Legislature(2017 - 2018)

2018-04-27 Senate Journal

Full Journal pdf

2018-04-27                     Senate Journal                      Page 2869
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                            THIRTIETH LEGISLATURE                                                                            
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                      Friday                    April 27, 2018                                                  
                                                                                                                                
                            One Hundred Second Day                                                                           
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
pro tempore Micciche at 11:07 a.m.                                                                                              
                                                                                                                                
The roll showed eighteen members present. Senators Kelly, Coghill                                                               
were absent.                                                                                                                    
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent Senator Coghill be excused from a call of the                                                                 
Senate today. Without objection, Senator Coghill was excused.                                                                   
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent Senator Kelly be excused from a call of the Senate                                                            
today. Without objection, Senator Kelly was excused.                                                                            
                                                                                                                                
The prayer was offered by the Chaplain, Student Rabbi Jeff Dreifus,                                                             
Congregation Sukkat Shalom. Senator Hoffman moved and asked                                                                     
unanimous consent that the prayer be spread. Without objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    In this week's Torah portion, which comes from the book of                                                                  
    Leviticus, the Israelites receive the commandment, "You shall                                                               
    be holy, for I, your God, am holy." But how exactly do we                                                                   
    fulfill that commandment, how do we be holy? The subsequent                                                                 
    text provides an explanation. The next few verses lay out some                                                              
    of the laws for ritual sacrifice, which was the primary way                                                                 
    ancient Israelites offered praise to the Divine. But following                                                              
    that, we get a commandment to take care of the poor and the                                                                 
    stranger - to leave the corners of our fields and our fallen fruit                                                          
    so that they may come and eat. A few verses later - the                                                                     

2018-04-27                     Senate Journal                      Page 2870
    commandment not to insult the deaf or place a stumbling block                                                               
    before the blind. Finally, these holy words, "                                                                             
                                                                                                                                
                                                                                                                                
    In this week's Torah portion, we learn that in order to be holy,                                                            
    prayer and ritual are not enough. To be holy, we must care for                                                              
    the neediest people in our society. We must treat all people                                                                
    with dignity, and we must do unto others as we would have                                                                   
    them do unto us.                                                                                                            
                                                                                                                                
    As we begin this day anew, let our work embody these ancient                                                                
    values, and may we continue to bring dignity to those we                                                                    
    serve. Together let us say,              Amen.                                                                              
                                                                                                                                
Senator Begich led the Senate in the Pledge of Allegiance.                                                                      
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent that the journals for the one hundredth and one                                                               
hundred first legislative days be approved as certified by the Secretary.                                                       
Without objection, it was so ordered.                                                                                           
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated April 26 was read stating the House passed and                                                                    
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 410                                                                                                                        
HOUSE BILL NO. 410 BY THE HOUSE COMMUNITY AND                                                                                   
REGIONAL AFFAIRS COMMITTEE, entitled:                                                                                           
                                                                                                                                
               "An Act relating to the reinstatement of Native                                                                 
          corporations; and providing for an effective date."                                                                   
                                                                                                                                
was read the first time and referred to the Community and Regional                                                              
Affairs and State Affairs Committees.                                                                                           
                                                                                                                                
                                                                                                                                

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                               Concur Messages                                                                               
                                                                                                                                
SB 32                                                                                                                         
Message dated April 26 was read stating the House passed and                                                                    
returned for consideration SENATE BILL NO. 32 "An Act relating to                                                               
biological products; relating to the practice of pharmacy; relating to                                                          
the Board of Pharmacy; and providing for an effective date" with the                                                            
following amendment:                                                                                                            
                                                                                                                                
          HOUSE CS FOR SENATE BILL NO. 32(FIN)                                                                                  
                                                                                                                                
President pro tempore Micciche stated the concur message will be held                                                           
on the Secretary's desk.                                                                                                        
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 128                                                                                                                        
Forthcoming fiscal information (page 2852) for the Finance                                                                      
Committee Substitute for SENATE BILL NO. 128 "An Act                                                                            
establishing the marijuana education and treatment fund; and relating                                                           
to the duties of the Department of Health and Social Services to                                                                
administer a comprehensive marijuana use education and treatment                                                                
program" was published today:                                                                                                   
                                                                                                                                
 Fiscal Note No. 3, Department of Health and Social Services                                                                    
 Fiscal Note No. 4, Department of Health and Social Services                                                                    
                                                                                                                                
HB 216                                                                                                                        
The Finance Committee considered CS FOR SPONSOR                                                                                 
SUBSTITUTE FOR HOUSE BILL NO. 216(FIN) am "An Act                                                                               
relating to restitution; relating to the office of victims' rights; relating                                                    
to transfers from the dividend fund; creating the restorative justice                                                           
account; relating to appropriations from the restorative justice account                                                        
for services for and payments to crime victims, operating costs of the                                                          
Violent Crimes Compensation Board, operation of domestic violence                                                               
and sexual assault programs, mental health services and substance                                                               
abuse treatment for offenders, and incarceration costs; relating to                                                             
contributions from dividends; relating to delinquent minors; and                                                                
providing for an effective date." Signing do pass: Senators Hoffman,                                                            
MacKinnon, Cochairs; Senators Bishop, Stevens, Olson, Micciche.                                                                 
                                                                                                                                

