Legislature(2019 - 2020)

2019-05-14 Senate Journal

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2019-05-14                     Senate Journal                      Page 1161
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           THIRTY-FIRST LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                     Tuesday                     May 14, 2019                                                   
                                                                                                                                
                          One Hundred Twentieth Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Giessel at 8:04 a.m.                                                                                                            
                                                                                                                                
The roll showed twenty members present.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Senator Bishop. Senator                                                                 
Hoffman moved and asked unanimous consent the prayer be spread.                                                                 
Without objection, it was so ordered.                                                                                           
                                                                                                                                
    What follows is the first prayer of the Continental Congress,                                                               
    given in Philadelphia on September 7, 1774.                                                                                 
                                                                                                                                
    "O Lord our Heavenly Father, high and mighty King of kings,                                                                 
    and Lord of lords, who dost from thy throne behold all the                                                                  
    dwellers on earth and reignest with power supreme and                                                                       
    uncontrolled over all the Kingdoms, Empires and                                                                             
    Governments; look down in mercy, we beseech Thee, on these                                                                  
    our American States, who have fled to Thee from the rod of                                                                  
    the oppressor and thrown themselves on Thy gracious                                                                         
    protection, desiring to be henceforth dependent only on Thee.                                                               
                                                                                                                                
    To Thee have they appealed for the righteousness of their                                                                   
    cause; to Thee do they now look up for that countenance and                                                                 
    support, which Thou alone canst give.                                                                                       
                                                                                                                                
    Take them, therefore, Heavenly Father, under Thy nurturing                                                                  
    care; give them wisdom in Council and valor in the field;                                                                   
    defeat the malicious designs of our cruel adversaries; convince                                                             
    them of the unrighteousness of their Cause and if they persist                                                              

2019-05-14                     Senate Journal                      Page 1162
    in their sanguinary purposes, of own unerring justice, sounding                                                             
    in their hearts, constrain them to drop the weapons of war from                                                             
    their unnerved hands in the day of battle!                                                                                  
                                                                                                                                
    Be Thou present, O God of wisdom, and direct the councils of                                                                
    this honorable assembly; enable them to settle things on the                                                                
    best and surest foundation.                                                                                                 
                                                                                                                                
    That the scene of blood may be speedily closed; that order,                                                                 
    harmony and peace may be effectually restored, and truth and                                                                
    justice, religion and piety, prevail and flourish amongst the                                                               
    people.                                                                                                                     
                                                                                                                                
    Preserve the health of their bodies and vigor of their minds;                                                               
    shower down on them and the millions they here represent,                                                                   
    such temporal blessings as Thou seest expedient for them in                                                                 
    this world and crown them with everlasting glory in the world                                                               
    to come.                                                                                                                    
                                                                                                                                
    All this we ask in the name and through the merits of Jesus                                                                 
    Christ, Thy Son and our Savior."           Amen.                                                                            
                                                                                                                                
Senator Coghill led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Costello moved and asked unanimous consent the journal for                                                              
the one hundred nineteenth legislative day be approved as certified by                                                          
the Secretary. Without objection, it was so ordered.                                                                            
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 44                                                                                                                         
The Labor and Commerce Committee considered HOUSE BILL                                                                          
NO. 44 "An Act relating to fees for using an automated teller machine;                                                          
and providing for an effective date." Signing do pass: Senator                                                                  
Reinbold, Chair; Senators Birch, Bishop, Costello, Gray-Jackson.                                                                
                                                                                                                                

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The following previously published fiscal information applies:                                                                  
         Fiscal Note No. 1, zero, Department of Commerce, Community,                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 104                                                                                                                        
The Labor and Commerce Committee considered CS FOR HOUSE                                                                        
BILL NO. 104(L&C) am "An Act relating to exemptions from                                                                        
mortgage lender, mortgage broker, and mortgage loan originator                                                                  
licensing requirements; and providing for an effective date." Signing                                                           
do pass: Senator Reinbold, Chair; Senators Birch, Bishop, Costello,                                                             
Gray-Jackson.                                                                                                                   
                                                                                                                                
The following previously published fiscal information applies:                                                                  
         Fiscal Note No. 1, zero, Department of Commerce, Community,                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 106                                                                                                                        
SENATE BILL NO. 106 "An Act relating to renewal of insurance                                                                    
coverage for homeowners and renters; and providing for an effective                                                             
date" was read the second time.                                                                                                 
                                                                                                                                
Senator Costello moved and asked unanimous consent for the adoption                                                             
of the Labor and Commerce Committee Substitute offered on                                                                       
page 1108. Without objection, CS FOR SENATE BILL                                                                                
NO. 106(L&C) was adopted.                                                                                                       
                                                                                                                                
Senator Costello moved and asked unanimous consent the bill be                                                                  
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 106(L&C) was read the third time.                                                                        
                                                                                                                                

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Senators Hughes, Reinbold, Kiehl moved and asked unanimous                                                                      
consent to be shown as cosponsors on the bill. Without objection, it                                                            
was so ordered.                                                                                                                 
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 106(L&C)                                                                      
"An Act relating to renewal of insurance coverage for homeowners                                                                
and renters; and providing for an effective date" pass the Senate?" The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSSB 106(L&C)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, CS FOR SENATE BILL NO. 106(L&C) 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 clauses.                                                       
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 104                                                                                                                        
CS FOR HOUSE BILL NO. 104(L&C) am "An Act relating to                                                                           
exemptions from mortgage lender, mortgage broker, and mortgage                                                                  
loan originator licensing requirements; and providing for an effective                                                          
date" was read the second time.                                                                                                 
                                                                                                                                
President Giessel stated CS FOR HOUSE BILL NO. 104(L&C) am                                                                      
will advance to third reading on the May 15 calendar.                                                                           
                                                                                                                                
                                                                                                                                
                                                                                                                                

