Legislature(2019 - 2020)

2020-03-19 House Journal

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2020-03-19                     House Journal                      Page 1958
SB 123                                                                                                                        
The following, which was moved to the bottom of the calendar (page                                                              
1956), was before the House in second reading:                                                                                  
                                                                                                                                
     CS FOR SENATE BILL NO. 123(RBE)                                                                                            
     "An Act relating to the creation and regulation of electric                                                                
     reliability organizations; relating to participation of electric                                                           

2020-03-19                     House Journal                      Page 1959
     utilities in electric reliability organizations; relating to duties of                                                     
     electric reliability organizations; providing for integrated resource                                                      
     planning; requiring project preapproval for certain interconnected                                                         
     large energy facilities; and providing for an effective date."                                                             
                                                                                                                                
Amendment No. 1 was not offered.                                                                                                
                                                                                                                                
Amendment No. 2 was offered  by Representatives Talerico, Kopp,                                                                  
Spohnholz, and Hopkins:                                                                                                         
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
     Insert "relating to electric and telephone cooperatives; relating                                                        
to telephone service and related telecommunications services;"                                                                
                                                                                                                                
Page 1, following line 6:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Section 1. AS 10.15.005 is amended to read:                                                                                
         Sec. 10.15.005. Purposes for which cooperatives may be                                                               
     organized. A cooperative may be organized under this chapter for                                                         
     any lawful purpose, except for the purpose of banking or                                                                   
     insurance or the furnishing of electric or telephone or a related                                                      
     telecommunications service.                                                                                            
   * Sec. 2. AS 10.15.575(a) is amended to read:                                                                              
         (a)  A person other than a cooperative association                                                                     
     incorporated under this chapter or a previous law of the state may                                                         
     not use the term "cooperative," or any variation of the term, as                                                           
     part of its corporate or other business name or title. However, this                                                       
     section does not apply to cooperatives organized to generate and                                                           
     transmit electric energy and power or to furnish electric or                                                               
     telephone or a related telecommunications service.                                                                     
   * Sec. 3. AS 10.15.585 is amended to read:                                                                                 
         Sec. 10.15.585. Application of chapter. This chapter applies                                                         
     to the fullest extent permitted by the laws and constitution of the                                                        
     United States and of the state to all existing cooperative                                                                 
     associations incorporated under a previously existing law of the                                                           
     state relating to incorporation of cooperative associations.                                                               
     However, this section does not apply to cooperatives organized to                                                          
     generate and transmit electric energy and power or to furnish                                                              
      electric or telephone or a related telecommunications service.                                                       
   * Sec. 4. AS 10.25.010(a) is amended to read:                                                                              

2020-03-19                     House Journal                      Page 1960
         (a)  Except as provided in (b) of this section, an electric or                                                         
     telephone cooperative may                                                                                                  
              (1)  sue and be sued in its corporate name;                                                                       
              (2)  have perpetual existence;                                                                                    
              (3)  adopt a corporate seal and alter it;                                                                         
              (4)  construct, buy, lease, or otherwise acquire, and equip,                                                      
     maintain, and operate, and sell, assign, convey, lease, mortgage,                                                          
     pledge, or otherwise dispose of or encumber lands, buildings,                                                              
     structures, electric or telephone lines or systems, dams, plants and                                                       
     equipment, and any other real or personal property, tangible or                                                            
     intangible, that is necessary, convenient, or appropriate to                                                               
      accomplish the purpose for which the cooperative is organized;                                                           
              (5)  buy, lease, or otherwise acquire, and use, and                                                               
     exercise and sell, assign, convey, mortgage, pledge or otherwise                                                           
     dispose of or encumber franchises, rights, privileges, licenses, and                                                       
     easements;                                                                                                                 
              (6)  borrow money and otherwise contract indebtedness,                                                            
     and issue evidences of indebtedness, and secure the payment of                                                             
     the indebtedness by mortgage, pledge, or deed of trust of, or any                                                          
     other encumbrance upon its real or personal property, assets,                                                              
     franchises, or revenues;                                                                                                   
              (7)  construct, maintain, and operate electric transmission                                                       
     and distribution lines [,] or telephone or related                                                                     
     telecommunications service lines along, on [UPON], under and                                                       
     across publicly owned lands and public thoroughfares, including,                                                           
     without limitation, all roads, highways, streets, alleys, bridges, and                                                     
     causeways;                                                                                                                 
              (8)  exercise the power of eminent domain;                                                                        
              (9)  become a member of other cooperatives or                                                                     
     corporations or own stock in them;                                                                                         
              (10)  conduct its business and exercise its powers inside                                                         
     or outside the state;                                                                                                      
              (11)  adopt, amend, and repeal bylaws;                                                                            
              (12)  make all contracts necessary, convenient, or                                                                
     appropriate for the full exercise of its powers;                                                                           
              (13)  make donations for the public welfare or for                                                                
     charitable, scientific, or educational purposes;                                                                           
              (14)  do and perform any other act and thing, and have                                                            
     and exercise any other power that may be necessary, convenient,                                                            
     or appropriate to accomplish the purpose for which the                                                                     

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     cooperative is organized.                                                                                                  
   * Sec. 5. AS 10.25.030(a) is amended to read:                                                                              
         (a)  A telephone cooperative may                                                                                       
              (1)  furnish, improve, and expand telephone or                                                                
     [SERVICE AND] related telecommunications service to its                                                                    
     members [,] and to other users not in excess of 10 percent of the                                                          
     number of its members; however, telephone or a related                                                                 
     telecommunications service may be made available by a                                                                  
     cooperative through interconnection of facilities to any number of                                                         
     subscribers of other telephone or related telecommunications                                                           
     systems, and through pay stations to any number of users, and a                                                            
     cooperative that [WHICH] acquires existing telephone facilities                                                        
     or related telecommunications facilities may continue service to                                                       
     persons, not exceeding 40 percent of the number of its members,                                                            
     who are already receiving service from the facilities without                                                              
     requiring them to become members, and these persons may                                                                    
     become members on [UPON] terms as may be prescribed in the                                                             
     bylaws;                                                                                                                    
              (2)  connect and interconnect its telephone or related                                                        
     telecommunications service lines, facilities, or systems with                                                          
     other telephone or related telecommunications service lines,                                                           
     facilities, or systems;                                                                                                    
              (3)  make its facilities available to persons furnishing                                                          
     telephone or related telecommunications service inside or                                                              
     outside the state.                                                                                                         
   * Sec. 6. AS 10.25.040(a) is amended to read:                                                                              
         (a)  The name of a cooperative must include the words                                                                  
     "electric," [OR] "telephone," "telecommunications," or                                                             
     "telecom," as appropriate to its purpose, and "cooperative" or                                                     
     "association," and the abbreviation "Inc." ["INC."]                                                                
   * Sec. 7. AS 10.25.080(a) is amended to read:                                                                              
         (a)  Each incorporator of a cooperative shall be a member of                                                           
     the cooperative or of another cooperative that is a member of it. A                                                        
     person may not become a member unless that person agrees to use                                                            
     electric energy, [OR] telephone or a related telecommunications                                                        
     service, or other services furnished by the cooperative when they                                                          
     are made available through its facilities.                                                                                 
   * Sec. 8. AS 10.25.090(a) is amended to read:                                                                              
         (a)  An annual meeting of the members of a cooperative shall                                                           
     be conducted as [HELD AT THE TIME AND PLACE] provided                                                                  

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     in the bylaws of the cooperative. An annual meeting of the                                                             
     members of a cooperative that has been divided into districts as                                                           
     provided for in AS 10.25.190 may consist of separate annual                                                                
     meetings of the members of each district. Unless prohibited by                                                         
     the articles or bylaws of the cooperative, the members of a                                                            
     cooperative may conduct an annual meeting by teleconference                                                            
     or another means of communication that ensures all members                                                             
     participating can hear each other during the meeting.                                                                  
   * Sec. 9. AS 10.25.090(c) is amended to read:                                                                              
         (c)  An annual meeting of district delegates of a cooperative                                                          
     shall be conducted as [HELD AT THE TIME AND PLACE]                                                                     
     provided in the bylaws of the cooperative.                                                                             
   * Sec. 10. AS 10.25.100 is amended to read:                                                                                
         Sec. 10.25.100. Notice of meetings. Except as otherwise                                                              
     provided in this chapter, or the articles or bylaws of a                                                               
     cooperative, written notice stating the time and place of each                                                         
     meeting of the members or district delegates shall be given to each                                                        
     member or district delegate, in person [EITHER PERSONALLY]                                                             
     or by mail, electronic mail, or text message, not less than 15                                                         
     days nor [OR] more than 60 days before the date of the meeting.                                                        
     Notice of a special meeting of the members, together with notice                                                           
     of the purpose for which the meeting is called, shall be given to                                                          
     each member or district delegate [, EITHER] personally or by                                                               
     mail, electronic mail, or text message, not less than 90 days nor                                                  
     [OR] more than 120 days before the date of the meeting. If                                                                 
     mailed, notice is considered given when the notice [IT] is                                                             
     deposited in the United States mail with postage prepaid                                                                   
     addressed to the member or district delegate at the address of the                                                         
     member or delegate as the address [IT] appears on the records of                                                       
     the cooperative. When sent by text or electronic mail, notice is                                                       
     considered given when the notice is sent to the member's                                                               
     telephone number, if the telephone is capable of receiving text                                                        
     messages, or the electronic mailing address on record with the                                                         
     cooperative.                                                                                                           
   * Sec. 11. AS 10.25.110(a) is amended to read:                                                                             
         (a)  Unless the bylaws prescribe the presence of a greater                                                             
     percentage or number of the members for a quorum, a quorum for                                                             
     the transaction of business at all meetings of the members of a                                                            
     cooperative or the members of a district of a cooperative having                                                           
     not more than 1,000 members is five percent of all members [,                                                              

2020-03-19                     House Journal                      Page 1963
     PRESENT IN PERSON], and a quorum for the transaction of                                                                    
     business of the members of a cooperative or the members of a                                                               
     district of a cooperative having more than 1,000 members is 50                                                             
     members [, PRESENT IN PERSON]. If less than a quorum is                                                                    
     present, or is considered present under (c) of this section, at a                                                      
     meeting, a majority of those present, or considered present                                                            
     under (c) of this section [IN PERSON] may adjourn the meeting                                                          
     from time to time without further notice.                                                                                  
   * Sec. 12. AS 10.25.110 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (c)  Unless prohibited by the articles or bylaws, a member or                                                          
     delegate who votes on a matter by electronic communication                                                                 
     received or mail postmarked before a meeting begins is considered                                                          
     to have attended the meeting for the matter on which the member                                                            
     or delegate voted.                                                                                                         
   * Sec. 13. AS 10.25.175(a) is amended to read:                                                                             
         (a)  A meeting of the board of directors may be attended by                                                            
     members of the cooperative. Except when voice votes are                                                                    
     authorized, a vote shall be conducted in such a manner that the                                                            
     members may know the vote of each person entitled to vote. The                                                             
     board of directors may conduct a meeting by teleconference, or                                                         
     another means of communication that ensures all                                                                        
     participating directors can hear each other during the                                                                 
     meeting, [OR SIMILAR COMMUNICATIONS EQUIPMENT] if                                                                      
     the board gives reasonable notice of the meeting and if members                                                            
     of the cooperative are able to attend the meeting sites and hear the                                                       
     meeting. This section applies only to a meeting at which a quorum                                                          
     of the board participates.                                                                                                 
   * Sec. 14. AS 10.25.175(c) is amended to read:                                                                             
         (c)  The following excepted subjects may be discussed in an                                                            
     executive session:                                                                                                         
              (1)  matters the immediate knowledge of which would                                                               
     clearly have an adverse effect on the finances of the cooperative;                                                         
              (2)  subjects that tend to prejudice the reputation and                                                           
     character of a person; however, the person may request a public                                                            
     discussion;                                                                                                                
              (3)  matters discussed with an attorney for the                                                                   
     cooperative, the immediate knowledge of which could have an                                                                
     adverse effect on the legal position of the cooperative;                                                               
              (4)  personnel matters.                                                                                       

2020-03-19                     House Journal                      Page 1964
   * Sec. 15. AS 10.25.290(a) is amended to read:                                                                             
         (a)  A corporation organized under the laws of the state and                                                           
     supplying or having the corporate power to supply electric energy                                                          
     [,] or to furnish telephone or a related telecommunications                                                            
     service [,] may be converted into a cooperative by complying with                                                          
     the requirements of this section and thereupon becomes subject to                                                          
     this chapter as if originally organized under this chapter.                                                                
   * Sec. 16. AS 10.25.430 is amended to read:                                                                                
         Sec. 10.25.430. Validity of mortgage under Rural                                                                     
     Electrification Act [OF 1936]. A mortgage made by a                                                                      
     cooperative organized under this chapter to the United States of                                                           
     America, or an agency or instrumentality of it, to secure                                                                  
     indebtedness incurred under 7 U.S.C. 901 - 950bb-2 [7 U.S.C.                                                           
     901 - 950B] (Rural Electrification Act [OF 1936]), as amended, is                                                          
     not void as against creditors of the mortgagor and subsequent                                                              
     purchasers and encumbrancers of the property in good faith for                                                             
     value because the mortgage is not accompanied by an affidavit of                                                           
     the parties to it, or an affidavit of the agent or attorney-in-fact of a                                                   
     party to it, that the mortgage is made in good faith to secure the                                                         
     amount named, and without a design to hinder, delay or defraud                                                             
     creditors. A mortgage made by a cooperative organized under this                                                           
     chapter to the United States of America, or an agency or                                                                   
     instrumentality of it to secure indebtedness incurred under 7                                                          
     U.S.C. 901 - 950bb-2 [7 U.S.C. 901 - 950B] (Rural Electrification                                                      
     Act [OF 1936]), as amended, need not set out [FORTH] the date                                                          
     upon which the indebtedness secured by it becomes due.                                                                     
   * Sec. 17. AS 10.25.460 is amended to read:                                                                                
         Sec. 10.25.460. Registered office and registered agent.                                                              
     Each cooperative shall have and continuously maintain in the state                                                         
     a registered                                                                                                               
              (1)  office, which may be, but need not be, the same as                                                       
     the location of the principal office;                                                                                      
              (2)  agent who is either an individual resident in the state                                                  
     [AND] whose business office is identical with the registered office                                                        
     or a domestic or foreign corporation authorized to transact                                                            
     business in the state whose business office is identical with the                                                      
     registered office.                                                                                                     
   * Sec. 18. AS 10.25.810 is amended to read:                                                                                
         Sec. 10.25.810. Purpose. Cooperative, nonprofit, membership                                                          
     corporations may be organized under this chapter for the purpose                                                           

2020-03-19                     House Journal                      Page 1965
     of supplying electric energy or telephone or a related                                                                 
     telecommunications service and promoting and extending the use                                                         
     of these services.                                                                                                         
   * Sec. 19. AS 10.25.820 is amended to read:                                                                                
         Sec. 10.25.820. Chapter extended to existing cooperatives.                                                           
     This chapter applies to all nonprofit cooperatives organized under                                                         
     any other law of the state for the purpose of supplying electric                                                           
     energy and power, or telephone or a related telecommunications                                                         
     service, to its members, or for the purpose of promoting and                                                               
     extending the use of electric energy and power [,] or telephone or                                                     
     a related telecommunications service. These cooperatives are                                                           
     subject to this chapter as if originally organized under it.                                                               
   * Sec. 20. AS 10.25.840 is amended by adding a new paragraph to                                                            
read:                                                                                                                           
              (6)  "related telecommunications service" means                                                                   
                  (A)  the transmission and reception of messages,                                                              
         impressions, pictures, and signals by means of electricity,                                                            
         electromagnetic waves, or any other source of energy, force                                                            
         variations, or impulses, whether conveyed by cable, wire,                                                              
         radiated through space, or transmitted through other media; or                                                         
                  (B)  a service capable of electronically generating,                                                          
         acquiring, storing, transforming, processing, retrieving,                                                              
         utilizing, or making available information, through the use of                                                         
         broadband Internet access, data center services, information                                                           
         technology, or other technology services."                                                                             
                                                                                                                                
Page 1, line 7:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 21"                                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, following line 27:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 22. AS 10.25.030(b) and 10.25.400(e) are repealed."                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, line 31, following "by":                                                                                               
     Insert "sec. 21 of"                                                                                                        
                                                                                                                                

2020-03-19                     House Journal                      Page 1966
Page 11, line 3:                                                                                                                
     Delete "Section 2"                                                                                                         
     Insert "Sections 1 - 20, 22, and 23"                                                                                       
                                                                                                                                
Page 11, line 4:                                                                                                                
     Delete "sec. 3"                                                                                                            
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Representative Kopp moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 123(RBE)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  33   NAYS:  1   EXCUSED:  5   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Edgmon, Foster, Gillis,                                                                     
Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                     
Kreiss-Tomkins, LeBon, Merrick, Ortiz, Prax, Pruitt, Rauscher, Shaw,                                                            
Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                                     
Thompson, Tilton, Tuck, Vance, Wool, Zulkosky                                                                                   
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Fields, Jackson, LeDoux, Lincoln, Rasmussen                                                                           
                                                                                                                                
Absent:  Neuman                                                                                                                 
                                                                                                                                
And so, Amendment No. 2 was adopted, and the new title follows:                                                                 
                                                                                                                                
     CS FOR SENATE BILL NO. 123(RBE) am H                                                                                       
     "An Act relating to electric and telephone cooperatives; relating to                                                       
     telephone service and related telecommunications services;                                                                 
     relating to the creation and regulation of electric reliability                                                            
     organizations; relating to participation of electric utilities in                                                          
     electric reliability organizations; relating to duties of electric                                                         
     reliability organizations; providing for integrated resource                                                               

2020-03-19                     House Journal                      Page 1967
     planning; requiring project preapproval for certain interconnected                                                         
     large energy facilities; and providing for an effective date."                                                             
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Representative Neuman be excused from a call of the House today.                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
CSSB 123(RBE) am H be considered engrossed, advanced to third                                                                   
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSSB 123(RBE) am H was read the third time.                                                                                     
                                                                                                                                
The question being:  "Shall CSSB 123(RBE) am H pass the House?"                                                                 
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSSB 123(RBE) am H                                                                                                              
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  33   NAYS:  1   EXCUSED:  6   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Edgmon, Foster, Gillis,                                                                     
Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                     
Kreiss-Tomkins, LeBon, Merrick, Ortiz, Prax, Pruitt, Rauscher, Shaw,                                                            
Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                                     
Thompson, Tilton, Tuck, Vance, Wool, Zulkosky                                                                                   
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Fields, Jackson, LeDoux, Lincoln, Neuman, Rasmussen                                                                   
                                                                                                                                
And so, CSSB 123(RBE) am H passed the House.                                                                                    
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the roll call on the passage of the bill be considered the roll call on the                                                     
effective date clause.                                                                                                          
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                

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CSSB 123(RBE) am H                                                                                                              
Third Reading                                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  34   NAYS:  0   EXCUSED:  6   ABSENT:  0                                                                               
Yeas:  Carpenter, Claman, Drummond, Eastman, Edgmon, Foster,                                                                    
Gillis, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                             
Kreiss-Tomkins, LeBon, Merrick, Ortiz, Prax, Pruitt, Rauscher, Shaw,                                                            
Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                                     
Thompson, Tilton, Tuck, Vance, Wool, Zulkosky                                                                                   
                                                                                                                                
Excused:  Fields, Jackson, LeDoux, Lincoln, Neuman, Rasmussen                                                                   
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
the House adopt the Senate letter of intent (Senate Journal page 1866).                                                         
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
CSSB 123(RBE) am H was referred to the Chief Clerk for                                                                          
engrossment.