Beltz 105 (tsbldg) 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Feb 21 Wednesday Butrovich 205 8:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled **Streamed live on AKL.tv** Feb 23 Friday Capitol 106 8:00 AM -- Location Change -- Joint Meeting with the House Education Committee + Presentation: UAF Vice Chancellor for Research Larry Hinzman "The Power of University Alaska Research" -- Testimony <Invitation Only> -- **Streamed live on AKL.tv** ---------------------------------------- 2018-02-21 Senate Journal Page 2087 FINANCE Feb 21 Wednesday Senate Finance 532 9:00 AM -- Meeting Postponed to 9:15 -- + SB 155 REAL ESTATE APPRAISAL MNGMT. COMPANIES + HB 195 INSURER'S USE OF CREDIT HISTORY/SCORES + Bills Previously Heard/Scheduled Feb 22 Thursday Senate Finance 532 9:00 AM += SB 104 EDUCATION CURRICULUM + Bills Previously Heard/Scheduled: += SB 168 APPROP: SUPPLEMENTAL OP.; FUND; AMENDING Feb 23 Friday Senate Finance 532 9:00 AM + SB 131 EDUCATION FUNDING; BUDGET + HB 287 APPROP: PUPIL TRANSPORTATION; EDUCATION + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 21 Wednesday Butrovich 205 1:30 PM + SB 174 PROGRAMS FOR PERSONS WITH DISABILITIES -- Public Testimony -- + Bills Previously Heard/Scheduled Feb 23 Friday Butrovich 205 1:30 PM No Meeting Scheduled Feb 26 Monday Butrovich 205 1:30 PM + Presentation: DHSS Office of Children's Services Citizen Review Panel -- Testimony <Invitation Only> -- + SB 122 OCS CITIZEN REVIEW PANEL -- Testimony <Invited and Public> -- Feb 28 Wednesday Butrovich 205 1:30 PM + Presentation: DHSS Office of Children's Services Response to Citizen Review Panel -- Testimony <Invitation Only> -- <Above Item Removed from Agenda> + Bills Previously Heard/Scheduled 2018-02-21 Senate Journal Page 2088 HEALTH & SOCIAL SERVICES (continued) Mar 02 Friday Butrovich 205 1:30 PM + Presentation: Key Campaign -- Testimony <Invitation Only> -- ---------------------------------------- JUDICIARY Feb 21 Wednesday Beltz 105 (tsbldg) 1:30 PM += SB 151 NUMBER OF SUPERIOR COURT JUDGES -- Public Testimony -- += HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT -- Public Testimony -- Feb 23 Friday Beltz 105 (tsbldg) 1:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 22 Thursday Beltz 105 (tsbldg) 1:30 PM + SB 165 COMPREHENSIVE HEALTH INSURANCE FUND -- Public Testimony -- + SB 161 DENTISTRY: TEMPORARY PERMIT -- Public Testimony -- + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 21 Wednesday Butrovich 205 3:30 PM + SB 176 TAX CREDIT CERT. BOND CORP; ROYALTIES + Bills Previously Heard/Scheduled Feb 23 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- 2018-02-21 Senate Journal Page 2089 STATE AFFAIRS Feb 22 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled -- Public Testimony -- ---------------------------------------- TRANSPORTATION Feb 22 Thursday Butrovich 205 1:30 PM -- MEETING CANCELED -- + Southcoast Region Overview and Project Update ---------------------------------------- FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES Feb 22 Thursday Butrovich 205 5:15 PM + Medicaid Reform, Supplemental Budget Request -- Testimony <Invitation Only> -- Feb 27 Tuesday Butrovich 205 5:15 PM + Behavioral Health, Public Health -- Testimony <Invitation Only> -- Mar 01 Thursday Butrovich 205 5:15 PM + Health Care Services, Public Assistance -- Testimony <Invitation Only> -- Mar 06 Tuesday Butrovich 205 5:15 PM + Office of Children's Services, Juvenile Justice -- Testimony <Invitation Only> -- Mar 08 Thursday Butrovich 205 5:15 PM + Pioneer Homes, Seniors and Disabilities Service -- Testimony <Invitation Only> -- Mar 13 Tuesday Butrovich 205 5:15 PM + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- 2018-02-21 Senate Journal Page 2090 LABOR & WORKFORCE DEVELOPMENT Feb 27 Tuesday Butrovich 205 11:00 AM + Brief Agency Overview Highlights of Major Budget Changes Governor's Amendments, If Any House Changes Mar 06 Tuesday Butrovich 205 11:00 AM + Budget Subcommittee Close-Out ---------------------------------------- NATURAL RESOURCES Feb 27 Tuesday Butrovich 205 12:00 PM + Brief Agency Overview Highlights of Major Budget Changes Governor's Amendments, If Any House Changes Mar 01 Thursday Butrovich 205 12:00 PM + Alaska Mental Health Trust Authority Committee Questions Mar 08 Thursday Butrovich 205 12:00 PM + Budget Subcommittee Close-Out ---------------------------------------- PUBLIC SAFETY Feb 28 Wednesday Beltz 105 (tsbldg) 7:00 AM + FY19 Budget Proposal Overview -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Feb 21 Wednesday Senate Finance 532 3:30 PM + Tax and Treasury Divisions Feb 23 Friday Senate Finance 532 1:00 PM + Alaska Permanent Fund Corporation + Alaska Housing Finance Corporation ---------------------------------------- 2018-02-21 Senate Journal Page 2091 TRANSPORTATION & PUBLIC FACILITIES Mar 01 Thursday Butrovich 205 11:00 AM + Brief Agency Overview Highlights of Major Budget Changes Governor's Amendments, If Any House Changes Mar 06 Tuesday Butrovich 205 12:00 PM + Alaska Marine Highway System Committee Questions Mar 08 Thursday Butrovich 205 11:00 AM Budget Subcommittee Close-Out ---------------------------------------- UNIVERSITY OF ALASKA Feb 21 Wednesday Fahrenkamp 203 7:45 AM Second Meeting Review of the UA System FY19 Budget Proposal ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL Feb 21 Wednesday Gruenberg 120 7:00 AM + Sexual & Other Workplace Harassment Subcommittee Agenda: Policy Feb 23 Friday Gruenberg 120 7:00 AM + Sexual & Other Workplace Harassment Subcommittee Agenda: Policy ---------------------------------------- 2018-02-21 Senate Journal Page 2092 SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 08 Thursday Capitol 106 9:30 AM Senate Subcommittee + Public Comment EXECUTIVE SESSION Public Session Mar 08 Thursday Capitol 106 10:30 AM + Approval of January Minutes Public Comment Chair/Staff Report a. Outside Counsel Contract b. Private Investigator Contract c. Personnel EXECUTIVE SESSION Public Session Other Business ---------------------------------------- OTHER MEETINGS JOINT SESSION 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 Feb 21 Wednesday Fahrenkamp 203 12:00 PM Lunch & Learn: Entrepreneurship & Small Business in Alaska Presenters: Nolan Klouda, UAA Center for Economic Development Gretchen Fauske, UAA Center for Economic Development UAA Business Enterprise Institute Sponsored by Representative Kito 2018-02-21 Senate Journal Page 2093 MISCELLANEOUS MEETINGS (continued) Feb 22 Thursday Butrovich 205 9:00 AM -- Teleconference <Listen Only> -- Presentation on China, LNG, and the Alaska Gas by Dr. Wenran Jiang, LBA Consultant Sponsored by Senator Stedman, Chair, LBA Committee Mar 08 Thursday Capitol 106 12:00 PM Lunch & Learn: Ethics in Action in the Alaska Legislature Presenter: Dr. Charla Brown, Assistant Professor of Human Resource Management, University of Alaska Southeast Sponsored by Representative Kito