Legislature(2021 - 2022)
2021-02-03 Senate Journal
Full Journal pdf2021-02-03 Senate Journal Page 0135 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTY-SECOND LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday February 3, 2021 Sixteenth Day Pursuant to adjournment the Senate was called to order by President Micciche at 11:32 a.m. The roll showed nineteen members present. Senator Olson was excused from a call of the Senate. The prayer was offered by the Chaplain, Senator Kiehl. Senator Hoffman moved and asked unanimous consent the prayer be spread. Without objection, it was so ordered. Elohai n’shamah shenatata bi t’horah hi. Atah v’ratah, atah y’tzartah, atah n’fachtah bi, v’atah m’shamrah b’kirbi. Kol z’man shehan’shamah b’kirbi, modeh ani l’fanecha, Adonai Elohai v’Elohei avotai v’iomotai, Ribon kol hamaasim, Adon kol han’shamot. Baruch atah, Adonai, asher b’yado nefesh kol chai v’ruach kol b’sar ish. My G-d, the soul You have given me is pure. You created it, You shaped it, You breathed it into me and You protect it within me. 2021-02-03 Senate Journal Page 0136 For as long as my soul is within me, I offer thanks to You, Adonai my G-d and G-d of my ancestors – Source of all creation, Sovereign of all souls. Praised are you, Adonai, in whose hand is every living soul and the breath of humankind. Amen. Senator Kawasaki led the Senate in the Pledge of Allegiance. Certification Senator Hughes moved and asked unanimous consent the journals for the eleventh through fifteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Message dated February 2 was read stating in accordance with Article III, Sections 26 and 27, of the Alaska Constitution and Alaska Statute 39.05.080, I submit the following list of appointees for confirmation: Alaska Commercial Fisheries Entry Commission Melvin Smith – Anchorage Appointed: 3/1/2021 Term Expires: 3/1/2025 Big Game Commercial Services Board Aaron Bloomquist – Palmer Appointed: 3/1/2021 Term Expires: 3/1/2025 The appointments were referred to the Resources Committee. Alaska Workers’ Compensation Board Dave Talerico – Healy Appointed: 1/21/2021 Term Expires: 3/1/2023 Micheal Dennis – Anchorage Appointed: 1/20/2021 Term Expires: 3/1/2022 Bronson Frye – Anchorage Appointed: 3/1/2018 Term Expires: 3/1/2021 Reappointed: 3/1/2021 Term Expires: 3/1/2024 2021-02-03 Senate Journal Page 0137 Board of Barbers and Hairdressers Tina Taylor – Soldotna Appointed: 1/20/2021 Term Expires 3/1/2024 Connie Dougherty – Anchorage Appointed: 1/20/2021 Term Expires: 3/1/2024 Khitsana Sypakanphay – Anchorage Appointed: 1/29/2021 Term Expires: 3/1/2024 Real Estate Commission Elizabeth Schok – Fairbanks Appointed: 3/1/2021 Term Expires: 3/1/2025 The appointments were referred to the Labor and Commerce Committee. Violent Crimes Compensation Board Robert “Bob” Urata – Juneau Appointed: 3/1/2021 Term Expires: 3/1/2024 The appointment was referred to the Judiciary Committee. On January 19, 2021, in accordance with Article III, Sections 26 and 27, of the Alaska Constitution and Alaska Statute 39.05.080, I submitted a list of appointees for confirmation. The following appointee has withdrawn himself from consideration, effective immediately: Board of Governors of the Alaska Bar Jerry Nankervis – Juneau Message dated January 29 was read stating in accordance with Article III, Section 25 of the Alaska Constitution and Alaska Statute 39.05.080, I submitted heads of state for confirmation. The following appointee has withdrawn his name from consideration, effective immediately: 2021-02-03 Senate Journal Page 0138 Attorney General – Department of Law Clyde “Ed” Sniffen In accordance with Article III, Section 25 of the Alaska Constitution and Alaska Statute 39.05.080, I submit the following nomination for department head for confirmation: Attorney General – Department of Law Treg Taylor Appointed: 1/29/2021 The appointment was referred to the Judiciary Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Department of Education and Early Development Annual Report February 15, 2020 in accordance with AS 14.03.078 Notice of Availability: Alaska's Public Schools: A Report Card to the Public February 1, 2021 in accordance with AS 14.03.120 Department of Labor and Workforce Development Technical and Vocational Education Program Report State Fiscal Year 2019 in accordance with AS 23.15.835 Department of Natural