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                        House Bills in Second Reading                                                                        
                                                                                                                                
HB 49                                                                                                                         
SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S "An                                                                            
Act relating to criminal law and procedure; relating to marriage as a                                                           
defense to certain crimes of sexual assault; establishing the crime of                                                          
possession of motor vehicle theft tools; relating to controlled                                                                 
substances; relating to electronic monitoring; relating to probation and                                                        
parole; relating to sentencing; amending the definitions of 'most                                                               
serious felony,' 'sex offense,' and 'sex offender'; relating to registration                                                    
of sex offenders; relating to the automated victim notification system;                                                         
relating to reporting child abuse or neglect; relating to Alaska Native                                                         
organizations; relating to the village public safety officer program;                                                           
relating to cancellation of a driver's license; relating to driving while                                                       
license canceled; relating to operating under the influence; relating to                                                        
restoration of a driver's license; relating to refusal to submit to a                                                           
chemical test; relating to the use of headlights; relating to the powers                                                        
and duties of the commissioner of corrections; relating to pretrial                                                             
services; relating to the duties of a prosecuting attorney; relating to                                                         
testing of sexual assault examination kits; relating to reports of                                                              
involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d),                                                                
Alaska Rules of Criminal Procedure; and providing for an effective                                                              
date" which had been returned to and held in second reading (page                                                               
1155) was before the Senate.                                                                                                    
                                                                                                                                
Senator Kiehl offered Amendment No. 7:                                                                                          
                                                                                                                                
Page 67, line 20, through page 68, line 10:                                                                                     
     Delete all material and insert:                                                                                            
"* Sec. 104. AS 33.05.020(h) is amended to read:                                                                              
          (h)  The commissioner shall establish by regulation a program                                                         
     allowing probationers to earn credits for complying with the                                                               
     conditions of probation. The credits earned reduce the period of                                                           
     probation. Nothing in this subsection prohibits the department                                                             
     from recommending to the court the early discharge of the                                                                  
     probationer as provided in AS 33.30. At a minimum, the                                                                     
     regulations must                                                                                                           
              (1)  require that a probationer earn a credit of 10 [30]                                                      
     days for each 30-day period served in which the defendant                                                                  
     complied with the conditions of probation;                                                                                 

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              (2)  include policies and procedures for                                                                          
                   (A)  calculating and tracking credits earned by                                                              
          probationers;                                                                                                         
                   (B)  reducing the probationer's period of probation                                                          
          based on credits earned by the probationer; and                                                                       
                   (C)  notifying a victim under AS 33.30.013;                                                                  
              (3)  require that a probationer convicted of [A SEX                                                               
     OFFENSE AS DEFINED IN AS 12.63.100 OR] a crime                                                                             
     involving domestic violence as defined in AS 18.66.990 complete                                                            
     all treatment programs required as a condition of probation before                                                         
     discharge based on credits earned under this subsection."                                                                  
                                                                                                                                
 Page 77, line 29, through page 78, line 20:                                                                                    
     Delete all material and insert:                                                                                            
"* Sec. 123. AS 33.16.270 is amended to read:                                                                                 
          Sec. 33.16.270. Earned compliance credits. The                                                                      
     commissioner shall establish by regulation a program allowing                                                              
     parolees to earn credits for complying with the conditions of                                                              
     parole. The earned compliance credits reduce the period of parole.                                                         
     Nothing in this section prohibits the department from                                                                      
     recommending to the board the early discharge of the parolee as                                                            
         provided in this chapter. At a minimum, the regulations must                                                          
              (1)  require that a parolee earn a credit of 10 [30] days for                                                 
     each 30-day period served in which the parolee complied with the                                                           
     conditions of parole;                                                                                                      
              (2)  include policies and procedures for                                                                          
                   (A)  calculating and tracking credits earned by                                                              
          parolees;                                                                                                             
                   (B)  reducing the parolee's period of parole based on                                                        
          credits earned by the parolee and notifying a victim under                                                            
          AS 33.30.013;                                                                                                         
(3)  require that a parolee convicted of [A SEX OFFENSE AS                                                                      
DEFINED IN AS 12.63.100 OR] a crime involving domestic violence                                                                 
complete all treatment programs required as a condition of parole                                                               
before discharge based on credits earned under this section."                                                                   
                                                                                                                                
Senator Kiehl moved for the adoption of Amendment No. 7. Senator                                                                
Micciche objected.                                                                                                              
                                                                                                                                
                                                                                                                                

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The question being: "Shall Amendment No. 7 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Second Reading                                                                                                                  
Amendment No. 7?                                                                                                                
                                                                                                                                
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Gray-Jackson, Hoffman,                                                                   
Kawasaki, Kiehl, Olson, Reinbold, Stevens, von Imhof, Wielechowski                                                              
                                                                                                                                
Nays:  Costello, Giessel, Hughes, Micciche, Shower, Stedman, Wilson                                                             
                                                                                                                                
and so, Amendment No. 7 was adopted.                                                                                            
                                                                                                                                
Senator Kiehl offered Amendment No. 8:                                                                                          
                                                                                                                                
Page 40, line 27, through page 41, line 9:                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 42, line 28:                                                                                                               
     Delete "[SUBJECT TO THE LIMITS SET OUT IN                                                                                  
AS 12.55.110]"                                                                                                                  
     Insert "subject to the limits set out in AS 12.55.110"                                                                     
                                                                                                                                
Page 44, following line 20:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 73. AS 12.55.110(c) is amended to read:                                                                               
          (c)  If a defendant is serving a period of probation for an                                                           
     offense, the court may find that the defendant has committed a                                                             
     technical violation of probation. If the court finds that a defendant                                                      
     has committed a technical violation of probation that does not                                                             
     include absconding, the court may reinstate the term of probation                                                          
     with appropriate conditions or impose a sentence of imprisonment                                                           
     of not more than                                                                                                           
              (1)  zero to three days for the first probation revocation;                                                   
     or                                                                                                                     
              (2)  [FIVE DAYS FOR THE SECOND PROBATION                                                                          
     REVOCATION;                                                                                                                

