Legislature(2019 - 2020)

2019-07-11 Senate Journal

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2019-07-11                     Senate Journal                      Page 1355
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           THIRTY-FIRST LEGISLATURE                                                                          
                                                                                                                                
                            SECOND SPECIAL SESSION                                                                           
                                                                                                                                
Juneau, Alaska                    Thursday                     July 11, 2019                                                  
                                                                                                                                
                                  Fourth Day                                                                                 
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Giessel at 10:10 a.m.                                                                                                           
                                                                                                                                
The roll showed fifteen members present. Senators Hughes, Micciche                                                              
were excused from a call of the Senate. Senators Costello, Reinbold,                                                            
Shower were absent.                                                                                                             
                                                                                                                                
The prayer was offered by the Chaplain, Senator Coghill. Senator                                                                
Hoffman moved and asked unanimous consent the prayer be spread.                                                                 
Without objection, it was so ordered.                                                                                           
                                                                                                                                
          In God’s word I find:                                                                                                 
                                                                                                                                
                 “It is of the Lord’s mercies that we are not                                                                  
          consumed” (Lamentations 3:22)                                                                                         
                                                                                                                                
               Therefore, I have hope. Almighty God, thank you                                                                 
          that you are merciful.                                                                                                
                                                                                                                                
            Help us today honor our friends, our constituents and                                                              
          each other.                                                                                                           
                                                                                                                                
            Let us learn of your mercy and practice more of it in                                                              
          our work today.                                                                                                       
                                                                                                                                
                      In Jesus’ name I pray,       Amen.                                                                       
                                                                                                                                
Senator Bishop led the Senate in the Pledge of Allegiance.                                                                      
                                                                                                                                
                                                                                                                                

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                                Certification                                                                                
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the journal for                                                               
the third legislative day of the second special session be approved as                                                          
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
SB 19                                                                                                                         
Message dated July 8 was received stating:                                                                                      
                                                                                                                                
Dear President Giessel:                                                                                                         
                                                                                                                                
On this date I signed, with line-item vetoes, the following bill passed                                                         
by the First Special Session of the Thirty-First Alaska State                                                                   
Legislature and am transmitting the engrossed and enrolled copies to                                                            
the Lieutenant Governor’s Office for permanent filing:                                                                          
                                                                                                                                
          HOUSE CS FOR CS FOR SPONSOR                                                                                           
          SUBSTITUTE FOR SENATE BILL                                                                                            
          NO. 19(FIN) am H(brf sup maj fld H) "An Act                                                                           
          making appropriations, including capital                                                                              
          appropriations, supplemental appropriations,                                                                          
          reappropriations, and other appropriations; amending                                                                  
          appropriations; making appropriations to capitalize                                                                   
          funds; and providing for an effective date."                                                                          
                                                                                                                                
                          Chapter No. 3, FSSLA 2019                                                                            
                        [Effective Date: See Chapter]                                                                          
                                                                                                                                
Senate Bill 19, as passed by the legislature, contained operating and                                                           
capital appropriations for Fiscal Year 2020, totaling $1.242 billion.                                                           
The capital budget totals $1.202 billion, including $58.4 million in                                                            
general funds. Through line-item vetoes, I have reduced the operating                                                           
and capital appropriations in SB 19 by $10.6 million.                                                                           
                                                                                                                                
Unfortunately, the capital budget I received back from the legislature                                                          
lacked the support needed to fully fund projects and programs critical                                                          
to the development of Alaska. I look forward to a swift resolution on                                                           

2019-07-11                     Senate Journal                      Page 1357
the 2019 Permanent Fund Dividend, so the legislature can quickly                                                                
move on to fully funding a capital budget to support jobs and families                                                          
across Alaska, and ensure Federal funds are not forfeited and critical                                                          
road, infrastructure, and life, health, safety projects receive funding.                                                        
Attached you will find the report detailing my line-item vetoes.                                                                
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
A spreadsheet from the Office of Management and Budget, Office of                                                               
the Governor accompanied the letter and is on file in the Office of the                                                         
Senate Secretary.                                                                                                               
                                                                                                                                
HB 49                                                                                                                         
Message was read stating the Governor signed the following bill on                                                              
July 8 and transmitted the engrossed and enrolled copies to the                                                                 
Lieutenant Governor’s Office for permanent filing:                                                                              
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 49 "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                                                            

2019-07-11                     Senate Journal                      Page 1358
          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) and 38.2, Alaska Rules of Criminal                                                                            
          Procedure; and providing for an effective date."                                                                      
                                                                                                                                
                            Chapter 4, FSSLA 2019                                                                              
                        [Effective Date: See Chapter]                                                                          
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 2001                                                                                                                       
SENATE BILL NO. 2001 BY THE SENATE FINANCE                                                                                      
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
                "An Act making special appropriations for the                                                                  
              payment of permanent fund dividends; and providing                                                               
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the Senate                                                                    
stand in recess to the Joint Session. Without objection, the Senate                                                             
recessed at 10:14 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                          Joint Session in the House                                                                         
                                                                                                                                
President Giessel reconvened the Joint Session (page 1351) at                                                                   
10:46 a.m.                                                                                                                      
                                                                                                                                

2019-07-11                     Senate Journal                      Page 1359
HB 39                                                                                                                         
Representative Thompson moved to withdraw the motion (pending                                                                   
before the Joint Session) to rescind action in failing to override the                                                          
Governor's line item vetoes in CONFERENCE CS FOR SPONSOR                                                                        
SUBSTITUTE FOR HOUSE BILL NO. 39 "An Act making                                                                                 
appropriations for the operating and loan program expenses of state                                                             
government and for certain programs; capitalizing funds; amending                                                               
appropriations; making supplemental appropriations and                                                                          
reappropriations; and providing for an effective date." Without                                                                 
objection, the motion to rescind was withdrawn.                                                                                 
                                                                                                                                
SB 19                                                                                                                         
Senator Hoffman moved the appropriations in HOUSE CS FOR CS                                                                     
FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN)                                                                              
am H(brf sup maj fld H) "An Act making appropriations, including                                                                
capital appropriations, supplemental appropriations, reappropriations,                                                          
and other appropriations; amending appropriations; making                                                                       
appropriations to capitalize funds; and providing for an effective date"                                                        
become law notwithstanding the Governor's line item vetoes.                                                                     
                                                                                                                                
Senator Hoffman moved and asked unanimous consent to withdraw                                                                   
his motion. Without objection, the motion was withdrawn.                                                                        
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the Joint                                                                     
Session stand in adjournment. Without objection, President Giessel                                                              
adjourned the Joint Session at 12:24 p.m.                                                                                       
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                                In the Senate                                                                                
                                                                                                                                
The Senate reconvened at 12:28 p.m.                                                                                             
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                

2019-07-11                     Senate Journal                      Page 1360
                                 Adjournment                                                                                 
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the Senate                                                                    
stand in adjournment until 10:00 a.m., July 12, 2019. Without                                                                   
objection, the Senate adjourned at 12:29 p.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2019-07-11                     Senate Journal                      Page 1361
                                Announcements                                                                                
                                                                                                                                
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committee meetings may contact the appropriate committee office or the                                                          
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ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
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                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Jul 11        Thursday                     House Chamber            10:30 AM                                                  
              -- Recessed from 7/10/19 --                                                                                       
              Consideration of Governor's Vetoes to                                                                             
              HB 39 and HB 40