Resources 2020 Reports to the Alaska Legislature Division of Mining, Land and Water Identified RS 2477 Rights-of-Way in accordance with AS 19.30.400 2021-02-03 Senate Journal Page 0139 Notice of Availability: Annual Mining Report in accordance with AS 27.05.060 Status of the Land Disposal Income Fund in accordance with AS 38.04.022 Status of Land in the Land Disposal Bank in accordance with AS 38.04.022 Water Removals and Exports in accordance with AS 46.15.020 Notification of Interim Classifications in accordance with AS 38.05.300 Cooperative Resource Management or Development Agreements in accordance with AS 38.05.027 Efforts to Maintain or Enhance Access to and Along Fishing Streams in accordance with AS 38.04.205 Division of Oil and Gas 5 Year Program of Proposed Oil and Gas Lease Sales in accordance with AS 38.05.180 Division of Parks and Outdoor Recreation Report on Designations of Incompatible Use in accordance with AS 41.21.020 Report from the Commissioner of the Department of Administration dated January 29, 2021 was received stating the monetary terms for the collective bargaining agreement reached with the General Government Union in accordance with AS 23.40.215. President Micciche referred the report to the Finance Committee. Report from the Commissioner of the Department of Administration dated January 29, 2021 was received stating the monetary terms for the collective bargaining agreement reached with the Public Safety Employees Association in accordance with AS 23.40.215. President Micciche referred the report to the Finance Committee. 2021-02-03 Senate Journal Page 0140 Introduction and Reference of Senate Resolutions SR 1 SENATE RESOLUTION NO. 1 BY THE SENATE RULES COMMITTEE, Establishing a Senate Special Committee on World Trade. was read the first time. The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency The resolution was before the Senate on final passage. The question being: "Shall SENATE RESOLUTION NO. 1 Establishing a Senate Special Committee on World Trade, pass the Senate?" The roll was taken with the following result: SR 1 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Olson and so, SENATE RESOLUTION NO. 1 passed the Senate and was referred to the Secretary for engrossment and enrollment. President Micciche made the following appointments: Senate Special Committee on World Trade Senator Stevens, Chair Senator Bishop Senator Hoffman Senator Hughes Senator Micciche Senator Stedman Senator Begich 2021-02-03 Senate Journal Page 0141 SJR 8 SENATE JOINT RESOLUTION NO. 8 BY SENATOR STEVENS, Urging the Alaska delegation in Congress, the United States Department of the Interior, and the Governor to facilitate the completion of a land grant endowment to the University of Alaska. was read the first time and referred to the Education and Resources Committees. Introduction and Reference of Senate Bills SB 65 SENATE BILL NO. 65 BY SENATOR KIEHL, entitled: "An Act relating to immunity for consulting physicians, podiatrists, osteopaths, advanced practice registered nurses, physician assistants, dentists, optometrists, and pharmacists." was read the first time and referred to the Health and Social Services and Judiciary Committees. SB 66 SENATE BILL NO. 66 BY SENATOR BEGICH, entitled: "An Act relating to the membership of the legislative council; and relating to the membership of the Legislative Budget and Audit Committee." was read the first time and referred to the State Affairs Committee. SB 67 SENATE BILL NO. 67 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the licensure of nursing professionals; relating to a multistate nurse licensure compact; and providing for an effective date." 2021-02-03 Senate Journal Page 0142 was read the first time and referred to the Health and Social Services and Labor and Commerce Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community, and Economic Development Fiscal Note No. 2, zero, Health and Social Services Fiscal Note No. 3, zero, Department of Public Safety Governor's transmittal letter dated January 29: Dear President Micciche: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill relating to a Multistate Nurse Licensure Compact. This bill would allow Alaska to adopt the Multistate Nurse Licensure Compact, which would strengthen the State's healthcare delivery system by reducing barriers to licensure for Registered and Licensed Practical Nurses, and by increasing opportunities for nurses from other states to practice in the State. The Multistate Nurse Licensure Compact would allow Registered and Practical Nurses in any of the 34 participating states to practice in Alaska without being subject to a time-consuming licensing process. It would also provide Alaska nurses with a multistate license to practice in the other 34 participating states, as well. This bill would not affect Certified Nurse Aides (CNAs), Advanced Practice Registered Nurses (APRNs), or anyone else who wishes to practice under an Alaska-only nursing license. For those practitioners, this bill preserves the availability of temporary licenses and licensure by credentials. This bill would codify the Nurse Licensure Compact as a new statute, AS 08.69. Conforming changes to the existing nursing statute, AS 08.68, would be made to accommodate the Compact’s requirements. The Compact’s requirements for multistate licensure are rigorous, exceeding those in our present statute, and supporting high-quality care for all Alaskans. 2021-02-03 Senate Journal Page 0143 The Compact would establish a commission with rulemaking, enforcement, and financial assessment provisions. Alaska would appoint one person to be the compact administrator within the state. The single-state and multi-state nurse licensing programs would have separate receipt support funding, which means the multistate licensing program will not impact the costs for the single-state licensees. This bill is a win-win, keeping our present licensure options for CNAs, APRNs, and Alaska-only licensees, while opening Alaska’s diverse communities to multistate licensed RNs and LPNs to help fill the hundreds of nursing vacancies across the state. This legislation is strongly supported by healthcare facilities and nurses throughout Alaska, as well as the U.S. Department of Defense. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor SB 68 SENATE BILL NO. 68 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making supplemental appropriations, reappropriations, and other appropriations; amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated February 1: Dear President Micciche: 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 expenses for fiscal year 2021. 2021-02-03 Senate Journal Page 0144 This appropriation bill includes $8.5 million in unrestricted general funds, $1.3 million in designated general funds, $50.4 million in other state funds, and $3.9 million in federal funds. The items in this supplemental appropriation bill are necessary for continued operations for the current fiscal year and I urge quick action on this bill by the Legislature. I look forward to working with the Legislature on the timely passage and implementation of the supplemental items in this bill. Sincerely, /s/ Mike Dunleavy Governor SB 69 SENATE BILL NO. 69 BY SENATOR REVAK, entitled: "An Act extending an exemption from regulation as a public utility for plants and facilities generating electricity entirely from renewable energy resources; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. Unfinished Business SCR 1 Senator Hughes moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 1 Suspending Rules 24(a) and 34(c), Uniform Rules of the Alaska State Legislature, in response to the COVID-19 pandemic; authorizing the presiding officers to allow members to attend a session by videoconference or teleconference in certain circumstances related to the COVID-19 pandemic; and relating to sessions where members are authorized to attend a session by videoconference or teleconference, which had been held on the Secretary's desk (page 106). Without objection, the resolution was before the Senate. 2021-02-03 Senate Journal Page 0145 The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency Senators Wielechowski, Costello offered Amendment No. 1 : Page 2, line 18: Delete "members" Insert "a member" Page 2, line 18, following "when": Insert "the member is in quarantine or has contracted COVID-19 or when" Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Stevens objected, then withdrew his objection. There being no further objection, Amendment No. 1 was adopted. Senator Wielechowski offered Amendment No. 2 : Page 2, line 26, following "Uniform Rule 14(a);": Insert "and" Page 2, lines 27 - 29: Delete all material. Renumber the following paragraph