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              (3)  10 DAYS FOR THE THIRD PROBATION                                                                              
     REVOCATION; OR                                                                                                             
              (4)]  the remainder of the suspended portion of the                                                               
     sentence for a second [FOURTH] or subsequent probation                                                                 
     revocation."                                                                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 69, lines 19 - 21:                                                                                                         
     Delete "[, INCLUDING RESPONSES TO TECHNICAL                                                                                
VIOLATIONS OF CONDITIONS OF PROBATION,]"                                                                                        
     Insert ", including responses to technical violations of conditions                                                        
of probation,"                                                                                                                  
                                                                                                                                
Page 77, lines 5 - 14:                                                                                                          
     Delete all material and insert:                                                                                            
"* Sec. 121. AS 33.16.215(a) is amended to read:                                                                              
          (a)  If a parolee is serving a period of parole for an offense,                                                       
     the board may find that the parolee has committed a technical                                                              
     violation of parole. If the board finds that a parolee has committed                                                       
     a technical violation of parole that does not include absconding,                                                          
     the board may reinstate the term of parole with appropriate                                                                
     conditions or revoke parole and impose a term of imprisonment of                                                           
     not more than                                                                                                              
              (1)  zero to three days for the first parole revocation; and                                              
              (2)  [FIVE DAYS FOR THE SECOND PAROLE                                                                             
     REVOCATION;                                                                                                                
              (3)  10 DAYS FOR THE THIRD PAROLE                                                                                 
     REVOCATION; AND                                                                                                            
              (4)]  the remainder of the sentence for a second                                                              
     [FOURTH] or subsequent parole revocation."                                                                                 
                                                                                                                                
Page 77, line 19:                                                                                                               
     Delete "[SUBJECT TO THE LIMITS SET OUT IN                                                                                  
AS 33.16.215,]"                                                                                                                 
     Insert "subject to the limits set out in AS 33.16.215,"                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

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Page 80, lines 30 - 31:                                                                                                         
     Delete "[PROBATIONERS AND PAROLEES ADMITTED                                                                                
SOLELY FOR A TECHNICAL VIOLATION;]"                                                                                             
     Insert "probationers and parolees admitted solely for a technical                                                          
violation;"                                                                                                                     
                                                                                                                                
Page 89, line 10:                                                                                                               
     Delete "12.55.110(c), 12.55.110(d), 12.55.110(e)"                                                                          
     Insert "12.55.110(d)"                                                                                                      
                                                                                                                                
Page 89, line 11:                                                                                                               
     Delete "12.55.110(g), 12.55.110(h),"                                                                                       
     Insert "12.55.110(h)(1),"                                                                                                  
                                                                                                                                
Page 89, line 13:                                                                                                               
     Delete "33.16.215,"                                                                                                        
                                                                                                                                
Page 92, line 17:                                                                                                               
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     Insert "sec. 66"                                                                                                           
                                                                                                                                
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     Insert "sec. 71"                                                                                                           
                                                                                                                                

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Page 93, line 14:                                                                                                               
     Delete "sec. 73"                                                                                                           
     Insert "sec. 72"                                                                                                           
                                                                                                                                
Page 94, line 7:                                                                                                                
     Delete "Act."                                                                                                              
     Insert "Act;                                                                                                               
          (12)  AS 33.16.215(a), as amended to read by sec. 121 of this                                                         
Act."                                                                                                                           
                                                                                                                                
Page 94, line 10:                                                                                                               
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 94, line 21:                                                                                                               
     Delete "sec. 66"                                                                                                           
     Insert "sec. 65"                                                                                                           
                                                                                                                                
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     Delete "sec. 66"                                                                                                           
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Insert "sec. 65"                                                                                                                
                                                                                                                                
Senator Kiehl moved for the adoption of Amendment No. 8. Senator                                                                
Micciche objected.                                                                                                              
                                                                                                                                
The question being: "Shall Amendment No. 8 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Second Reading                                                                                                                  
Amendment No. 8?                                                                                                                
                                                                                                                                
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

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Yeas:  Begich, Birch, Coghill, Gray-Jackson, Kawasaki, Kiehl, Olson,                                                            
Stevens, Wielechowski                                                                                                           
                                                                                                                                
Nays:  Bishop, Costello, Giessel, Hoffman, Hughes, Micciche,                                                                    
Reinbold, Shower, Stedman, von Imhof, Wilson                                                                                    
                                                                                                                                
Olson changed from "Nay" to "Yea".                                                                                              
                                                                                                                                
and so, Amendment No. 8 failed.                                                                                                 
                                                                                                                                
Senators Shower, Wilson, Micciche, Hughes offered Amendment                                                                     
No. 10:                                                                                                                         
                                                                                                                                
Page 64, line 23, following "ordered":                                                                                      
     Insert "under (v) or (w) of this section or"                                                                           
                                                                                                                                
Page 65, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 100. AS 28.35.030 is amended by adding new subsections to                                                             
read:                                                                                                                           
          (v)  In addition to the penalties imposed under (n) of this                                                           
     section, if a person is convicted under (n) of this section and has                                                        
     been convicted two or more times under (n) of this section or a                                                            
     similar law of another jurisdiction at any time preceding the date                                                         
     of the present offense, upon conviction, the court shall                                                                   
     permanently revoke the person's driver's license, privilege to                                                             
     drive, or privilege to obtain a license.                                                                                   
          (w)  In addition to the penalties imposed under (b) of this                                                           
     section, if a person is convicted under (a) of this section and the                                                        
     person has previously had the person's driver's license restored                                                           
     under (o) of this section or under AS 28.35.032(q), upon                                                                   
     conviction, the court shall permanently revoke the person's                                                                
     driver's license, privilege to drive, or privilege to obtain a license."                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 66, line 27, following "jurisdiction":                                                                                 
     Insert "or the revocation was ordered under AS 28.35.030(v) or                                                         
(w)"                                                                                                                        
                                                                                                                                
                                                                                                                                

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Page 93, following line 1:                                                                                                      
     Insert a new paragraph to read:                                                                                            
          "(18)  AS 28.35.030(v) and (w), enacted by sec. 100 of this                                                           
Act;"                                                                                                                           
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 93, line 2:                                                                                                                
     Delete "sec. 100"                                                                                                          
     Insert "sec. 101"                                                                                                          
                                                                                                                                
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Page 93, line 23:                                                                                                               
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2019-05-14                     Senate Journal                      Page 1173
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2019-05-14                     Senate Journal                      Page 1174
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2019-05-14                     Senate Journal                      Page 1175
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2019-05-14                     Senate Journal                      Page 1176
Page 95, line 29:                                                                                                               
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     Insert "Sections 103, 147, 149, and 152"                                                                                   
                                                                                                                                
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Senator Shower moved for the adoption of Amendment No. 10.                                                                      
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 10 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Second Reading                                                                                                                  
Amendment No. 10?                                                                                                               
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, Amendment No. 10 was adopted.                                                                                           
                                                                                                                                
Senator Reinbold offered Amendment No. 9:                                                                                       
                                                                                                                                
Page 30, lines 20 - 22:                                                                                                         
     Delete all material and insert:                                                                                            
              "(12)  violates AS 11.71.050(a)(4) and has been                                                               
          previously convicted of a crime under AS 11.71.050(a)(4)."                                                       
                                                                                                                                
Page 30, lines 28 - 29:                                                                                                         
     Delete "in AS 03.05, AS 17.30, and AS 17.38 [AS 17.30]"                                                                
     Insert "AS 17.30 and AS 17.38"                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1177
Page 31, line 7, through page 32, line 3:                                                                                       
     Delete all material and insert:                                                                                            
              "(4)  under circumstances not proscribed under                                                                    
     AS 11.71.030(a)(3), 11.71.040(a)(3), or 11.71.040(a)(4) [, OR                                                          
     11.71.060(a)(2),] possesses any amount of a schedule IA, IIA,                                                              
     IIIA, IVA, VA, or VIA controlled substance."                                                                               
                                                                                                                                
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     Insert "or"                                                                                                                
                                                                                                                                
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Page 89, line 9, following "11.71.040(a)(11)":                                                                                  
     Insert ", 11.71.060(a)(2)"                                                                                                 
                                                                                                                                
Senator Reinbold moved for the adoption of Amendment No. 9.                                                                     
Senator Micciche objected.                                                                                                      
                                                                                                                                
Senator Wielechowski moved for the adoption of the following                                                                    
amendment to Amendment No. 9:                                                                                                   
                                                                                                                                
Page 1, line 14:                                                                                                                
 Delete "VIA"                                                                                                                   
                                                                                                                                
Page 1, line 15:                                                                                                                
 Insert a new subsection to read:                                                                                               
  (4) under circumstances not proscribed under                                                                                  
AS 11.71.040(a)(4), possesses                                                                                                   
   (E) one or more preparations, compounds, mixtures, or                                                                        
substances of an aggregate weight of one ounce or more containing a                                                             
schedule VIA controlled substance.                                                                                              
                                                                                                                                
Legislative Legal is directed to make conforming changes.                                                                       
                                                                                                                                
Senator Micciche objected then withdrew his objection. There being                                                              
no further objection, Amendment No. 9 was amended.                                                                              
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1178
Senator Hughes moved and asked unanimous consent to be shown as a                                                               
cosponsor on Amendment No. 9 as amended. Without objection, it                                                                  
was so ordered.                                                                                                                 
                                                                                                                                
The question being: "Shall Amendment No. 9 as amended be                                                                        
adopted?" The roll was taken with the following result:                                                                         
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Second Reading                                                                                                                  
Amendment No. 9 as Amended?                                                                                                     
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, Amendment No. 9 as amended was adopted.                                                                                 
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S was                                                                            
automatically in third reading.                                                                                                 
                                                                                                                                
Senator Hughes moved and asked unanimous consent to abstain from                                                                
voting due to a conflict of interest. Senator Micciche objected and                                                             
Senator Hughes was required to vote.                                                                                            
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 49(FIN) am S "An Act relating to criminal law and procedure;                                                                
relating to marriage as a defense to certain crimes of sexual assault;                                                          
establishing the crime of possession of motor vehicle theft tools;                                                              
relating to controlled substances; relating to electronic monitoring;                                                           
relating to probation and parole; relating to sentencing; amending the                                                          
definitions of 'most serious felony,' 'sex offense,' and 'sex offender';                                                        
relating to registration of sex offenders; relating to the automated                                                            
victim notification system; relating to reporting child abuse or neglect;                                                       
relating to Alaska Native organizations; relating to the village public                                                         
safety officer program; relating to cancellation of a driver's license;                                                         
relating to driving while license canceled; relating to operating under                                                         
the influence; relating to restoration of a driver's license; relating to                                                       
refusal to submit to a chemical test; relating to the use of headlights;                                                        
relating to the powers and duties of the commissioner of corrections;                                                           
relating to pretrial services; relating to the duties of a prosecuting                                                          

2019-05-14                     Senate Journal                      Page 1179
attorney; relating to testing of sexual assault examination kits; relating                                                      
to reports of involuntary commitment; amending Rules 6(r)(6), 38.2,                                                             
and 45(d), Alaska Rules of Criminal Procedure; and providing for an                                                             
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S                                                                        
passed the Senate.                                                                                                              
                                                                                                                                
Senator Costello moved for the adoption of the court rule changes.                                                              
                                                                                                                                
The question being: "Shall the court rule changes be adopted?" The                                                              
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Adopt Court Rule Changes                                                                                                        
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, the court rule changes were adopted.                                                                                    
                                                                                                                                
Senator Costello moved for the adoption of the effective date clauses.                                                          
                                                                                                                                
The question being: "Shall the effective date clauses be adopted?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Effective Date Clauses                                                                                                          
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1180
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, the effective date clauses were adopted.                                                                                
                                                                                                                                
SCR 7                                                                                                                         
Senator Costello moved and asked unanimous consent to take up                                                                   
SENATE CONCURRENT RESOLUTION NO. 7 which had been                                                                               
held on the Secretary's desk (page 1131). Without objection, the                                                                
resolution was before the Senate on final passage.                                                                              
                                                                                                                                
The question being: "Shall SENATE CONCURRENT RESOLUTION                                                                         
NO. 7 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                            
the Alaska State Legislature, concerning House Bill No. 49, relating to                                                         
criminal law and procedure; relating to pretrial services; establishing                                                         
the crime of possession of motor vehicle theft tools; relating to                                                               
electronic monitoring; relating to controlled substances; relating to                                                           
probation and parole; relating to sentencing; amending the definitions                                                          
of "most serious felony," "sex offense," and "sex offender"; relating to                                                        
registration of sex offenders; relating to operating under the influence;                                                       
relating to refusal to submit to a chemical test; relating to the duties of                                                     
the commissioner of corrections; relating to testing of sexual assault                                                          
examination kits; relating to reports of involuntary commitment; and                                                            
amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure,                                                            
pass the Senate?" The roll was taken with the following result:                                                                 
                                                                                                                                
SCR 7                                                                                                                           
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, SENATE CONCURRENT RESOLUTION NO. 7 passed the                                                                           
Senate.                                                                                                                         
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1181
                        Reconsideration of House Bills                                                                       
                                                                                                                                
HB 49                                                                                                                         
Senator Begich gave notice of reconsideration on SENATE CS FOR                                                                  
CS FOR HOUSE BILL NO. 49(FIN) am S and moved and asked                                                                          
unanimous consent it be taken up. Without objection, the bill was                                                               
before the Senate on reconsideration.                                                                                           
                                                                                                                                
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                                                    
HOUSE BILL NO. 49(FIN) am S "An Act relating to criminal law and                                                                
procedure; relating to marriage as a defense to certain crimes of sexual                                                        
assault; establishing the crime of possession of motor vehicle theft                                                            
tools; relating to controlled substances; relating to electronic                                                                
monitoring; relating to probation and parole; relating to sentencing;                                                           
amending the definitions of 'most serious felony,' 'sex offense,' and                                                           
'sex offender'; relating to registration of sex offenders; relating to the                                                      
automated victim notification system; relating to reporting child abuse                                                         
or neglect; relating to Alaska Native organizations; relating to the                                                            
village public safety officer program; relating to cancellation of a                                                            
driver's license; relating to driving while license canceled; relating to                                                       
operating under the influence; relating to restoration of a driver's                                                            
license; relating to refusal to submit to a chemical test; relating to the                                                      
use of headlights; relating to the powers and duties of the                                                                     
commissioner of corrections; relating to pretrial services; relating to                                                         
the duties of a prosecuting attorney; relating to testing of sexual                                                             
assault examination kits; relating to reports of involuntary                                                                    
commitment; amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules                                                               
of Criminal Procedure; and providing for an effective date" pass the                                                            
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Third Reading - On Reconsideration                                                                                              
Court Rules      Effective Dates                                                                                                
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1182
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stevens, von Imhof, Wielechowski, Wilson                                                                      
                                                                                                                                
Absent:  Stedman                                                                                                                
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S                                                                        
passed the Senate on reconsideration.                                                                                           
                                                                                                                                
Senator Costello moved and asked unanimous consent the vote on                                                                  
reconsideration be considered the vote on the court rule changes.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Senator Costello moved and asked unanimous consent the vote on                                                                  
reconsideration be considered the vote on the effective date clauses.                                                           
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                
                                                                                                                                
                    Reconsideration of Senate Resolutions                                                                    
                                                                                                                                
SCR 7                                                                                                                         
Senator Costello gave notice of reconsideration on SENATE                                                                       
CONCURRENT RESOLUTION NO. 7 and moved and asked                                                                                 
unanimous consent that it be taken up. Without objection, the                                                                   
resolution was before the Senate on reconsideration.                                                                            
                                                                                                                                
The question to be reconsidered: "Shall SENATE CONCURRENT                                                                       
RESOLUTION NO. 7 Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                  
Uniform Rules of the Alaska State Legislature, concerning House Bill                                                            
No. 49, relating to criminal law and procedure; relating to pretrial                                                            
services; establishing the crime of possession of motor vehicle theft                                                           
tools; relating to electronic monitoring; relating to controlled                                                                
substances; relating to probation and parole; relating to sentencing;                                                           
amending the definitions of "most serious felony," "sex offense," and                                                           
"sex offender"; relating to registration of sex offenders; relating to                                                          
operating under the influence; relating to refusal to submit to a                                                               
chemical test; relating to the duties of the commissioner of corrections;                                                       
relating to testing of sexual assault examination kits; relating to reports                                                     
of involuntary commitment; and amending Rules 6(r)(6) and 38.2,                                                                 
Alaska Rules of Criminal Procedure, pass the Senate?" The roll was                                                              
taken with the following result:                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1183
SCR 7                                                                                                                           
Final Passage on Reconsideration                                                                                                
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stevens, von Imhof, Wielechowski, Wilson                                                                      
                                                                                                                                
Absent:  Stedman                                                                                                                
                                                                                                                                
and so, SENATE CONCURRENT RESOLUTION NO. 7 passed the                                                                           
Senate on reconsideration and was referred to the Secretary for                                                                 
engrossment.                                                                                                                    
                                                                                                                                
                                                                                                                                
                     Second Reading of House Resolutions                                                                     
                                                                                                                                
HJR 12                                                                                                                        
HOUSE JOINT RESOLUTION NO. 12 Supporting the completion of                                                                      
the Northern Rail Extension; supporting the increase in defensive                                                               
capabilities at Fort Greely, Alaska; and encouraging the development                                                            
of critical Arctic infrastructure, was read the second time.                                                                    
                                                                                                                                
Senator Costello moved and asked unanimous consent the resolution                                                               
be advanced to third reading and placed on final passage. Without                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 12 was read the third time.                                                                          
                                                                                                                                
The question being: "Shall HOUSE JOINT RESOLUTION NO. 12                                                                        
Supporting the completion of the Northern Rail Extension; supporting                                                            
the increase in defensive capabilities at Fort Greely, Alaska; and                                                              
encouraging the development of critical Arctic infrastructure, pass the                                                         
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
HJR 12                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1184
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, HOUSE JOINT RESOLUTION NO. 12 passed the Senate,                                                                        
was signed by the President and Secretary and returned to the House.                                                            
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
President Giessel stated in accordance with Rule 43(b), Alaska State                                                            
Legislature Uniform Rules, engrossment may be waived on all bills                                                               
transmitted to the House this legislative day.                                                                                  
                                                                                                                                
Senator Begich moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from September 1 to October 14. Without                                                               
objection, Senator Begich was excused.                                                                                          
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Costello moved and asked unanimous consent the Senate                                                                   
stand in recess to a call of the Chair. Without objection, the Senate                                                           
recessed at 11:10 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 5:06 p.m.                                                                                              
                                                                                                                                
Senator Costello moved and asked unanimous consent to return to                                                                 
Messages from the House. Without objection, the Senate returned to:                                                             
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
SB 29                                                                                                                         
Message dated May 14 was read stating the House passed and                                                                      
returned:                                                                                                                       
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1185
            SENATE BILL NO. 29 "An Act extending the                                                                            
            termination date of the Board of Marine Pilots;                                                                     
            and providing for an effective date."                                                                               
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 91                                                                                                                         
Message dated May 14 was read stating the House passed and                                                                      
returned:                                                                                                                       
                                                                                                                                
            CS FOR SENATE BILL NO. 91(FIN) "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."                                                                         
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SJR 11                                                                                                                        
Message dated May 14 was read stating the House passed and                                                                      
returned:                                                                                                                       
                                                                                                                                
            CS FOR SENATE JOINT RESOLUTION                                                                                      
            NO. 11(TRA) Urging the United States to issue                                                                       
            a Presidential permit authorizing a railroad                                                                        
            crossing of the Alaska-Canada border from                                                                           
            state land into Yukon, Canada; and supporting                                                                       
            cooperation between the United States and                                                                           
            Canada to establish a public-private partnership                                                                    
            for construction of a railroad from Alberta,                                                                        
            Canada, to the state that would connect the                                                                         
            Alaska Railroad to the North American railroad                                                                      
            system.                                                                                                             
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1186
Message dated May 14 was read stating the House passed and                                                                      
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 87                                                                                                                         
CS FOR HOUSE BILL NO. 87(FIN) BY THE HOUSE FINANCE                                                                              
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
            "An Act relating to the liquefied natural gas storage                                                              
             facility tax credit; and providing for an effective                                                               
          date."                                                                                                                
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 71                                                                                                                         
Message dated May 14 was read stating the House passed and returned                                                             
for consideration SENATE BILL NO. 71 "An Act making corrective                                                                  
amendments to the Alaska Statutes as recommended by the revisor of                                                              
statutes" with the following amendment:                                                                                         
                                                                                                                                
          HOUSE CS FOR SENATE BILL NO. 71(JUD)                                                                                  
                                                                                                                                
Senator Costello moved the Senate concur in the House amendment.                                                                
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS SB 71(JUD)                                                                                                                  
Shall the Senate Concur in the House                                                                                            
Amendment to SB 71?                                                                                                             
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1187
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR SENATE BILL NO. 71(JUD) "An Act making                                                                             
corrective amendments to the Alaska Statutes as recommended by the                                                              
revisor of statutes."                                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 83                                                                                                                         
Message dated May 14 was read stating the House passed and returned                                                             
for consideration SENATE BILL NO. 83 "An Act relating to the                                                                    
Regulatory Commission of Alaska; relating to the public utility                                                                 
regulatory cost charge; relating to the regulation of                                                                           
telecommunications; relating to exemptions, charges, and rates                                                                  
applicable to telecommunications utilities; relating to regulation of                                                           
telephone services; and relating to alternate operator services" with the                                                       
following amendment:                                                                                                            
                                                                                                                                
          HOUSE CS FOR SENATE BILL NO. 83(L&C) "An                                                                              
          Act relating to the Regulatory Commission of                                                                          
          Alaska; relating to the public utility regulatory cost                                                                
          charge; relating to the regulation of                                                                                 
          telecommunications; relating to exemptions, charges,                                                                  
          and rates applicable to telecommunications utilities;                                                                 
          relating to regulation of telephone services; relating                                                                
          to exempt employees; and relating to alternate                                                                        
          operator services."                                                                                                   
          (Title change HCR 7)                                                                                                  
                                                                                                                                
Senator Costello moved the Senate concur in the House amendment.                                                                
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS SB 83(L&C)                                                                                                                  
Shall the Senate Concur in the House                                                                                            
Amendment to SB 83?                                                                                                             
                                                                                                                                
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1188
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Micciche, Olson, Reinbold, Shower,                                                                    
Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                               
                                                                                                                                
