Legislature(2019 - 2020)
2020-03-28 Senate Journal
Full Journal pdf2020-03-28 Senate Journal Page 2321 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTY-FIRST LEGISLATURE SECOND SESSION Juneau, Alaska Saturday March 28, 2020 Sixty-eighth Day Pursuant to adjournment the Senate was called to order by President Giessel at 9:20 a.m. The roll showed fourteen members present. Senators Costello, Hughes, Kawasaki, Micciche, Reinbold, Wilson were absent. Senator Hoffman moved and asked unanimous consent Senators Costello, Hughes, Reinbold be excused from a call of the Senate today. Without objection, Senators Costello, Hughes, Reinbold were excused. Senator Begich moved and asked unanimous consent Senator Kawasaki be excused from a call of the Senate today. Without objection, Senator Kawasaki was excused. The prayer was offered by the Chaplain, Senator Coghill. Senator Hoffman moved and asked unanimous consent the prayer be spread. Without objection, it was so ordered. For those who can receive it, Moses was given a blessing to give to his people and I would like to pray this over us as an assembly, and us as Alaskans as we are in our need. He said to speak unto Aaron and say unto his sons, “On this wise ye shall bless the children of Israel saying unto them: The Lord bless thee and keep thee; 2020-03-28 Senate Journal Page 2322 the Lord make his face shine upon thee and be gracious unto thee; the Lord lift up his countenance upon thee and give thee peace.” Amen. (Numbers 6:23-26) Senator Shower led the Senate in the Pledge of Allegiance. Certification Senator Hoffman moved and asked unanimous consent the journal for the sixty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Wilson was noted. Messages from the House SCR 9 Message dated March 27 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 9 Establishing the Task Force on Therapeutic Courts. The resolution was referred to the Secretary for enrollment. SCR 11 Message dated March 27 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 11 Relating to awarding the Alaska Decoration of Honor to Gabriel David Conde. The resolution was referred to the Secretary for enrollment. SB 241 Message dated March 27 was read stating the House has failed to recede from its amendments to: 2020-03-28 Senate Journal Page 2323 CS FOR SENATE BILL NO. 241(RLS) am "An Act extending the March 11, 2020, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; relating to the COVID-19 outbreak; relating to a financing plan; relating to standing orders of the chief medical officer; relating to occupational and professional licensing; relating to telemedicine and telehealth; relating to fingerprinting requirements; relating to elections in calendar year 2020; relating to permanent fund dividend applications; relating to automatic voter registration; relating to tax filings, payments, and penalties; relating to shareholder meetings; relating to the teachers' retirement system and the Public Employees' Retirement System of Alaska; providing for electronic and videoconference notification, verification, and acknowledgment of documents; and providing for an effective date." namely: HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "An Act extending the March 11, 2020, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; relating to the COVID-19 outbreak; relating to a financing plan; relating to standing orders of the chief medical officer; relating to occupational and professional licensing; relating to telemedicine and telehealth; relating to fingerprinting requirements; relating to elections in calendar year 2020; relating to permanent fund dividend applications; relating to automatic voter registration; relating to tax filings, payments, and penalties; relating to shareholder meetings; relating to corporations; relating to municipal government deadlines; relating to the Alaska regional economic assistance program; establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers; relating to allowable absences for the permanent fund dividend; relating to the Department of Health and Social Services; relating to retail sellers; tolling deadlines for action by the Regulatory Commission of Alaska; relating to disconnection of utility service for nonpayment; relating to power cost equalization; relating to regulatory assets of a utility; relating to evictions; and providing for an effective date." The House waived Uniform Rule 42 (a) and (b). 2020-03-28 Senate Journal Page 2324 The Speaker appointed the following members to a Free Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Kopp, Chair Representative Spohnholz Representative Talerico Recess Senator Hoffman moved and asked unanimous consent the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 9:32 a.m. After Recess The Senate reconvened at 11:19 p.m. Senator Hoffman moved and asked unanimous consent the Senate return to Special Committee Reports. Without objection, the Senate returned to: Special Committee Reports HB 205 The following report was received and distributed at 10:14 p.m., March 28: March 28, 2020 Madam President: Mr. Speaker: The Conference Committee with limited powers of free conference considering CS FOR HOUSE BILL NO. 205(FIN)(Corrected) am(brf sup maj fld) and SENATE CS FOR CS FOR HOUSE BILL NO. 205(FIN) am S recommends 2020-03-28 Senate Journal Page 2325 CONFERENCE CS FOR HOUSE BILL NO. 205 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; making capital appropriations, supplemental appropriations, and reappropriations; making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" be adopted. A fiscal note packet was attached. Signing the report: Senator Stedman, Chair, Senators von Imhof, Olson; Representative Foster, Chair, Representatives Johnston, Tilton. Senator Hoffman moved and asked unanimous consent the Senate waive Uniform Rule 42 in order to consider the Conference Committee Report. Without objection, Uniform Rule 42 was waived. Senator Hoffman moved the Senate adopt the Conference Committee Report. Senator Begich objected, then withdrew his objection. The question being: "Shall the Senate adopt the Conference Committee Report?" The roll was taken with the following result: CCS HB 205 Shall the Senate Adopt the Conference Committee Report? YEAS: 13 NAYS: 4 EXCUSED: 3 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Kiehl, Micciche, Revak, Stedman, Stevens, von Imhof, Wilson Nays: Kawasaki, Olson, Shower, Wielechowski Excused: Costello, Hughes, Reinbold and so, the report was adopted, thus adopting: 2020-03-28 Senate Journal Page 2326 CONFERENCE CS FOR HOUSE BILL NO. 205 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; making capital appropriations, supplemental appropriations, and reappropriations; making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Senator Hoffman 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: CCS HB 205 Effective Date Clauses YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Micciche, Olson, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Costello, Hughes, Reinbold and so, the effective date clauses were adopted. Senator Hoffman moved for the adoption of the constitutional budget reserve fund section. The question being: "Shall the constitutional budget reserve fund section (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: CCS HB 205 Adopt Constitutional Budget Reserve Section? 2020-03-28 Senate Journal Page 2327 YEAS: 16 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Micciche, Olson, Revak, Stedman, Stevens, von Imhof, Wielechowski, Wilson Nays: Shower Excused: Costello, Hughes, Reinbold and so, the constitutional budget reserve fund section was adopted. The Secretary was requested to notify the House. SB 241 The following report was received and distributed at 10:55 p.m., March 28: March 28, 2020 Madam President: Mr. Speaker: The Free Conference Committee considering CS FOR SENATE BILL NO. 241(RLS) am and HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H recommends FREE CONFERENCE CS FOR SENATE BILL NO. 241 "An Act extending the March 11, 2020, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; providing for a financing plan; making temporary changes to state law in response to the COVID-19 outbreak in the following areas: standing orders of the chief medical officer; occupational and professional licensing, practice, and billing; telehealth; fingerprinting requirements for health care providers; elections in calendar year 2020; permanent fund dividend applications and eligibility; state tax filings, 2020-03-28 Senate Journal Page 2328 payments, and penalties; corporations; state and municipal government deadlines; the Alaska regional economic assistance program; Medicaid and public assistance; workers' compensation; sanitation standards for retail sellers; actions by the Regulatory Commission of Alaska; utilities and residential utility service; power cost equalization; forbearance of specified state loans; foreclosures; evictions; wills; repossessions; access to federal stabilization funds; seafood purchase and distribution; homelessness; administrative hearings; and liability for issuing, providing, or manufacturing personal protective equipment; and providing for an effective date" be adopted. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Office of the Governor Fiscal Note No. 5, indeterminate, Department of Military and Veterans’ Affairs Fiscal Note No. 6, zero, Department of Public Safety Fiscal Note No. 11, zero, Department of Revenue The following fiscal information was published today: Fiscal Note No. 17, indeterminate, Department of Administration Fiscal Note No. 18, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 20, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 21, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 22, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 23, zero, Office of the Governor Fiscal Note No. 24, Department of Revenue Fiscal Note No. 25, zero, Department of Health and Social Services Fiscal Note No. 26, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 27, Department of Revenue 2020-03-28 Senate Journal Page 2329 Fiscal Note No. 28, indeterminate, Department of Labor and Workforce Development Fiscal Note No. 29, indeterminate, Department of Commerce, Community, and Economic Development Fiscal Note No. 30, zero, Department of Health and Social Services Fiscal Note No. 31, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 32, zero, Department of Administration Fiscal Note No. 33, zero, Department of Commerce, Community, and Economic Development Fiscal Note No. 34, zero, Department of Education and Early Development Fiscal Note No. 35, zero, Department of Law Fiscal Note No. 36, zero, Department of Health and Social Services Signing the report: Senator Coghill, Chair, Senators Bishop, Begich; Representative Kopp, Chair, Representatives Spohnholz, Talerico. Senator Hoffman moved and asked unanimous consent the Senate waive Uniform Rule 42 in order to consider the Free Conference Committee Report. Without objection, Uniform Rule 42 was waived. Senator Hoffman moved the Senate adopt the Free Conference Committee Report. Senator Begich objected, then withdrew his objection. Senator Coghill rose to a point of order. President Giessel cautioned members to proceed in order. The question being: "Shall the Senate adopt the Free Conference Committee Report?" The roll was taken with the following result: FCCS SB 241 Shall the Senate Adopt the Free Conference Committee Report? Effective Date 2020-03-28 Senate Journal Page 2330 YEAS: 16 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Micciche, Olson, Revak, Stedman, Stevens, von Imhof, Wielechowski, Wilson Nays: Shower Excused: Costello, Hughes, Reinbold and so, the report was adopted, thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 241 "An Act extending the March 11, 2020, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; providing for a financing plan; making temporary changes to state law in response to the COVID-19 outbreak in the following areas: standing orders of the chief medical officer; occupational and professional licensing, practice, and billing; telehealth; fingerprinting requirements for health care providers; elections in calendar year 2020; permanent fund dividend applications and eligibility; state tax filings, payments, and penalties; corporations; state and municipal government deadlines; the Alaska regional economic assistance program; Medicaid and public assistance; workers' compensation; sanitation standards for retail sellers; actions by the Regulatory Commission of Alaska; utilities and residential utility service; power cost equalization; forbearance of specified state loans; foreclosures; evictions; wills; repossessions; access to federal stabilization funds; seafood purchase and distribution; homelessness; administrative hearings; and liability for issuing, providing, or manufacturing personal protective equipment; and providing for an effective date." Senator Hoffman moved and asked unanimous consent the vote on the adoption of the report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. 2020-03-28 Senate Journal Page 2331 HCR 20 Senator Hoffman moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 20, which had been held on the Secretary's desk (page 2311). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 20 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 241, extending the March 11, 2020, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; relating to the COVID-19 outbreak; relating to a financing plan; relating to standing orders of the chief medical officer; relating to occupational and professional licensing; relating to telemedicine and telehealth; relating to fingerprinting requirements; relating to elections in calendar year 2020; relating to permanent fund dividend applications; relating to automatic voter registration; relating to tax filings, payments, and penalties; relating to shareholder meetings; relating to the teachers' retirement system and the Public Employees' Retirement System of Alaska; and providing for electronic and videoconference notification, verification, and acknowledgment of documents, pass the Senate?" The roll was taken with the following result: HCR 20 Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Micciche, Olson, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Costello, Hughes, Reinbold and so, HOUSE CONCURRENT RESOLUTION NO. 20 passed the Senate, was signed by the President and Secretary and returned to the House. 2020-03-28 Senate Journal Page 2332 Special Order of Business Senator Hoffman moved and asked unanimous consent the following Citation Calendar be made a special order of business. Without objection, it was so ordered. Citation Calendar Commemorating - Law Enforcement Memorial Day May 8, 2020 Representatives Edgmon, Shaw, Kopp Honoring - Kathy Lea Senator Kiehl Representatives Story, Hannan Honoring - International Year of the Nurse and Midwife Senators Giessel, Bishop Representative Spohnholz Honoring - Alaska Vaccine Assessment Program Senators Giessel, Bishop, Wilson, Coghill Honoring - Women Police of Alaska Senator Revak Representatives Gillis, Shaw Honoring - Juneau-Douglas High School Women's Soccer Team Senator Kiehl Representatives Hannan, Story Honoring - Kevin Ritchie & Kyle Worl Senator Kiehl Representatives Hannan, Story Honoring - Etheldra Jordan-Davis Senator Begich Honoring - Jamico's Pizzaria Senator Begich Representative Tarr 2020-03-28 Senate Journal Page 2333 Honoring - Juneau Gastineau Channel Little League Juinor All-Star Baseball Team Senator Kiehl Representatives Story, Hannan Honoring - Women's Equality Day 100th Anniversary Senator Kawasaki Honoring - Muldoon Pizza Senator Wielechowski Representative LeDoux Honoring - 2020 Top Ten Iditarod Finishers Senator Hoffman Honoring - Bert L. Cottle Senator Wilson Representative Sullivan-Leonard Honoring - Heroes of the Swan Lake Fire Senator Micciche Representative Carpenter Honoring - Valley Residential Services Senator Wilson Honoring - Amy Gallaway 2020 Alaska Teacher of the Year Senator Bishop Representative Hopkins Honoring - Brent Sass 2020 Yukon Quest Champion Senator Kawasaki Honoring - Fairbanks Summer Arts Festival 40th Anniversary Senator Kawasaki Honoring - Carol Rice Senator Wilson Representative Tilton 2020-03-28 Senate Journal Page 2334 Honoring - Alaska Permanent Fund Corporation 40th Anniversary Senators Kawasaki, Kiehl Representative Story Honoring - World Eskimo-Indian Olympics 60th Anniversary Senator Kawasaki Representative Hopkins Honoring - The Senate Secretary and Staff Senator Coghill Honoring - The 2020 Senate Floor Staff Senator Coghill Honoring - Grace Hopkins - Winner Alaska 2019 National History Day Representative LeBon Honoring - Dr. Delores Ilskyalas Churchill Representative Ortiz Senator Stedman Honoring - Raymond and Coletta Walker 50th Wedding Anniversary Representatives Vance, Lincoln Honoring - Linda Schandelmeier Representative Hopkins Senator Kawasaki Honoring - Christina Tachick Volunteer of the Year 2019 Representative Hopkins Honoring - Jamie Smith Artist of the Year 2019 Representative Hopkins Honoring - Jon Huff Alaska Universal Production Representative Hopkins Honoring - Daniel Domke Education Advocate of the Year 2019 Representative Hopkins 2020-03-28 Senate Journal Page 2335 Honoring - Daryll Thompson Representative Edgmon Honoring - Elaina Mack Representative Edgmon Honoring - Nancy Cook Hanson Representatives LeBon, Thompson Honoring - Sean Prince Representative Spohnholz Senators Begich, Wielechowski Honoring - Luke Jager Representatives Spohnholz, Drummond Senator Wielechowski Honoring - Daryl Walker Representatives Prax, LeBon Senator Coghill Honoring - Jennifer Hall Jones Representative Spohnholz Senators Begich, Wielechowski Honoring - Daniel George Representative Tarr Senator Begich Honoring - Dr. Diane McEachern Representative Zulkosky Senator Hoffman Honoring - Kirk Rose Representative Tarr Senator Begich Honoring - Jon Cochrane Representative Zulkosky Senator Hoffman 2020-03-28 Senate Journal Page 2336 Honoring - Thunder Mountain High School Boys Basketball Team 2020 Region V 4A Champions Representatives Story, Hannan Senator Kiehl Honoring - Ejr David Representatives Spohnholz, LeDoux Honoring - Kendall Kramer Representatives Wool, Hopkins Honoring - Yvette Belisle & Alyssa Saavedra Representative Pruitt Honoring - Kim's Cuisine Asian Fusion Bistro Representatives Jackson, Merrick Senator Reinbold Honoring - Ethan Berkowitz and Mara Kimmel Representatives Josephson, Drummond, Claman Honoring - Dr. Edmond C. Packee Representative Talerico Honoring - Dr. Cary Keller Representatives LeBon, Hopkins Honoring - Matt Scott 2020 Champion of Bogus Creek 150 Representative Zulkosky Senator Hoffman Honoring - Reyne Athanas Representative Zulkosky Senator Hoffman Honoring - Dorothy M. Larson Representative Edgmon In Memoriam - Flo Rooney Senator Begich Representative Spohnholz 2020-03-28 Senate Journal Page 2337 In Memoriam - Barney Gottstein Senators Begich, Kiehl In Memoriam - Patricia "Pat" Wolf Senator Begich Representative Spohnholz In Memoriam - Solomon Atkinson Senator Stedman Representatives Ortiz, Shaw In Memoriam - Ronald Albert Malston Senator Micciche Representative Knopp In Memoriam - Dr. John Nels Anderson Senator Micciche Representative Knopp In Memoriam - David Harold Keating Senator Micciche Representative Knopp In Memoriam - Marilyn Conaway Senator Begich Representative Josephson In Memoriam - Donnis Thompson Senator Micciche Representative Carpenter In Memoriam - Wayne Lavern Wilson Senator Wilson In Memoriam - Richard "Dick" Scott Senator Kawasaki In Memoriam - Dennis Lee Van Sky Senator Micciche Representative Carpenter 2020-03-28 Senate Journal Page 2338 In Memoriam - Arthur Lionel Carroll Senators Kawasaki, Coghill In Memoriam - Thomas L. Brice Senators Bishop, Kawasaki In Memoriam - Chuck Hawkins Representative Vance Senator Stevens In Memoriam - Randall Jay Gamble Representative Kreiss-Tomkins Senators Stedman, Kiehl In Memoriam - Rose Leman MacSwain Representative Carpenter Senator Micciche In Memoriam - Cynthia Hoffman Representative Tarr Senator Begich In Memoriam - John Stuart Lee Representatives Rauscher, Johnson Senator Shower In Memoriam - Patrick Bond Flanigin Representative Josephson In Memoriam - Morris Iugaaq Kiyutelluk Representative Foster Senator Olson In Memoriam - Patricia Jean (Sweeney) Arasmith Representatives Story, Hannan Senator Kiehl Senator Hoffman moved and asked unanimous consent the Citation Calendar be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2020-03-28 Senate Journal Page 2339 Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Recess Senator Hoffman moved and asked unanimous consent the Senate stand in recess. Without objection, the Senate recessed at 12:42 a.m. Liz Clark Secretary of the Senate *The Senate did not reconvene this legislative day. 2020-03-28 Senate Journal Page 2340 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 Mar 29 Sunday Senate Finance 532 9:00 AM -- MEETING CANCELED -- **Please Note: All Public Testimony Will be via Telephone Only. No In-Person Testimony. From Juneau: 586-9085, Anchorage: 563-9085 Outside Juneau or Anchorage: 844-586-9085 Written Testimony Will be Accepted at: finance.committee@akleg.gov + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES LABOR & WORKFORCE DEVELOPMENT Apr 02 Thursday Beltz 105 (tsbldg) 4:00 PM -- MEETING CANCELED -- Will Meet if Needed ---------------------------------------- NATURAL RESOURCES Apr 02 Thursday Beltz 105 (tsbldg) 3:00 PM -- MEETING CANCELED -- Will Meet if Needed ---------------------------------------- 2020-03-28 Senate Journal Page 2341 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 30 Monday Adams 519 9:00 AM -- Please Note Time Change -- -- Teleconference <Listen Only> -- + Executive Session - Final Audit Release: FY19 Statewide Single Audit Special Audit Requests - Alaska Mental Health Trust Authority - Alaska State Commission on Human Rights Other Committee Business