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The following fiscal information was published today:                                                                           
     Fiscal Note No. 14, Department of Corrections                                                                              
     Fiscal Note No. 15, Legislative Agency                                                                                     
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 2, zero, Department of Health and Social Services                                                          
     Fiscal Note No. 3, zero, Department of Health and Social Services                                                          
     Fiscal Note No. 7, Department of Revenue                                                                                   
     Fiscal Note No. 8, zero, Department of Law                                                                                 
     Fiscal Note No. 9, Department of Administration                                                                            
     Fiscal Note No. 10, Department of Administration                                                                           
     Fiscal Note No. 13, indeterminate, Alaska Judiciary System                                                                 
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 333                                                                                                                        
The Community and Regional Affairs Committee considered CS FOR                                                                  
HOUSE BILL NO. 333(CRA) am "An Act authorizing a municipality                                                                   
to adopt an ordinance prohibiting certain uses of cellular telephones                                                           
while driving in school zones or on school property." Signing do pass:                                                          
Senator Bishop, Chair; Senators Gardner, MacKinnon. Signing no                                                                  
recommendation: Senators Hoffman, Stedman.                                                                                      
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Public Safety                                                                       
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 64                                                                                                                         
CS FOR HOUSE BILL NO. 64(EDC) "An Act relating to the                                                                           
establishment of the Task Force on Reading Proficiency and Reading                                                              
Instruction for All Students and on the Effects of Dyslexia on Some                                                             
Students" was read the second time.                                                                                             
                                                                                                                                

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Senator Stevens, Chair, moved and asked unanimous consent for the                                                               
adoption of the Education Senate Committee Substitute offered on                                                                
page 1926. Senator Gardner objected, then withdrew her objection.                                                               
There being no further objection, SENATE CS FOR CS FOR HOUSE                                                                    
BILL NO. 64(EDC) "An Act relating to the establishment of the                                                                   
Legislative Task Force on Reading Proficiency and Dyslexia" was                                                                 
adopted.                                                                                                                        
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, 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.                                                                                                                        
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 64(EDC) was read the                                                                        
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 64(EDC) "An Act relating to the establishment of the Legislative                                                            
Task Force on Reading Proficiency and Dyslexia" pass the Senate?"                                                               
The roll was taken with the following result:                                                                                   
                                                                                                                                
SCS CSHB 64(EDC)                                                                                                                
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Costello, Egan, Gardner, Giessel, Hoffman,                                                               
Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman,                                                                     
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  Coghill, Kelly                                                                                                        
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 64(EDC)                                                                             
passed the Senate and was referred to the Secretary for engrossment.                                                            
                                                                                                                                
SCR 16                                                                                                                        
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent to take up SENATE CONCURRENT                                                                                  
RESOLUTION NO. 16, which had been held on the Secretary's desk                                                                  
(page 1947). Without objection, the resolution was before the Senate                                                            
on final passage.                                                                                                               
                                                                                                                                

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The question being: "Shall SENATE CONCURRENT RESOLUTION                                                                         
NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                                              
of the Alaska State Legislature, concerning House Bill No. 64, relating                                                         
to the establishment of the Task Force on Reading Proficiency and                                                               
Reading Instruction for All Students and on the Effects of Dyslexia on                                                          
Some Students, pass the Senate?" The roll was taken with the                                                                    
following result:                                                                                                               
                                                                                                                                
SCR 16                                                                                                                          
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Costello, Egan, Gardner, Giessel, Hoffman,                                                               
Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman,                                                                     
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  Coghill, Kelly                                                                                                        
                                                                                                                                
and so, SENATE CONCURRENT RESOLUTION NO. 16 passed the                                                                          
Senate and was referred to the Secretary for engrossment.                                                                       
                                                                                                                                
HB 126                                                                                                                        
CS FOR HOUSE BILL NO. 126(MLV) "An Act relating to workers'                                                                     
compensation benefits for members of the organized militia" was read                                                            
the second time.                                                                                                                
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent the bill be advanced to third reading and placed on                                                           
final passage. Without objection, it was so ordered.                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 126(MLV) was read the third time.                                                                         
                                                                                                                                
The question being: "Shall CS FOR HOUSE BILL NO. 126(MLV)                                                                       
"An Act relating to workers' compensation benefits for members of the                                                           
organized militia" pass the Senate?" The roll was taken with the                                                                
following result:                                                                                                               
                                                                                                                                
CSHB 126(MLV)                                                                                                                   
Third Reading - Final Passage                                                                                                   
                                                                                                                                

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YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Costello, Egan, Gardner, Giessel, Hoffman,                                                               
Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman,                                                                     
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  Coghill, Kelly                                                                                                        
                                                                                                                                
and so, CS FOR HOUSE BILL NO. 126(MLV) passed the Senate,                                                                       
was signed by the President and Secretary and returned to the House.                                                            
                                                                                                                                
