Legislature(2019 - 2020)
2020-03-24 Senate Journal
Full Journal pdf2020-03-24 Senate Journal Page 2256 SB 241 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 4? YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Stevens, Wielechowski Nays: Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak, Shower, Stedman, von Imhof, Wilson Excused: Costello, Reinbold and so, Amendment No. 4 failed. Senator Begich offered Amendment No. 5 : Page 9, following line 3: Insert a new subsection to read: "(b) It is the intent of the legislature that the division of elections develop procedures for absentee and questioned ballot review and recounts that allow for social distancing while maintaining a rigorous and transparent process that gives voters, candidates, and parties faith in the integrity of the election." Reletter the following subsection accordingly. Senator Begich moved for the adoption of Amendment No. 5. Senator Coghill objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 5? 2020-03-24 Senate Journal Page 2257 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski Nays: Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak, Shower, Stedman, Stevens, von Imhof, Wilson Excused: Costello, Reinbold and so, Amendment No. 5 failed. Senator Begich offered Amendment No. 6 : Page 9, following line 3: Insert a new subsection to read: "(b) The director of the division of elections shall make reasonable efforts to provide secure roadside ballot deposit boxes for all elections by mail held in the state in calendar year 2020 during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act." Reletter the following subsection accordingly. Senator Begich moved for the adoption of Amendment No. 6. Senator Coghill objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 6? YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski Nays: Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak, Shower, Stedman, Stevens, von Imhof, Wilson Excused: Costello, Reinbold and so, Amendment No. 6 failed. 2020-03-24 Senate Journal Page 2258 Senator Begich offered Amendment No. 7 : Page 9, following line 3: Insert a new subsection to read: "(b) Notwithstanding AS 15.20.081(d) or another provision of law, during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a voter voting in an election by mail held under this section may, without a witness, certify, as prescribed in AS 09.63.020, under penalty of perjury, that the statements in the voter's certification are true." Reletter the following subsection accordingly. Senator Begich moved for the adoption of Amendment No. 7. Senator Coghill objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 7? YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski Nays: Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak, Shower, Stedman, Stevens, von Imhof, Wilson Excused: Costello, Reinbold and so, Amendment No. 7 failed. Senator Kawasaki offered Amendment No. 8 : Page 8, line 31, through page 9, line 2: Delete "the lieutenant governor may, after consultation with the commissioner of health and social services, direct that a primary or statewide special election to be held in the state in calendar year 2020 be held" Insert "for the duration of the public health disaster emergency declaration issued by the governor on March 11, 2020, the director of the division of elections shall conduct all elections" 2020-03-24 Senate Journal Page 2259 Senator Kawasaki moved for the adoption of Amendment No. 8. Senator Coghill objected. Senator Micciche rose to a point of order. President Giessel cautioned members to proceed in order. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 8? YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski Nays: Bishop, Coghill, Giessel, Hoffman, Hughes, Micciche, Revak, Shower, Stedman, Stevens, von Imhof, Wilson Excused: Costello, Reinbold and so, Amendment No. 8 failed. Senator Kawasaki offered Amendment No. 9 : Page 9, lines 9 - 11: Delete "An application received after March 31, 2020, is exempt from automatic voter registration under AS 15.07.070(i) - (m)." Senator Kawasaki moved for the adoption of Amendment No. 9. Senator Wilson objected, then withdrew his objection. There being no further objection, Amendment No. 9 was adopted. Senator Wielechowski offered Amendment No. 10 : Page 1, line 6, following "applications;": Insert "relating to repossession of motor vehicles;" Page 9, following line 11: Insert a new section to read: "* Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to read: 2020-03-24 Senate Journal Page 2260 REPOSSESSION OF MOTOR VEHICLES. Notwithstanding another provision of law to the contrary, during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a creditor or a person acting on behalf of a creditor may not repossess or otherwise take possession of a motor vehicle solely because the debtor is in default under a loan or security agreement or is unable to make a loan or other agreed on payment. In this section, "motor vehicle" has the meaning given AS 28.90.990." Renumber the following bill sections accordingly. Page 10, line 4: Delete "6 - 12" Insert "6 - 13" Senator Wielechowski moved for the adoption of Amendment No. 10. Senator Coghill objected. Senator Wielechowski moved and asked unanimous consent to withdraw Amendment No. 10. Without objection, Amendment No. 10 was withdrawn. Amendment No. 11 was not offered. Senator Gray-Jackson offered Amendment No. 12 : Page 1, line 8, following "meetings;": Insert "relating to the teachers' retirement system and the Public Employees' Retirement System of Alaska;" Page 10, following line 3: Insert a new bill section to read: "* Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to read: COST OF LIVING ADJUSTMENTS UNDER THE TEACHERS' RETIREMENT SYSTEM AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF ALASKA. (a) Notwithstanding AS 14.25.142(b) and to the extent consistent with 26 U.S.C. 401(a) and 414(d) (Internal Revenue Code), during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a person receiving a 2020-03-24 Senate Journal Page 2261 cost-of-living allowance under AS 14.25.142 who has notified the commissioner of administration or the commissioner's designee that the person expects to be absent from the state for a continuous period that first exceeds 90 days on or after March 11, 2020, remains entitled to receive the allowance after the 90-day period for as long as the person is absent from the state because of protective measures, including a voluntary or compulsory quarantine, related to avoiding or preventing the spread of the novel coronavirus disease (COVID-19). (b) Notwithstanding AS 39.35.480(b) and to the extent consistent with 26 U.S.C. 401(a) and 414(d) (Internal Revenue Code), during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a person receiving a cost-of-living allowance under AS 39.35.480 who has notified the commissioner of administration or the commissioner's designee that the person expects to be absent from the state for a continuous period that first exceeds 90 days on or after March 11, 2020, remains entitled to receive the allowance after the 90-day period for as long as the person is absent from the state because of protective measures, including a voluntary or compulsory quarantine, related to avoiding or preventing the spread of the novel coronavirus disease (COVID-19)." Renumber the following bill sections accordingly. Page 10, line 4: Delete "6 - 12" Insert "6 - 13" Senator Gray-Jackson moved for the adoption of Amendment No. 12. Objections were heard. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 12? 2020-03-24 Senate Journal Page 2262 YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Costello and so, Amendment No. 12 was adopted. Amendment No. 13 was not offered. Senator Kiehl offered Amendment No. 14 : Page 5, line 4, following "(COVID-19).": Insert "The chief medical officer may issue standing orders establishing sanitation procedures for retail sellers." Page 5, line 24, following "section,": Insert "(1)" Page 5, line 25, following "AS 18.15.395": Insert "; (2) "retail seller" includes (A) a market, grocery store, convenience store, drug store, or similar establishment that (i) is located in a permanent building; and (ii) sells to consumers household supplies, perishable items, or food merchandise, including meat, produce, dairy products, or snack foods" Senator Kiehl moved for the adoption of Amendment No. 14. Senator Coghill objected, then withdrew his objection. There being no further objection, Amendment No. 14 was adopted. Senator Gray-Jackson offered Amendment No. 15 : Page 1, line 8, following "meetings;": Insert "providing for electronic and videoconference notification, verification, and acknowledgment of documents" 2020-03-24 Senate Journal Page 2263 Page 9, line 27: Delete "MEETINGS OF SHAREHOLDERS; NOTICE OF SHAREHOLDER MEETINGS." Insert "ELECTRONIC AND VIDEOCONFERENCE COMMUNICATIONS AUTHORIZED." Page 10, following line 3: Insert "(c) Notwithstanding the requirement for in-person notarization, verification, and acknowledgment of a document required by law to be notarized, verified, or acknowledged under AS 09.63, AS 13.26.600, AS 13.52.010, and AS 13.75.010, and notwithstanding the prohibitions under AS 44.50.062, a document may be notarized, verified, or acknowledged by video conferencing between the person who executes the document and the person notarizing, verifying, or acknowledging it. (d) Notwithstanding AS 13.12.502, a will may be signed, witnessed, and acknowledged in person or by videoconference. Within 60 days after the execution of a will by videoconference, each witness shall sign either the original will signed by the testator or an exact facsimile of the will signed by the testator. (e) In (c) and (d) of this section, "videoconference" means a conference using technology that enables the testator, notary, or the person making the acknowledgment and the person executing the document and witnesses to, while in different locations, simultaneously communicate orally and maintain visual contact." Senator Gray-Jackson moved for the adoption of Amendment No. 15. Senator Coghill objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSSB 241(RLS) am Second Reading Amendment No. 15? YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Gray-Jackson, Hughes, Kawasaki, Kiehl, Olson, Reinbold, Shower, Stevens, Wielechowski Nays: Bishop, Coghill, Giessel, Hoffman, Micciche, Revak, Stedman, von Imhof, Wilson Excused: Costello 2020-03-24 Senate Journal Page 2264 and so, Amendment No. 15 was adopted. Amendment No. 16 was not offered. Amendment No. 17 was not offered. CS FOR SENATE BILL NO. 241(RLS) am was automatically in third reading. Senator Hughes moved and asked unanimous consent to abstain from voting due to a conflict of interest. Senator Hoffman objected and Senator Hughes was required to vote. Senator Olson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Senator Hoffman objected and Senator Olson was required to vote. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSSB 241(RLS) am Third Reading - Final Passage Effective Date 2020-03-24 Senate Journal Page 2265 YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Giessel, Gray-Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Excused: Costello and so, CS FOR SENATE BILL NO. 241(RLS) am passed the Senate. Senator Hoffman moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Begich gave notice of reconsideration.