Legislature(2019 - 2020)

2019-05-16 Senate Journal

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2019-05-16                     Senate Journal                      Page 1215
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           THIRTY-FIRST LEGISLATURE                                                                          
                                                                                                                                
                            FIRST SPECIAL SESSION                                                                            
                                                                                                                                
Juneau, Alaska Thursday May 16, 2019                                                                                          
                                                                                                                                
                                  First Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to the May 15 Proclamation of the Governor calling for the                                                             
convening of the First Special Session of the Thirty-First Alaska                                                               
Legislature, the Senate was called to order by President Giessel                                                                
at 10:03 a.m.                                                                                                                   
                                                                                                                                
The roll showed fifteen members present. Senator Begich was excused                                                             
from a call of the Senate. Senators Birch, Gray-Jackson, Olson,                                                                 
Stevens were absent.                                                                                                            
                                                                                                                                
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.                                                                                           
                                                                                                                                
           Therefore, if anyone is in Christ, he is a new creation.                                                            
              The old has passed away; behold, the new has come.                                                               
          (2nd Corinthians 5:17)                                                                                                
                                                                                                                                
          Remember not the former things, nor consider the                                                                      
          things of old. Behold, I am doing a new thing; now it                                                                 
          springs forth, do you not perceive it? I will make a                                                                  
          way in the wilderness and rivers in the desert.                                                                       
          (Isaiah 43:18-19)                                                                                                     
                                                                                                                                
Senator Hoffman led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1216
                                Certification                                                                                
                                                                                                                                
Senator Costello moved and asked unanimous consent the journal for                                                              
the one hundred twenty-first day of the first session be approved as                                                            
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
                            Executive Proclamation                                                                             
                                                                                                                                
Under the authority of Article II, Section 9, and Article III, Section 17,                                                      
Constitution of the State of Alaska, and in the public interest, I call the                                                     
Thirty-First Legislature of the State of Alaska into its first special                                                          
session in the legislative chambers in Juneau, Alaska, at 10:00 a.m., on                                                        
May 16, 2019, to consider the following subjects:                                                                               
                                                                                                                                
       1. An Act making appropriations for public education and                                                                 
          transportation of students.                                                                                           
                                                                                                                                
       2. HB 39 or similar bill making appropriations for the operating                                                         
          and loan program expenses of state government and for                                                                 
          certain programs; capitalizing funds; amending                                                                        
          appropriations; making appropriations under art. IX, sec.                                                             
          17(c), Constitution of the State of Alaska, from the                                                                  
          constitutional budget reserve fund.                                                                                   
                                                                                                                                
       3. HB 40 or similar bill making appropriations for the operating                                                         
          and capital expenses of the state's integrated comprehensive                                                          
          mental health program.                                                                                                
                                                                                                                                
       4. SB 19 or similar bill making appropriations, including capital                                                        
          appropriations, supplemental appropriations, reappropriations,                                                        
          and other appropriations; amending appropriations; making                                                             
          appropriations to capitalize funds.                                                                                   
                                                                                                                                
       5. HB 49 relating to criminal law and procedure.                                                                         
                                                                                                                                
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1217
                           Messages from the House                                                                           
                                                                                                                                
HB 104                                                                                                                        
Message dated May 15 was received stating the House concurred in                                                                
the Senate amendment to CS FOR HOUSE BILL NO. 104(L&C) am,                                                                      
thus adopting:                                                                                                                  
                                                                                                                                
          CS FOR HOUSE BILL NO. 104(L&C) am S "An                                                                               
          Act relating to exemptions from mortgage lender,                                                                      
          mortgage broker, and mortgage loan originator                                                                         
          licensing requirements; and providing for an effective                                                                
          date."                                                                                                                
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
The following Budget and Audit Report was received from Kris                                                                    
Curtis, Legislative Auditor, in accordance with AS 24.20.311 and is on                                                          
file in the Office of the Secretary of the Senate:                                                                              
                                                                                                                                
State of Alaska Single Audit                                                                                                    
Fiscal Year Ended June 30, 2018                                                                                                 
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 1001                                                                                                                       
SENATE BILL NO. 1001 BY THE SENATE RULES COMMITTEE                                                                              
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
              "An Act making appropriations for public education                                                               
          and transportation of students; repealing                                                                             
          appropriations; and providing for an effective date."                                                                 
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1218
Governor's transmittal letter dated May 16:                                                                                     
                                                                                                                                
Dear President Giessel:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to appropriate money to fund                                                             
education for Fiscal Year 2020 (FY 2020).                                                                                       
                                                                                                                                
Attorney General Kevin G. Clarkson issued a formal Attorney General                                                             
Opinion on May 8, 2019 concluding that the appropriation in last                                                                
year’s HB 287 that attempted to appropriate future revenues for                                                                 
education in FY 2020 is unconstitutional. Despite this opinion, neither                                                         
the operating nor the capital budgets have included any funding for                                                             
FY 2020 education by the legislature.                                                                                           
                                                                                                                                
Education is one of the most important obligations of the State, and it                                                         
is vital that we have constitutionally valid funding to send out to                                                             
school districts come July 1. As it stands right now, that does not exist,                                                      
and we cannot rely on an unconstitutional appropriation. This bill                                                              
provides the appropriation necessary to ensure the State can legally                                                            
distribute funds for education.                                                                                                 
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                                    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 10:08 a.m.                                                                                                          
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 12:43 p.m.                                                                                             
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1219
Senator Costello moved and asked unanimous consent to return to                                                                 
Special Committee Reports. Without objection, the Senate returned to:                                                           
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
HB 49                                                                                                                         
                                                               May 16, 2019                                                     
                                                                                                                                
Madam President:                                                                                                                
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considering 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 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                                                                                                                             
                                                                                                                                
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                                                           

2019-05-16                     Senate Journal                      Page 1220
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."                                                                                                                          
                                                                                                                                
requests limited powers of free conference on the following specific                                                            
points:                                                                                                                         
                                                                                                                                
Sections 31, 50, 99 (House)                                                                                                     
                                                                                                                                
Sections 39, 40, 51, 55, 68, 72, 73, 74, 94, 95, 101, 108, 109, 112, 124,                                                       
125, 145, 157, 158 (Senate)                                                                                                     
                                                                                                                                
Remaining sections related to pretrial services: 62, 67, 104, 105, 106,                                                         
107, 128, 149, 150 (Senate)                                                                                                     
                                                                                                                                
Signing the report: Senator Hughes, Chair, Senators Shower,                                                                     
Wielechowski; Representative Claman, Chair, Representatives Kopp,                                                               
Pruitt.                                                                                                                         
                                                                                                                                
President Giessel granted the Senate members limited powers of free                                                             
conference as requested.                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Kiehl moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from afternoon plane time, June 7 through                                                             
evening plane time, June 10. Without objection, Senator Kiehl was                                                               
excused.                                                                                                                        
                                                                                                                                
Senator Shower moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from morning plane time, June 1 through                                                               
evening plane time, June 15. Without objection, Senator Shower was                                                              
excused.                                                                                                                        
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1221
Senator Costello moved and asked unanimous consent Senator Stevens                                                              
be excused from a call of the Senate from morning plane time, May 17                                                            
through evening plane time, May 19. Without objection, Senator                                                                  
Stevens was excused.                                                                                                            
                                                                                                                                
Senator Costello moved and asked unanimous consent to be excused                                                                
from a call of the Senate from afternoon plane time, May 16 through                                                             
evening plane time, May 19. Without objection, Senator Costello was                                                             
excused.                                                                                                                        
                                                                                                                                
Senator Reinbold moved and asked unanimous consent to be excused                                                                
from a call of the Senate from July 14 through July 24 and from plane                                                           
time, May 19 through evening plane time, May 20. Without objection,                                                             
Senator Reinbold was excused.                                                                                                   
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Costello moved and asked unanimous consent the Senate                                                                   
stand in adjournment until 10:00 a.m., May 17, 2019. Without                                                                    
objection, the Senate adjourned at 12:47 p.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1222
                                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                                                                                     
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
May 17        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 20        Monday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
May 17        Friday                      Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
May 16        Thursday                        Butrovich 205           3:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
May 16        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                

2019-05-16                     Senate Journal                      Page 1223
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                         CONFERENCE COMMITTEE ON HB49                                                                        
                                                                                                                                
May 16        Thursday                        Butrovich 205         11:00 AM                                                  
+= HB  49 CRIMES; SENTENCING;DRUGS;THEFT; REPORTS