HB 279                                                                                                                        
HOUSE BILL NO. 279 "An Act extending the termination date of the                                                                
Real Estate Commission; and providing for an effective date" was read                                                           
the second time.                                                                                                                
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent the bill be advanced to third reading and placed on                                                           
final passage. Without objection, it was so ordered.                                                                            
                                                                                                                                
HOUSE BILL NO. 279 was read the third time.                                                                                     
                                                                                                                                
The question being: "Shall HOUSE BILL NO. 279 "An Act extending                                                                 
the termination date of the Real Estate Commission; and providing for                                                           
an effective date" pass the Senate?" The roll was taken with the                                                                
following result:                                                                                                               
                                                                                                                                
HB 279                                                                                                                          
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Costello, Egan, Gardner, Giessel, Hoffman,                                                               
Hughes, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman,                                                                     
Stevens, von Imhof, Wielechowski, Wilson                                                                                        
                                                                                                                                
Excused:  Coghill, Kelly                                                                                                        
                                                                                                                                
and so, HOUSE BILL NO. 279 passed the Senate.                                                                                   
                                                                                                                                

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Senator MacKinnon, Acting Majority Leader, 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 signed by the President and Secretary and                                                              
returned to the House.                                                                                                          
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
HB 240                                                                                                                        
Senator Stedman moved and asked unanimous consent to be shown as                                                                
a cross sponsor on CS FOR HOUSE BILL NO. 240(FIN) "An Act                                                                       
relating to prescription prices available to consumers; relating to                                                             
penalties for certain pharmacy or pharmacist violations; relating to the                                                        
registration and duties of pharmacy benefits managers; relating to                                                              
procedures, guidelines, and enforcement mechanisms for pharmacy                                                                 
audits; relating to the cost of multi-source generic drugs and insurance                                                        
reimbursement procedures; relating to the duties of the director of the                                                         
division of insurance; and providing for an effective date." Without                                                            
objection, it was so ordered.                                                                                                   
                                                                                                                                
HB 64                                                                                                                         
Senators Stevens, MacKinnon, Shower, Giessel, Stedman, Bishop,                                                                  
von Imhof, Meyer, Wilson, Hughes, Micciche moved and asked                                                                      
unanimous consent to be shown as cross sponsors on SENATE CS                                                                    
FOR CS FOR HOUSE BILL NO. 64(EDC) "An Act relating to the                                                                       
establishment of the Legislative Task Force on Reading Proficiency                                                              
and Dyslexia." Without objection, it was so ordered.                                                                            
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                

2018-04-27                     Senate Journal                      Page 2877
                                 Engrossment                                                                                 
                                                                                                                                
HB 64                                                                                                                         
SENATE CS FOR CS FOR HOUSE BILL NO. 64(EDC) "An Act                                                                             
relating to the establishment of the Legislative Task Force on Reading                                                          
Proficiency and Dyslexia" was engrossed, signed by the President and                                                            
Secretary and returned to the House for consideration.                                                                          
                                                                                                                                
SCR 16                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules                                                                            
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 64, relating to the                                                                      
establishment of the Task Force on Reading Proficiency and Reading                                                              
Instruction for All Students and on the Effects of Dyslexia on Some                                                             
Students, was engrossed, signed by the President and Secretary and                                                              
transmitted to the House for consideration.                                                                                     
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator MacKinnon, Acting Majority Leader, moved and asked                                                                      
unanimous consent the Senate stand in adjournment until 11:00 a.m.,                                                             
April 30, 2018. Without objection, the Senate adjourned at 11:35 a.m.                                                           
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2018-04-27                     Senate Journal                      Page 2878
                                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                                                                        
                                                                                                                                
Apr 27        Friday                      Beltz 105 (tsbldg)          3:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+= HB 374 ON-BILL FINANCING OF ENERGY IMPROVEMENTS                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 30        Monday                      Beltz 105 (tsbldg)          3:30 PM                                                 
+= HB 374 ON-BILL FINANCING OF ENERGY IMPROVEMENTS                                                                              
+ HB 410 REINSTATEMENT OF NATIVE CORPS                                                                                          
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 27        Friday                    Senate Finance 532            9:00 AM                                                 
+             Presentation: Revolving Loan Funds                                                                                
              Department of Commerce, Community and Economic                                                                    
              Development                                                                                                       
+= HB  56 COMMERCIAL FISHING LOANS                                                                                              
+= HB  76 MARICULTURE REVOLVING LOAN FUND                                                                                       
+= HB 304 MICROLOAN REVOLVING FUND & LOANS; REPORT                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 27        Friday                    Senate Finance 532            1:30 PM                                                 
              -- Delayed to 2:00 p.m. --                                                                                        
+             Bills Previously Heard/Scheduled                                                                                  
+= SB  76 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG                                                                               
                   ----------------------------------------                                                                    
                                                                                                                                

2018-04-27                     Senate Journal                      Page 2879
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 27        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Apr 30        Monday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 02        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 04        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                        CONFERENCE COMMITTEE ON SB 26                                                                        
                                                                                                                                
Apr 28        Saturday                  Senate Finance 532            2:00 PM                                                 
+= SB  26 APPROP LIMIT & PER FUND:DIVIDEND;EARNINGS