Legislature(2019 - 2020)
2019-05-06 Senate Journal
Full Journal pdf2019-05-06 Senate Journal Page 1031 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTY-FIRST LEGISLATURE FIRST SESSION Juneau, Alaska Monday May 6, 2019 One Hundred Twelfth Day Pursuant to adjournment the Senate was called to order by President Giessel at 2:03 p.m. The roll showed nineteen members present. Senator Kawasaki was absent. Senator Begich moved and asked unanimous consent Senator Kawasaki be excused from a call of the Senate today. Without objection, Senator Kawasaki was excused. The prayer was offered by the Chaplain, Gretchen Bishop, Juneau Friends Meeting. Senator Hoffman moved and asked unanimous consent the prayer be spread. Without objection, it was so ordered. God, help us to focus on what is really important. Help us to let go of all the little things that don’t matter. Help us to let go of what blocks the spirit. Help us to focus on what promotes justice and peace. Help us to embrace respect for all voices around the table. Amen. Senator Stedman led the Senate in the Pledge of Allegiance. Certification Senator Costello moved and asked unanimous consent the journals for the one hundred ninth through one hundred eleventh legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2019-05-06 Senate Journal Page 1032 Messages from the Governor SB 41 Message was read stating the Governor signed the following bill on May 6 and transmitted the engrossed and enrolled copies to the Lieutenant Governor’s Office for permanent filing: SENATE BILL NO. 41 "An Act relating to the number of superior court judges in the third judicial district; and providing for an effective date." Chapter 2, SLA 2019 Effective Date: 7/1/19 Messages from the House HB 12 Message dated May 3 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 12(JUD), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 12(JUD) "An Act relating to protective orders." Message dated May 3 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 16 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 16 BY REPRESENTATIVES TARR, Wilson, Rauscher, Josephson, Stutes, Tuck, entitled: "An Act relating to shared animal ownership; and relating to the sharing and sale of raw milk and raw milk products." was read the first time and referred to the Resources and Finance Committees. 2019-05-06 Senate Journal Page 1033 HB 41 CS FOR HOUSE BILL NO. 41(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to management of enhanced stocks of shellfish; authorizing certain nonprofit organizations to engage in shellfish enhancement projects; authorizing the Department of Fish and Game to collect fee revenue from applicants for certain salmon hatchery permits and from applicants for shellfish enhancement project permits; relating to application fees for salmon hatchery permits; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 78 HOUSE BILL NO. 78 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to insurance; relating to an insurer's corporate annual disclosure; relating to insurance company holding systems; and providing for an effective date." was read the first time and referred to the Rules Committee. Recede Messages HB 39 Message dated May 3 was read stating the House failed to concur in the Senate amendments to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 39(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making supplemental appropriations; and providing for an effective date" and respectfully requests the Senate to recede from its amendments, namely: 2019-05-06 Senate Journal Page 1034 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 39(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making supplemental appropriations and reappropriations; and providing for an effective date." (Title Change SCR 3) In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Foster, Chair Representative Wilson Representative Tilton Senator Costello moved the Senate recede from its amendments and recommended the body vote no. The question being: "Shall the Senate recede from its amendments?" The roll was taken with the following result: SCS CSSSHB 39(FIN) am S Shall the Senate Recede from its Amendments to CSSSHB 39(FIN) am(brf sup maj fld)? YEAS: 0 NAYS: 19 EXCUSED: 1 ABSENT: 0 Nays: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Kawasaki and so, the Senate failed to recede. President Giessel appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Stedman, Chair Senator von Imhof Senator Olson The Secretary was requested to notify the House. 2019-05-06 Senate Journal Page 1035 HB 40 Message dated May 3 was read stating the House failed to concur in the Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 40(FIN) and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 40(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Foster, Chair Representative Wilson Representative Tilton Senator Costello moved the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment?" The roll was taken with the following result: SCS CSSSHB 40(FIN) Shall the Senate Recede from its Amendment to CSSSHB 40(FIN)? YEAS: 0 NAYS: 19 EXCUSED: 1 ABSENT: 0 Nays: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Kawasaki and so, the Senate failed to recede. 2019-05-06 Senate Journal Page 1036 President Giessel appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Stedman, Chair Senator von Imhof Senator Olson The Secretary was requested to notify the House. Standing Committee Reports SB 52 Forthcoming fiscal information (page 937) for the Judiciary Committee Substitute for SENATE BILL NO. 52 "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date" was published today: Fiscal Note No. 5, Department of Commerce, Community, and Economic Development SB 74 The Finance Committee considered SENATE BILL NO. 74 "An Act relating to funding for Internet services for school districts" and recommended it be replaced with CS FOR SENATE BILL NO. 74(FIN) "An Act relating to funding for Internet services for school districts; and providing for an effective date." Signing do pass: Senator von Imhof, Cochair; Senators Micciche, Hoffman, Bishop. Signing no recommendation: Senators Wielechowski, Wilson. 2019-05-06 Senate Journal Page 1037 The following fiscal information was published today: Fiscal Note No. 2, Department of Education and Early Development The bill was referred to the Rules Committee. SB 91 The Finance Committee considered SENATE BILL NO. 91 "An Act relating to the development and operation of a hydroelectric site at the Nuyakuk River Falls; providing for the amendment of the management plan for the Wood-Tikchik State Park; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 91(FIN) Signing do pass: Senator Stedman, Cochair; Senators Hoffman, Bishop. Signing no recommendation: Senator von Imhof, Cochair; Senators Micciche, Shower, Wilson. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Natural Resources The bill was referred to the Rules Committee. HB 14 The Finance Committee considered CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; relating to sentencing; providing for an aggravating factor at sentencing for strangulation that 2019-05-06 Senate Journal Page 1038 results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications." (Title Change SCR 5) Signing do pass: Senators Stedman, von Imhof, Cochairs; Senators Micciche, Hoffman, Shower, Wilson, Bishop. The following fiscal information was published today: Fiscal Note No. 10, Department of Corrections Fiscal Note No. 11, zero, Office of the Governor Fiscal Note No. 12, zero, Alaska Judiciary System The following previously published fiscal information applies: Fiscal Note No. 8, indeterminate, Department of Administration Fiscal Note No. 9, indeterminate, Department of Administration The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 120 SENATE BILL NO. 120 BY SENATOR GIESSEL BY REQUEST, entitled: "An Act relating to administration of psychotropic medication to a patient without the patient's informed consent; and providing for an effective date." was read the first time and referred to the Health and Social Services Committee. Consideration of the Calendar Second Reading of House Bills HB 48 CS FOR HOUSE BILL NO. 48(FIN) am "An Act removing from the exempt service of the state persons who are employed in a professional capacity to make a temporary or special inquiry, study, or examination as authorized by the governor and including those 2019-05-06 Senate Journal Page 1039 persons in the partially exempt service of the state; repealing the authority of the governor or a designee of the governor to authorize higher pay than is otherwise allowable for certain partially exempt employees in the executive branch; requiring the commissioner of administration to submit a report to the legislature; and providing for an effective date" was read the second time. Senator Costello moved and asked unanimous consent the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 48(FIN) am was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 48(FIN) am "An Act removing from the exempt service of the state persons who are employed in a professional capacity to make a temporary or special inquiry, study, or examination as authorized by the governor and including those persons in the partially exempt service of the state; repealing the authority of the governor or a designee of the governor to authorize higher pay than is otherwise allowable for certain partially exempt employees in the executive branch; requiring the commissioner of administration to submit a report to the legislature; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 48(FIN) am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Kawasaki and so, CS FOR HOUSE BILL NO. 48(FIN) am passed the Senate. Senator Costello 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 and the bill was signed by the President and Secretary and returned to the House. 2019-05-06 Senate Journal Page 1040 Citations Honoring - Xavier Mason Representative Jackson Honoring - 2019 House Floor Staff Representative Kopp Honoring - Amy Jo Meiners Representatives Story, Hannan Senator Kiehl Honoring - Joann Jones Representatives Story, Hannan Senator Kiehl In Memoriam - Karen Janicek Senator Kiehl In Memoriam - Myrna M. Maynard Senator Birch Representatives Revak, Jackson Senator Costello moved and asked unanimous consent the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Hughes moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, May 28 through evening plane time, June 3 and from morning plane time, June 20 through evening plane time, June 27. Without objection, Senator Hughes was excused. 2019-05-06 Senate Journal Page 1041 Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Adjournment Senator Costello moved and asked unanimous consent the Senate stand in adjournment until 11:00 a.m., May 7, 2019. Without objection, the Senate adjourned at 2:30 p.m. Liz Clark Secretary of the Senate 2019-05-06 Senate Journal Page 1042 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS May 07 Tuesday Beltz 105 (tsbldg) 3:30 PM + HJR 10 SUPPORTING ROAD BELT ELECTRICAL LINE -- Public Testimony -- + HJR 14 URGING SUPPORT FOR NOME DEEP-DRAFT PORT -- Public Testimony -- + HJR 9 ELIZABETH PERATROVICH COMMEMORATIVE COIN -- Public Testimony -- May 09 Thursday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION May 06 Monday Capitol 106 8:30 AM -- Please Note Time & Location -- -- Joint with House Education -- + Presentation: "Alaska's University for Alaska's Schools: Teacher Preparation, Retention & Recruitment Initiatives at the University of Alaska" (Annual Report per AS 14.40.190b) -- Teleconference Listen Only -- **Streamed live on AKL.tv** May 07 Tuesday Butrovich 205 9:00 AM No Meeting Scheduled 2019-05-06 Senate Journal Page 1043 EDUCATION (continued) May 09 Thursday Butrovich 205 9:00 AM No Meeting Scheduled ---------------------------------------- FINANCE May 06 Monday Senate Finance 532 9:00 AM + HB 106 SCHOOL BOND DEBT REIMBURSEMENT -- Public Testimony -- + Bills Previously Heard/Scheduled: += HB 14 ASSAULT; SEX OFFENSES; SENT. AGGRAVATOR += SB 91 NUYAKUK RIVER: HYDROELECTRIC SITE May 06 Monday Senate Finance 532 1:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled May 07 Tuesday Senate Finance 532 9:00 AM += SB 19 APPROP: CAPITAL BUDGET; SUPPLEMENTAL <Bill Hearing Rescheduled to 5/8/19 at 9:00 a.m.> + Bills Previously Heard/Scheduled May 07 Tuesday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled May 08 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled: += SB 19 APPROP: CAPITAL BUDGET; SUPPLEMENTAL <Bill Hearing Rescheduled from 5/7/19> May 08 Wednesday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled May 09 Thursday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled May 09 Thursday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled May 10 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled 2019-05-06 Senate Journal Page 1044 FINANCE (continued) May 10 Friday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled May 11 Saturday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled May 12 Sunday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES May 06 Monday Butrovich 205 1:30 PM No Meeting Scheduled May 08 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled May 10 Friday Butrovich 205 1:30 PM No Meeting Scheduled May 13 Monday Butrovich 205 1:30 PM No Meeting Scheduled May 15 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled May 17 Friday Butrovich 205 1:30 PM No Meeting Scheduled May 20 Monday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY May 06 Monday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled 2019-05-06 Senate Journal Page 1045 JUDICIARY (continued) May 08 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled May 10 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE May 07 Tuesday Beltz 105 (tsbldg) 1:30 PM + SB 106 HOMEOWNER/RENTER INSURANCE RENEWAL + Bills Previously Heard/Scheduled: += SB 11 MILITARY SPOUSE COURTESY LICENSE -- Public Testimony -- May 09 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES May 06 Monday Butrovich 205 3:30 PM No Meeting Scheduled May 08 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled May 10 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS May 07 Tuesday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled May 09 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- 2019-05-06 Senate Journal Page 1046 TRANSPORTATION May 07 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled May 09 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES JOINT ARMED SERVICES COMMITTEE May 09 Thursday Senate Finance 532 11:15 AM -- Please Note Time Change -- + Presentations by: - Brigadier General Torrence Saxe, The Adjutant General, Alaska National Guard Commissioner, Alaska Department of Military & Veterans' Affairs - Colonel Cory Mendenhall, Representing the Lieutenant General, Alaska North American Aerospace Defense Region, Alaskan Command, Eleventh Air Force - Colonel Adam Lange, Representing the Commanding General, U.S. Army Alaska - Rear Admiral Matthew Bell, Commander, Seventeenth U.S. Coast Guard District ---------------------------------------- LEGISLATIVE COUNCIL May 06 Monday Senate Finance 532 12:00 PM + Ratification of Charity Events - 2nd Annual "Flying Through Time" Silver Gala Committee Business - Per Diem Budget Transfer Contract Approvals - ITB 633 - Terry Miller Building Retaining Wall Cap & Rail - Bethel Office Space Renewal - FY20 Microsoft Enterprise Software Renewal -- Teleconference Listen Only -- **Streamed live on AKL.tv**