accordingly. Senator Wielechowski moved for the adoption of Amendment No. 2. Senator Stevens objected. Senator Wielechowski moved and asked unanimous consent to withdraw Amendment No. 2. Without objection, Amendment No. 2 was withdrawn. Senator Myers offered Amendment No. 3 : Page 3, line 9, following "resolution": Insert "; and be it FURTHER RESOLVED that this resolution remains in effect for the duration of the regular or special session in which attendance of members by videoconference is first authorized by the presiding officers" 2021-02-03 Senate Journal Page 0146 Senator Myers moved for the adoption of Amendment No. 3. Senator Stevens objected, then withdrew his objection. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was not offered. Senator Gray-Jackson offered Amendment No. 5 : Page 2, line 20, after "pandemic" add: ", as determined by the presiding officers in concurrence with the chief medical officer" Senator Gray-Jackson moved for the adoption of Amendment No. 5. Senator Stevens objected. Senator Gray-Jackson moved and asked unanimous consent to withdraw Amendment No. 5. Without objection, Amendment No. 5 was withdrawn. Senator Hughes offered Amendment No. 6 : Page 2, line 7, following "committee;": Insert "if a member is prevented from participating by videoconference in a committee meeting because of technological reasons, including internet service interruption or other unavoidable technological complications, the presiding officer may allow the member to vote to report the bill from committee by teleconference;" Page 2, lines 7 - 8: Delete "by videoconference" Insert "under this paragraph" Senator Hughes moved for the adoption of Amendment No. 6. Senator Stevens objected, then withdrew his objection. There being no further objection, Amendment No. 6 was adopted. Senator Hughes offered Amendment No. 7 : Page 2, following line 3: Insert a new paragraph to read: "(1) Rule 16, relating to a call of the house, are suspended during the Thirty-Second Alaska State Legislature when attendance of members by video conference is authorized by the presiding officer;" 2021-02-03 Senate Journal Page 0147 Renumber the following paragraphs accordingly. Senator Hughes moved for the adoption of Amendment No. 7. Objections were heard. Senator Hughes moved and asked unanimous consent to withdraw Amendment No. 7. Without objection, Amendment No. 7 was withdrawn. SENATE CONCURRENT RESOLUTION NO. 1 am was before the Senate on final passage. The question being: "SENATE CONCURRENT RESOLUTION NO. 1 am Suspending Rules 24(a) and 34(c), Uniform Rules of the Alaska State Legislature, in response to the COVID-19 pandemic; authorizing the presiding officers to allow members to attend a session by videoconference or teleconference in certain circumstances related to the COVID-19 pandemic; and relating to sessions where members are authorized to attend a session by videoconference or teleconference, pass the Senate?" The roll was taken with the following result: SCR 1 am Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Olson and so, SENATE CONCURRENT RESOLUTION NO. 1 am passed the Senate and was referred to the Secretary for engrossment. Senator Wilson moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 5 through evening plane time, February 7; and from morning plane time, February 19 through evening plane time, February 21. Without objection, Senator Wilson was excused. 2021-02-03 Senate Journal Page 0148 SB 66 Senators Gray-Jackson, Kawasaki, Kiehl moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 66 "An Act relating to the membership of the legislative council; and relating to the membership of the Legislative Budget and Audit Committee." Without objection, it was so ordered. Senator Reinbold moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 26 through evening plane time, February 28. Without objection, Senator Reinbold was excused. SB 25 Senators Reinbold, Hughes, Kawasaki, Begich, Kiehl, Costello, Wilson, Revak, Gray-Jackson, Micciche moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 25 "An Act relating to the establishment and maintenance of an Internet website providing information on state government financial transactions and specifying the information to be made available on the website." Without objection, it was so ordered. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate from noon, February 10 through evening plane time, February 16. Without objection, Senator Hoffman was excused. SB 5 Senators Kawasaki, Begich, Hoffman moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 5 "An Act establishing Juneteenth Day as a legal holiday." Without objection, it was so ordered. SB 8 Senators Kawasaki, Gray-Jackson moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 8 "An Act relating to early education programs provided by school districts; relating to school age eligibility; relating to funding for early education programs; establishing early education programs and a voluntary parent program; relating to the duties of the Department of Education and Early Development; relating to certification of teachers; 2021-02-03 Senate Journal Page 0149 establishing a reading intervention program for public school students enrolled in grades kindergarten through three; establishing a reading program in the Department of Education and Early Development; establishing a teacher retention working group; and providing for an effective date." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SCR 1 SENATE CONCURRENT RESOLUTION NO. 1 am Suspending Rules 24(a) and 34(c), Uniform Rules of the Alaska State Legislature, in response to the COVID-19 pandemic; authorizing the presiding officers to allow members to attend a session by videoconference or teleconference in certain circumstances related to the COVID-19 pandemic; and relating to sessions where members are authorized to attend a session by videoconference or teleconference, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Hughes moved and asked unanimous consent the Senate stand in adjournment until 10:30 a.m., February 5, 2021. Without objection, the Senate adjourned at 12:58 p.m. Liz Clark Secretary of the Senate 2021-02-03 Senate Journal Page 0150 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 04 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 03 Wednesday Butrovich 205 9:00 AM + Presentation: "Update on the University of Alaska System" by Interim UA President Pat Pitney -- Testimony <Invitation Only> -- **Streamed live on AKL.tv** Feb 05 Friday Butrovich 205 9:00 AM + SB 19 EXTEND SPECIAL EDUCATION SERVICE AGENCY -- Testimony <Invitation Only> -- **Streamed live on AKL.tv** ---------------------------------------- FINANCE Feb 03 Wednesday Senate Finance 532 9:00 AM + SB 50 APPROP: CAP; REAPPROP; SUPP; AMEND + Capital Budget Presentation by Neil Steininger, OMB Director 2021-02-03 Senate Journal Page 0151 FINANCE (continued) Feb 04 Thursday Senate Finance 532 9:00 AM + Confirmation Hearing: - Commissioner of Revenue Lucinda Mahoney + Alaska Permanent Fund Corporation by Angela Rodell, Chief of Executive Officer Feb 05 Friday Senate Finance 532 9:00 AM + PERS/TRS Update, FY22 Payment by: - Ajay Desai, Director of the Division of Retirement & Benefits - Jim Puckett, Deputy Director - Emily Ricci, Chief Health Policy Administrator - Kevin Worley, Chief Financial Officer ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 04 Thursday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 03 Wednesday Butrovich 205 1:30 PM + Disaster Declaration, Extensions & Liability Relating to COVID + SB 14 SELECTION AND REVIEW OF JUDGES -- Testimony <Invitation Only> -- **Streamed live on AKL.tv** Feb 05 Friday Butrovich 205 1:30 PM + Disaster Declaration, Extensions - Relating to COVID -- Invited & Public Testimony -- + Confirmation Hearings: To be Announced + Bills Previously Heard/Scheduled 2021-02-03 Senate Journal Page 0152 LABOR & COMMERCE Feb 03 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Feb 05 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES Feb 03 Wednesday Butrovich 205 3:30 PM + Overview: "Alaska Lands and Waters History" by Dick Mylius -- Testimony <Invitation Only> -- **Streamed live on AKL.tv** Feb 05 Friday Butrovich 205 3:30 PM + Overview: "Mining" by the Department of Natural Resources -- Testimony <Invitation Only> -- **Streamed live on AKL.tv** ---------------------------------------- STATE AFFAIRS Feb 04 Thursday Butrovich 205 3:30 PM + SB 53 PERM FUND; ADVISORY VOTE + SJR 6 CONST. AM: PERM FUND & PFDS + SJR 5 CONST. AM: APPROP LIMIT; BUDGET RESERVE + SJR 7 CONST. AM: STATE TAX; VOTER APPROVAL ---------------------------------------- TRANSPORTATION Feb 04 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled