Legislature(2017 - 2018)
2018-03-23 Senate Journal
Full Journal pdf2018-03-23 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.