Legislature(2017 - 2018)

2018-03-23 Senate Journal

Full Journal pdf

2018-03-23                     Senate Journal                      Page 2353
SB 196                                                                                                                        
CS FOR SENATE BILL NO. 196(FIN) "An Act relating to an                                                                          
appropriation limit; relating to the budget responsibilities of the                                                             
governor; and providing for an effective date" was read the third time.                                                         
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2354
Senator Begich moved and asked unanimous consent the bill be                                                                    
returned to second reading for the purpose of a specific amendment,                                                             
that being Amendment No. 1. Without objection, the bill was returned                                                            
to second reading.                                                                                                              
                                                                                                                                
Senator Begich offered Amendment No. 1 :                                                                                         
                                                                                                                                
Page 2, line 3:                                                                                                                 
          Delete "$4,100,000,000"                                                                                               
          Insert "$2,900,000,000"                                                                                               
                                                                                                                                
Page 2, line 13:                                                                                                                
          Delete "or"                                                                                                           
                                                                                                                                
Page 2, line 15, following "law":                                                                                               
          Insert "; or                                                                                                          
                             (6)  for the state public primary through                                                          
          secondary school program"                                                                                             
                                                                                                                                
Page 3, line 10:                                                                                                                
          Delete "$4,100,000,000"                                                                                               
          Insert "$2,900,000,000"                                                                                               
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 1. Senator                                                               
Micciche objected.                                                                                                              
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  5   NAYS:  13   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Olson, Wielechowski                                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hughes, Kelly, MacKinnon, Meyer,                                                               
Micciche, Shower, Stedman, Stevens, von Imhof, Wilson                                                                           
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2355
CS FOR SENATE BILL NO. 196 (FIN) was automatically in third                                                                     
reading.                                                                                                                        
                                                                                                                                
Senator Micciche moved the bill be returned to second reading for the                                                           
purpose of all amendments offered today. Without objection, the bill                                                            
was returned to second reading.                                                                                                 
                                                                                                                                
Senator Begich offered Amendment No. 2 :                                                                                         
                                                                                                                                
Page 2, line 4:                                                                                                                 
          Following "in":                                                                                                       
                   Insert "population and"                                                                                      
          Following "indices.":                                                                                                 
                   Insert "The determination of the change in population                                                        
          for purposes of this subsection shall be based on an annual                                                           
          estimate of population by the Department of Labor and                                                                 
          Workforce Development."                                                                                               
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 2. Senator                                                               
MacKinnon objected.                                                                                                             
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Olson, Wielechowski                                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Kelly,                                                                        
MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof,                                                                
Wilson                                                                                                                          
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2356
Senator Gardner offered Amendment No. 3 :                                                                                        
                                                                                                                                
Page 2, line 13:                                                                                                                
          Delete "or"                                                                                                           
                                                                                                                                
Page 2, line 15, following "law":                                                                                               
          Insert "; or                                                                                                          
                             (6) for senior programs"                                                                           
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 3.                                                                      
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 3 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 3?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Egan, Gardner, Olson, Wielechowski                                                                       
                                                                                                                                
Nays:  Coghill, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer,                                                              
Micciche, Shower, Stedman, Stevens, von Imhof, Wilson                                                                           
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 4 :                                                                                   
                                                                                                                                
Page 2, line 13:                                                                                                                
  Delete "or"                                                                                                                   
                                                                                                                                
Page 2, line 15, following "law":                                                                                               
  Insert "; or                                                                                                                  
       (6) to meet public safety needs"                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2357
Page 2, following line 18:                                                                                                      
  Insert a new paragraph to read:                                                                                               
       "(3)  "public safety" includes emergency disaster services, fire                                                         
  protection, law enforcement, the village public safety officer                                                                
  program, the Council on Domestic Violence and Sexual Assault, and                                                             
  the criminal and juvenile justice system."                                                                                    
                                                                                                                                
Renumber the following paragraph accordingly.                                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 4.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 4?                                                                                                                
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Olson, Wielechowski                                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Kelly,                                                                        
MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof,                                                                
Wilson                                                                                                                          
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Amendment No. 5 was not offered.                                                                                                
                                                                                                                                
Senator Wielechowski offered Amendment No. 6 :                                                                                   
                                                                                                                                
Page 2, line 12:                                                                                                                
          Delete all material and insert:                                                                                       
                             "(3)  required to pay principal or interest on                                                     
          general obligation bond debt of the state;"                                                                           
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 6.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2358
The question being: "Shall Amendment No. 6 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 6?                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  10   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Hughes, Olson, Shower, Wielechowski,                                                              
Wilson                                                                                                                          
                                                                                                                                
Nays:  Coghill, Giessel, Hoffman, Kelly, MacKinnon, Meyer,                                                                      
Micciche, Stedman, Stevens, von Imhof                                                                                           
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Bishop                                                                                                                 
                                                                                                                                
and so, Amendment No. 6 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 7 :                                                                                   
                                                                                                                                
Page 2, following line 15:                                                                                                      
          Insert a new subsection to read:                                                                                      
                   (c)  If, in an effort to meet the appropriation limit in                                                     
          (a) of this section, the legislature mandates a new program or                                                        
          higher level of service on a municipality, the legislature shall                                                      
          provide a grant to reimburse the municipality for the costs of                                                        
          the program or increased level of service.                                                                            
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 7.                                                                 
Senator MacKinnon objected.                                                                                                     
                                                                                                                                
The question being: "Shall Amendment No. 7 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 7?                                                                                                                
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2359
Yeas:  Begich, Egan, Gardner, Olson, Wielechowski                                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Kelly,                                                                        
MacKinnon, Meyer, Micciche, Shower, Stedman, Stevens, von Imhof,                                                                
Wilson                                                                                                                          
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 7 failed.                                                                                                 
SB 196                                                                                                                        
Senator Wielechowski offered Amendment No. 8 :                                                                                   
                                                                                                                                
Page 2, line 2:                                                                                                                 
          Delete "Appropriation"                                                                                              
          Insert "Appropriations; appropriation"                                                                              
                                                                                                                                
Page 2, following line 15:                                                                                                      
          Insert a new subsection to read:                                                                                      
                   "(c)  Each fiscal year, any money in the general fund                                                        
          available for appropriation at the end of the preceding fiscal                                                        
          year, after the transfer under AS 37.10.420(b), shall be                                                              
          appropriated to the dividend fund established under                                                                   
          AS 43.23.045 to pay a supplemental 2016 and 2017                                                                      
          permanent fund dividend to each eligible individual who                                                               
          received a 2016 or 2017 permanent fund dividend, until the                                                            
          2016 and 2017 permanent fund dividends have been fully                                                                
          restored. The commissioner of revenue shall implement this                                                            
          subsection."                                                                                                          
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2360
Senator Wielechowski moved for the adoption of Amendment No. 8.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
President Kelly cited Mason's Manual Sec. 402 and ruled Amendment                                                               
No. 8 out of order.                                                                                                             
                                                                                                                                
Senator Wielechowski appealed the ruling of the chair.                                                                          
                                                                                                                                
The question being: "Shall the Senate Uphold the Ruling of the                                                                  
Chair?" The roll was taken with the following result:                                                                           
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Amendment No. 8                                                                                                                 
Uphold Ruling of the Chair?                                                                                                     
                                                                                                                                
YEAS:  13   NAYS:  5   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Giessel, Hughes, Kelly, MacKinnon, Meyer,                                                               
Micciche, Shower, Stedman, Stevens, von Imhof, Wilson                                                                           
                                                                                                                                
Nays:  Begich, Egan, Gardner, Olson, Wielechowski                                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, the ruling of the chair was upheld.                                                                                     
                                                                                                                                
Senator Wielechowski offered Amendment No. 9 :                                                                                   
                                                                                                                                
Page 2, following line 15:                                                                                                      
          Insert a new subsection to read:                                                                                      
                   "(c)  Each fiscal year, the amount appropriated from                                                         
          the earnings reserve account, established under AS 37.13.145,                                                         
          to the general fund may not exceed 50 percent of the income                                                           
          available for distribution under AS 37.13.140."                                                                       
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 9.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2361
President Kelly cited Mason's Manual Sec. 402 and ruled Amendment                                                               
No. 9 out of order.                                                                                                             
                                                                                                                                
Senator Wielechowski appealed the ruling of the chair.                                                                          
                                                                                                                                
The question being: "Shall the Senate Uphold the Ruling of the                                                                  
Chair?" The roll was taken with the following result:                                                                           
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Amendment No. 9                                                                                                                 
Uphold Ruling of the Chair?                                                                                                     
                                                                                                                                
YEAS:  11   NAYS:  7   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Giessel, Kelly, MacKinnon, Meyer, Micciche,                                                             
Stedman, Stevens, von Imhof, Wilson                                                                                             
                                                                                                                                
Nays:  Begich, Egan, Gardner, Hughes, Olson, Shower, Wielechowski                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, the ruling of the chair was upheld.                                                                                     
                                                                                                                                
Senator Wielechowski offered Amendment No. 10 :                                                                                  
                                                                                                                                
Page 2, following line 15:                                                                                                      
          Insert a new subsection to read:                                                                                      
                   "(c)  Each fiscal year, the amount appropriated from                                                         
          the earnings reserve account, established under AS 37.13.145,                                                         
          to the general fund may not exceed the amount appropriated                                                            
          from the earnings reserve account to the dividend fund,                                                               
          established under AS 43.23.045, for payment of permanent                                                              
          fund dividends."                                                                                                      
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 10.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2362
President Kelly cited Mason's Manual Sec. 402 and ruled Amendment                                                               
No. 10 out of order.                                                                                                            
                                                                                                                                
Senator Wielechowski appealed the ruling of the chair.                                                                          
                                                                                                                                
The question being: "Shall the Senate Uphold the Ruling of the                                                                  
Chair?" The roll was taken with the following result:                                                                           
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Amendment No. 10                                                                                                                
Uphold Ruling of the Chair?                                                                                                     
                                                                                                                                
YEAS:  11   NAYS:  7   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Giessel, Kelly, MacKinnon, Meyer, Micciche,                                                             
Stedman, Stevens, von Imhof, Wilson                                                                                             
                                                                                                                                
Nays:  Begich, Egan, Gardner, Hughes, Olson, Shower, Wielechowski                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, the ruling of the chair was upheld.                                                                                     
                                                                                                                                
Senator Wielechowski offered Amendment No. 11 :                                                                                  
                                                                                                                                
Page 2, following line 15:                                                                                                      
          Insert a new subsection to read:                                                                                      
                   "(c)  Each fiscal year, if an appropriation is made                                                          
          from the earnings reserve account established under                                                                   
          AS 37.13.145 to the general fund, an appropriation equal to                                                           
          50 percent of the income available for distribution under                                                             
          AS 37.13.140 must be made to the dividend fund established                                                            
          under AS 43.23.045."                                                                                                  
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 11.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2363
President Kelly cited Mason's Manual Sec. 402 and ruled Amendment                                                               
No. 11 out of order.                                                                                                            
                                                                                                                                
Senator Wielechowski appealed the ruling of the chair.                                                                          
                                                                                                                                
The question being: "Shall the Senate Uphold the Ruling of the                                                                  
Chair?" The roll was taken with the following result:                                                                           
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Amendment No. 11                                                                                                                
Uphold Ruling of the Chair?                                                                                                     
                                                                                                                                
YEAS:  11   NAYS:  7   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Giessel, Kelly, MacKinnon, Meyer, Micciche,                                                             
Stedman, Stevens, von Imhof, Wilson                                                                                             
                                                                                                                                
Nays:  Begich, Egan, Gardner, Hughes, Olson, Shower, Wielechowski                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, the ruling of the chair was upheld.                                                                                     
                                                                                                                                
Senator Wielechowski offered Amendment No. 12 :                                                                                  
                                                                                                                                
Page 2, lines 10 - 15:                                                                                                          
     Delete all material and insert:                                                                                            
                "(1)  for payment of permanent fund dividends;                                                                 
              (2)  for revenue bond proceeds;                                                                                   
              (3)  required to pay the principal of and interest on                                                             
     general obligation bonds; and                                                                                              
              (4)  of money received from a non-State source in trust                                                           
     for a specific purpose, including revenue of a public enterprise or                                                        
     public corporation of the state that issues revenue bonds."                                                                
                                                                                                                                
Page 2, line 17:                                                                                                                
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
                                                                                                                                

2018-03-23                     Senate Journal                      Page 2364
Senator Wielechowski moved for the adoption of Amendment No. 12.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 12 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 196(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 12?                                                                                                               
                                                                                                                                
YEAS:  5   NAYS:  13   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Olson, Wielechowski                                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hughes, Kelly, MacKinnon, Meyer,                                                               
Micciche, Shower, Stedman, Stevens, von Imhof, Wilson                                                                           
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, Amendment No. 12 failed.                                                                                                
                                                                                                                                
CS FOR SENATE BILL NO. 196(FIN) was automatically in third                                                                      
reading.