Nays:  Kawasaki, Kiehl                                                                                                          
                                                                                                                                
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR SENATE BILL NO. 83(L&C) "An Act relating to                                                                        
the Regulatory Commission of Alaska; relating to the public utility                                                             
regulatory cost charge; relating to the regulation of                                                                           
telecommunications; relating to exemptions, charges, and rates                                                                  
applicable to telecommunications utilities; relating to regulation of                                                           
telephone services; relating to exempt employees; and relating to                                                               
alternate operator services."                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HCR 7                                                                                                                         
Senator Costello moved and asked unanimous consent to take up                                                                   
HOUSE CONCURRENT RESOLUTION NO. 7. Without objection,                                                                           
the resolution was before the Senate on final passage.                                                                          
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 7 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                            
the Alaska State Legislature, concerning Senate Bill No. 83, relating to                                                        
the Regulatory Commission of Alaska; relating to the public utility                                                             
regulatory cost charge; relating to the regulation of                                                                           
telecommunications; relating to exemptions, charges, and rates                                                                  
applicable to telecommunications utilities; relating to regulation of                                                           
telephone services; and relating to alternate operator services, pass the                                                       
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
HCR 7                                                                                                                           
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1189
and so, HOUSE CONCURRENT RESOLUTION NO. 7 passed the                                                                            
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
SB 95                                                                                                                         
Message dated May 14 was read stating the House passed and returned                                                             
for consideration SENATE BILL NO. 95 "An Act approving the                                                                      
transfer of certain Alaska Railroad Corporation land; and providing for                                                         
an effective date" with the following amendments:                                                                               
                                                                                                                                
          HOUSE CS FOR SENATE BILL                                                                                              
          NO. 95(RES) am H "An Act directing the sale of                                                                        
          certain land to the Tok Shooters Association, Inc.;                                                                   
          approving the transfer of certain Alaska Railroad                                                                     
          Corporation land; and providing for an effective                                                                      
          date." (Title change HCR 5)                                                                                           
                                                                                                                                
Senator Costello moved the Senate concur in the House amendments.                                                               
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                
HCS SB 95(RES) am H                                                                                                             
Shall the Senate Concur in the House                                                                                            
Amendments to SB 95?      Effective Date                                                                                        
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR SENATE BILL NO. 95(RES) am H "An Act                                                                               
directing the sale of certain land to the Tok Shooters Association, Inc.;                                                       
approving the transfer of certain Alaska Railroad Corporation land;                                                             
and providing for an effective date."                                                                                           
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1190
Senator Costello moved and asked unanimous consent the vote on                                                                  
concurrence be considered the vote on the effective date clause.                                                                
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HCR 5                                                                                                                         
Senator Costello moved and asked unanimous consent to take up                                                                   
HOUSE CONCURRENT RESOLUTION NO. 5. Without objection,                                                                           
the resolution was before the Senate on final passage.                                                                          
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 5 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                            
the Alaska State Legislature, concerning Senate Bill No. 95, approving                                                          
the transfer of certain Alaska Railroad Corporation land, pass the                                                              
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
HCR 5                                                                                                                           
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
and so, HOUSE CONCURRENT RESOLUTION NO. 5 passed the                                                                            
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
                               Recede Messages                                                                               
                                                                                                                                
HB 49                                                                                                                         
Message dated May 14 was read stating the House failed to concur in                                                             
the Senate amendments to CS FOR HOUSE BILL NO. 49(FIN) am                                                                       
"An Act relating to criminal law and procedure; relating to pretrial                                                            
services; establishing the crime of possession of motor vehicle theft                                                           
tools; relating to electronic monitoring; relating to controlled                                                                

2019-05-14                     Senate Journal                      Page 1191
substances; relating to probation and parole; relating to sentencing;                                                           
amending the definitions of 'most serious felony,' 'sex offense,' and                                                           
'sex offender'; relating to registration of sex offenders; relating to                                                          
operating under the influence; relating to refusal to submit to a                                                               
chemical test; relating to the duties of the commissioner of corrections;                                                       
relating to testing of sexual assault examination kits; relating to reports                                                     
of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska                                                              
Rules of Criminal Procedure; and providing for an effective date" and                                                           
respectfully requests the Senate to recede from its amendments,                                                                 
namely:                                                                                                                         
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 49(FIN) am S "An Act relating to criminal law                                                                     
          and procedure; relating to marriage as a defense to                                                                   
          certain crimes of sexual assault; establishing the                                                                    
          crime of possession of motor vehicle theft tools;                                                                     
          relating to controlled substances; relating to                                                                        
          electronic monitoring; relating to probation and                                                                      
          parole; relating to sentencing; amending the                                                                          
          definitions of 'most serious felony,' 'sex offense,' and                                                              
          'sex offender'; relating to registration of sex                                                                       
          offenders; relating to the automated victim                                                                           
          notification system; relating to reporting child abuse                                                                
          or neglect; relating to Alaska Native organizations;                                                                  
          relating to the village public safety officer program;                                                                
          relating to cancellation of a driver's license; relating                                                              
          to driving while license canceled; relating to                                                                        
          operating under the influence; relating to restoration                                                                
          of a driver's license; relating to refusal to submit to a                                                             
          chemical test; relating to the use of headlights;                                                                     
          relating to the powers and duties of the commissioner                                                                 
          of corrections; relating to pretrial services; relating to                                                            
          the duties of a prosecuting attorney; relating to                                                                     
          testing of sexual assault examination kits; relating to                                                               
          reports of involuntary commitment; amending Rules                                                                     
          6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal                                                                    
          Procedure; and providing for an effective date."                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1192
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 Claman, Chair                                                                                               
     Representative Kopp                                                                                                        
     Representative Pruitt                                                                                                      
                                                                                                                                
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 CSHB 49(FIN) am S                                                                                                           
Shall the Senate Recede from its Amendments                                                                                     
to CSHB 49(FIN) am?                                                                                                             
                                                                                                                                
YEAS:  0   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Nays:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski,                                                                    
Wilson                                                                                                                          
                                                                                                                                
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 Hughes, Chair                                                                                                      
     Senator Shower                                                                                                             
     Senator Wielechowski                                                                                                       
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 123                                                                                                                        
SENATE BILL NO. 123 BY THE SENATE SPECIAL COMMITTEE                                                                             
ON THE RAILBELT ELECTRIC SYSTEM, entitled:                                                                                      
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1193
           "An Act relating to the regulation of electric utilities                                                            
            and electric reliability organizations; and providing                                                              
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Senate Special Committee                                                            
on the Railbelt Electric System and Finance Committee.                                                                          
                                                                                                                                
SB 124                                                                                                                        
SENATE BILL NO. 124 BY SENATOR GIESSEL, entitled:                                                                               
                                                                                                                                
          "An Act relating to the duties of the Alaska Mental                                                                   
          Health Board; establishing the Alaska Psychiatric                                                                     
          Institute Oversight Board; relating to state psychiatric                                                              
          hospital records; and providing for an effective date."                                                               
                                                                                                                                
was read the first time and referred to the Health and Social Services                                                          
and Finance Committees.                                                                                                         
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 106                                                                                                                        
CS FOR SENATE BILL NO. 106(L&C) "An Act relating to renewal                                                                     
of insurance coverage for homeowners and renters; and providing for                                                             
an effective date" was engrossed, signed by the President and                                                                   
Secretary and transmitted to the House for consideration.                                                                       
                                                                                                                                
HB 49                                                                                                                         
SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) am S "An                                                                            
Act relating to criminal law and procedure; relating to marriage as a                                                           
defense to certain crimes of sexual assault; establishing the crime of                                                          
possession of motor vehicle theft tools; relating to controlled                                                                 
substances; relating to electronic monitoring; relating to probation and                                                        
parole; relating to sentencing; amending the definitions of 'most                                                               
serious felony,' 'sex offense,' and 'sex offender'; relating to registration                                                    

2019-05-14                     Senate Journal                      Page 1194
of sex offenders; relating to the automated victim notification system;                                                         
relating to reporting child abuse or neglect; relating to Alaska Native                                                         
organizations; relating to the village public safety officer program;                                                           
relating to cancellation of a driver's license; relating to driving while                                                       
license canceled; relating to operating under the influence; relating to                                                        
restoration of a driver's license; relating to refusal to submit to a                                                           
chemical test; relating to the use of headlights; relating to the powers                                                        
and duties of the commissioner of corrections; relating to pretrial                                                             
services; relating to the duties of a prosecuting attorney; relating to                                                         
testing of sexual assault examination kits; relating to reports of                                                              
involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d),                                                                
Alaska Rules of Criminal Procedure; and providing for an effective                                                              
date" was engrossed, signed by the President and Secretary and                                                                  
returned to the House for consideration.                                                                                        
                                                                                                                                
SCR 7                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 7 Suspending Rules                                                                             
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 49, relating to criminal law                                                             
and procedure; relating to pretrial services; establishing the crime of                                                         
possession of motor vehicle theft tools; relating to electronic                                                                 
monitoring; relating to controlled substances; relating to probation and                                                        
parole; relating to sentencing; amending the definitions of "most                                                               
serious felony," "sex offense," and "sex offender"; relating to                                                                 
registration of sex offenders; relating to operating under the influence;                                                       
relating to refusal to submit to a chemical test; relating to the duties of                                                     
the commissioner of corrections; relating to testing of sexual assault                                                          
examination kits; relating to reports of involuntary commitment; and                                                            
amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure,                                                            
was engrossed, signed by the President and Secretary and transmitted                                                            
to the House for consideration.                                                                                                 
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Costello moved and asked unanimous consent the Senate                                                                   
stand in adjournment until 11:00 a.m., May 15, 2019. Without                                                                    
objection, the Senate adjourned at 5:35 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1195
                                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                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
May 14 Tuesday Senate Finance 532 9:00 AM                                                                                     
              -- MEETING CANCELED --                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 15 Wednesday Senate Finance 532 9:00 AM                                                                                   
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
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 15 Wednesday Beltz 105 (tsbldg) 1:30 PM                                                                                   
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 17 Friday Beltz 105 (tsbldg) 1:30 PM                                                                                      
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                

2019-05-14                     Senate Journal                      Page 1196
                                STATE AFFAIRS                                                                                
                                                                                                                                
May 14        Tuesday                         Butrovich 205           3:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 16        Thursday                        Butrovich 205           3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
May 14        Tuesday                         Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 16        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
May 15        Wednesday                   Adams Room 519              7:00 AM                                                 
              -- Teleconference Listen Only --                                                                                  
              Legislative Audit Storage Area Network                                                                            
              Procurement                                                                                                       
              Executive Session                                                                                                 
              - Final Audit Release: FY18 Statewide Single                                                                      
              Audit                                                                                                             
              Other Committee Business                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                    CONFERENCE COMMITTEE ON HB39 AND HB40                                                                    
                                                                                                                                
May 14        Tuesday                   Senate Finance 532          10:00 AM                                                  
              -- Delayed to 8:00 p.m. --                                                                                        
+= HB  39 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB  40 APPROP: MENTAL HEALTH BUDGET                                                                                          
                   ----------------------------------------                                                                    

2019-05-14                     Senate Journal                      Page 1197
                      CONFERENCE COMMITTEES (continued)                                                                      
                                                                                                                                
                         CONFERENCE COMMITTEE ON HB49                                                                        
                                                                                                                                
May 15        Wednesday                       Butrovich 205          12:00 PM                                                 
+ HB  49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE