Legislature(2019 - 2020)

2020-03-24 Senate Journal

Full Journal pdf

2020-03-24                     Senate Journal                      Page 2256
SB 241                                                                                                                        
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 4?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Stevens,                                                                   
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak,                                                              
Shower, Stedman, von Imhof, Wilson                                                                                              
                                                                                                                                
Excused:  Costello, Reinbold                                                                                                    
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Senator Begich offered Amendment No. 5 :                                                                                         
                                                                                                                                
Page 9, following line 3:                                                                                                       
     Insert a new subsection to read:                                                                                           
     "(b)  It is the intent of the legislature that the division of elections                                                 
develop procedures for absentee and questioned ballot review and                                                                
recounts that allow for social distancing while maintaining a rigorous                                                        
and transparent process that gives voters, candidates, and parties faith                                                        
in the integrity of the election."                                                                                              
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 5. Senator                                                               
Coghill objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 5 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 5?                                                                                                                
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2257
YEAS:  6   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak,                                                              
Shower, Stedman, Stevens, von Imhof, Wilson                                                                                     
                                                                                                                                
Excused:  Costello, Reinbold                                                                                                    
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 
                                                                                                                                
Senator Begich offered Amendment No. 6 :                                                                                         
                                                                                                                                
Page 9, following line 3:                                                                                                       
     Insert a new subsection to read:                                                                                           
     "(b)  The director of the division of elections shall make                                                                 
reasonable efforts to provide secure roadside ballot deposit boxes for                                                          
all elections by mail held in the state in calendar year 2020 during the                                                        
public health disaster emergency declared by the governor under                                                                 
AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act."                                                             
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 6. Senator                                                               
Coghill objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 6 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 6?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak,                                                              
Shower, Stedman, Stevens, von Imhof, Wilson                                                                                     
                                                                                                                                
Excused:  Costello, Reinbold                                                                                                    
                                                                                                                                
and so, Amendment No. 6 failed.                                                                                                 
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2258
Senator Begich offered Amendment No. 7 :                                                                                         
                                                                                                                                
Page 9, following line 3:                                                                                                       
     Insert a new subsection to read:                                                                                           
     "(b)  Notwithstanding AS 15.20.081(d) or another provision of                                                              
law, during the public health disaster emergency declared by the                                                                
governor under AS 26.23.020 on March 11, 2020, as extended by sec.                                                              
2 of this Act, a voter voting in an election by mail held under this                                                            
section may, without a witness, certify, as prescribed in AS 09.63.020,                                                         
under penalty of perjury, that the statements in the voter's certification                                                      
are true."                                                                                                                      
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 7. Senator                                                               
Coghill objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 7 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 7?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak,                                                              
Shower, Stedman, Stevens, von Imhof, Wilson                                                                                     
                                                                                                                                
Excused:  Costello, Reinbold                                                                                                    
                                                                                                                                
and so, Amendment No. 7 failed.                                                                                                 
                                                                                                                                
Senator Kawasaki offered Amendment No. 8 :                                                                                       
                                                                                                                                
Page 8, line 31, through page 9, line 2:                                                                                        
     Delete "the lieutenant governor may, after consultation with the                                                           
commissioner of health and social services, direct that a primary or                                                            
statewide special election to be held in the state in calendar year 2020                                                        
be held"                                                                                                                        
     Insert "for the duration of the public health disaster emergency                                                           
declaration issued by the governor on March 11, 2020, the director of                                                           
the division of elections shall conduct all elections"                                                                          
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2259
Senator Kawasaki moved for the adoption of Amendment No. 8.                                                                     
Senator Coghill objected.                                                                                                       
                                                                                                                                
Senator Micciche rose to a point of order. President Giessel cautioned                                                          
members to proceed in order.                                                                                                    
                                                                                                                                
The question being: "Shall Amendment No. 8 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 8?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak,                                                              
Shower, Stedman, Stevens, von Imhof, Wilson                                                                                     
                                                                                                                                
Excused:  Costello, Reinbold                                                                                                    
                                                                                                                                
and so, Amendment No. 8 failed.                                                                                                 
                                                                                                                                
Senator Kawasaki offered Amendment No. 9 :                                                                                       
                                                                                                                                
Page 9, lines 9 - 11:                                                                                                           
     Delete "An application received after March 31, 2020, is exempt                                                            
from automatic voter registration under AS 15.07.070(i) - (m)."                                                                 
                                                                                                                                
Senator Kawasaki moved for the adoption of Amendment No. 9.                                                                     
Senator Wilson objected, then withdrew his objection. There being no                                                            
further objection, Amendment No. 9 was adopted.                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 10 :                                                                                  
                                                                                                                                
Page 1, line 6, following "applications;":                                                                                    
     Insert "relating to repossession of motor vehicles;"                                                                     
                                                                                                                                
Page 9, following line 11:                                                                                                      
     Insert a new section to read:                                                                                              
"* Sec. 11. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   

2020-03-24                     Senate Journal                      Page 2260
     REPOSSESSION OF MOTOR VEHICLES. Notwithstanding                                                                            
another provision of law to the contrary, during the public health                                                              
disaster emergency declared by the governor under AS 26.23.020 on                                                               
March 11, 2020, as extended by sec. 2 of this Act, a creditor or a                                                              
person acting on behalf of a creditor may not repossess or otherwise                                                            
take possession of a motor vehicle solely because the debtor is in                                                              
default under a loan or security agreement or is unable to make a loan                                                          
or other agreed on payment. In this section, "motor vehicle" has the                                                            
meaning given AS 28.90.990."                                                                                                    
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, line 4:                                                                                                                
     Delete "6 - 12"                                                                                                            
     Insert "6 - 13"                                                                                                            
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 10.                                                                
Senator Coghill objected. Senator Wielechowski moved and asked                                                                  
unanimous consent to withdraw Amendment No. 10. Without                                                                         
objection, Amendment No. 10 was withdrawn.                                                                                      
                                                                                                                                
Amendment No. 11 was not offered.                                                                                               
                                                                                                                                
Senator Gray-Jackson offered Amendment No. 12 :                                                                                  
                                                                                                                                
Page 1, line 8, following "meetings;":                                                                                        
     Insert "relating to the teachers' retirement system and the                                                              
Public Employees' Retirement System of Alaska;"                                                                               
                                                                                                                                
Page 10, following line 3:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 13. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     COST OF LIVING ADJUSTMENTS UNDER THE TEACHERS'                                                                             
RETIREMENT SYSTEM AND THE PUBLIC EMPLOYEES'                                                                                     
RETIREMENT SYSTEM OF ALASKA. (a) Notwithstanding                                                                                
AS 14.25.142(b) and to the extent consistent with 26 U.S.C. 401(a)                                                              
and 414(d) (Internal Revenue Code), during the public health disaster                                                           
emergency declared by the governor under AS 26.23.020 on                                                                        
March 11, 2020, as extended by sec. 2 of this Act, a person receiving a                                                         

2020-03-24                     Senate Journal                      Page 2261
cost-of-living allowance under AS 14.25.142 who has notified the                                                                
commissioner of administration or the commissioner's designee that                                                              
the person expects to be absent from the state for a continuous period                                                          
that first exceeds 90 days on or after March 11, 2020, remains entitled                                                         
to receive the allowance after the 90-day period for as long as the                                                             
person is absent from the state because of protective measures,                                                                 
including a voluntary or compulsory quarantine, related to avoiding or                                                          
preventing the spread of the novel coronavirus disease (COVID-19).                                                              
     (b)  Notwithstanding AS 39.35.480(b) and to the extent consistent                                                          
with 26 U.S.C. 401(a) and 414(d) (Internal Revenue Code), during the                                                            
public health disaster emergency declared by the governor under                                                                 
AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a                                                            
person receiving a cost-of-living allowance under AS 39.35.480 who                                                              
has notified the commissioner of administration or the commissioner's                                                           
designee that the person expects to be absent from the state for a                                                              
continuous period that first exceeds 90 days on or after March 11,                                                              
2020, remains entitled to receive the allowance after the 90-day period                                                         
for as long as the person is absent from the state because of protective                                                        
measures, including a voluntary or compulsory quarantine, related to                                                            
avoiding or preventing the spread of the novel coronavirus disease                                                              
(COVID-19)."                                                                                                                    
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, line 4:                                                                                                                
     Delete "6 - 12"                                                                                                            
     Insert "6 - 13"                                                                                                            
                                                                                                                                
Senator Gray-Jackson moved for the adoption of Amendment No. 12.                                                                
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 12 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 12?                                                                                                               
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2262
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman,                                                                 
Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Revak, Shower,                                                              
Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, Amendment No. 12 was adopted.                                                                                           
                                                                                                                                
Amendment No. 13 was not offered.                                                                                               
                                                                                                                                
Senator Kiehl offered Amendment No. 14 :                                                                                         
                                                                                                                                
Page 5, line 4, following "(COVID-19).":                                                                                        
  Insert "The chief medical officer may issue standing orders                                                                   
establishing sanitation procedures for retail sellers."                                                                         
                                                                                                                                
Page 5, line 24, following "section,":                                                                                          
  Insert "(1)"                                                                                                                  
                                                                                                                                
Page 5, line 25, following "AS 18.15.395":                                                                                      
  Insert ";                                                                                                                     
       (2)  "retail seller" includes                                                                                            
          (A)  a market, grocery store, convenience store, drug store, or                                                       
     similar establishment that                                                                                                 
            (i)  is located in a permanent building; and                                                                        
            (ii)  sells to consumers household supplies, perishable                                                             
       items, or food merchandise, including meat, produce, dairy                                                               
       products, or snack foods"                                                                                                
                                                                                                                                
Senator Kiehl moved for the adoption of Amendment No. 14. Senator                                                               
Coghill objected, then withdrew his objection. There being no further                                                           
objection, Amendment No. 14 was adopted.                                                                                        
                                                                                                                                
Senator Gray-Jackson offered Amendment No. 15 :                                                                                  
                                                                                                                                
Page 1, line 8, following "meetings;":                                                                                        
     Insert "providing for electronic and videoconference                                                                     
notification, verification, and acknowledgment of documents"                                                                  
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2263
Page 9, line 27:                                                                                                                
     Delete "MEETINGS OF SHAREHOLDERS; NOTICE OF                                                                                
SHAREHOLDER MEETINGS."                                                                                                          
     Insert      "ELECTRONIC             AND        VIDEOCONFERENCE                                                             
COMMUNICATIONS AUTHORIZED."                                                                                                     
                                                                                                                                
Page 10, following line 3:                                                                                                      
     Insert "(c) Notwithstanding the requirement for in-person                                                                  
notarization, verification, and acknowledgment of a document                                                                    
required by law to be notarized, verified, or acknowledged under                                                                
AS 09.63, AS 13.26.600, AS 13.52.010, and AS 13.75.010, and                                                                     
notwithstanding the prohibitions under AS 44.50.062, a document may                                                             
be notarized, verified, or acknowledged by video conferencing                                                                   
between the person who executes the document and the person                                                                     
notarizing, verifying, or acknowledging it.                                                                                     
     (d)  Notwithstanding AS 13.12.502, a will may be signed,                                                                   
witnessed, and acknowledged in person or by videoconference. Within                                                             
60 days after the execution of a will by videoconference, each witness                                                          
shall sign either the original will signed by the testator or an exact                                                          
facsimile of the will signed by the testator.                                                                                   
     (e)  In (c) and (d) of this section, "videoconference" means a                                                             
conference using technology that enables the testator, notary, or the                                                           
person making the acknowledgment and the person executing the                                                                   
document and witnesses to, while in different locations,                                                                        
simultaneously communicate orally and maintain visual contact."                                                                 
                                                                                                                                
Senator Gray-Jackson moved for the adoption of Amendment No. 15.                                                                
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 15 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 15?                                                                                                               
                                                                                                                                
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Hughes, Kawasaki, Kiehl, Olson,                                                                    
Reinbold, Shower, Stevens, Wielechowski                                                                                         
                                                                                                                                
Nays:  Bishop, Coghill, Giessel, Hoffman, Micciche, Revak, Stedman,                                                             
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2264
and so, Amendment No. 15 was adopted.                                                                                           
                                                                                                                                
Amendment No. 16 was not offered.                                                                                               
                                                                                                                                
Amendment No. 17 was not offered.                                                                                               
                                                                                                                                
CS FOR SENATE BILL NO. 241(RLS) am was automatically in third                                                                   
reading.                                                                                                                        
                                                                                                                                
Senator Hughes moved and asked unanimous consent to abstain from                                                                
voting due to a conflict of interest. Senator Hoffman objected and                                                              
Senator Hughes was required to vote.                                                                                            
                                                                                                                                
Senator Olson moved and asked unanimous consent to abstain from                                                                 
voting due to a conflict of interest. Senator Hoffman objected and                                                              
Senator Olson was required to vote.                                                                                             
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO.                                                                               
241(RLS) am "An Act extending the March 11, 2020, governor's                                                                    
declaration of a public health disaster emergency in response to the                                                            
novel coronavirus disease (COVID-19) pandemic; relating to the                                                                  
COVID-19 outbreak; relating to a financing plan; relating to standing                                                           
orders of the chief medical officer; relating to occupational and                                                               
professional licensing; relating to telemedicine and telehealth; relating                                                       
to fingerprinting requirements; relating to elections in calendar year                                                          
2020; relating to permanent fund dividend applications; relating to                                                             
automatic voter registration; relating to tax filings, payments, and                                                            
penalties; relating to shareholder meetings; relating to the teachers'                                                          
retirement system and the Public Employees' Retirement System of                                                                
Alaska; providing for electronic and videoconference notification,                                                              
verification, and acknowledgment of documents; and providing for an                                                             
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
CSSB 241(RLS) am                                                                                                                
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                

2020-03-24                     Senate Journal                      Page 2265
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman,                                                                 
Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Revak, Shower,                                                              
Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                               
                                                                                                                                
Excused:  Costello                                                                                                              
                                                                                                                                
and so, CS FOR SENATE BILL NO. 241(RLS) am passed the Senate.                                                                   
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Senator Begich gave notice of reconsideration.