Legislature(2019 - 2020)
2019-05-08 Senate Journal
Full Journal pdf2019-05-08 Senate Journal Page 1059 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTY-FIRST LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday May 8, 2019 One Hundred Fourteenth Day Pursuant to adjournment the Senate was called to order by President Giessel at 11:12 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, The Reverend Karen Perkins, Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent the prayer be spread. Without objection, it was so ordered. Lord God, you call your people to honor those in authority. Help us elect trustworthy leaders, participate in wise decisions for our common life, and serve our neighbors in local communities. Bless the leaders of our land, that we may be at peace among ourselves and a blessing to other places of the earth; through our Lord. Amen. Senator von Imhof led the Senate in the Pledge of Allegiance. Certification Senator Costello moved and asked unanimous consent the journal for the one hundred thirteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2019-05-08 Senate Journal Page 1060 Messages from the House Message dated May 7 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 29 HOUSE BILL NO. 29 BY REPRESENTATIVES SPOHNHOLZ, Drummond, Lincoln, Tarr, Josephson, Story, entitled: "An Act relating to insurance coverage for benefits provided through telehealth; and providing for an effective date." was read the first time and referred to the Health and Social Services Committee. HB 126 HOUSE BILL NO. 126 BY THE HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS, entitled: "An Act establishing November as Alaska Native Heritage Month." was read the first time and referred to the Community and Regional Affairs Committee. Standing Committee Reports SB 19 The Finance Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19 "An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date" and recommended it be replaced with 2019-05-08 Senate Journal Page 1061 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) "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." Signing do pass: Senators Stedman, von Imhof, Cochairs; Senators Micciche, Hoffman, Shower, Bishop. Signing no recommendation: Senators Wielechowski, Wilson. Signing amend: Senator Olson. The bill is on today's calendar. HJR 9 The Community and Regional Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 9(STA) Requesting the United States Secretary of the Treasury to mint not less than 5,000,000 $1 coins honoring Elizabeth Peratrovich under the Native American $1 Coin Act. Signing do pass: Senator Bishop, Chair; Senators Gray- Jackson, Hoffman, Birch, Costello. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. HJR 10 The Community and Regional Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 10(RES) Supporting development of the road belt electrical transmission line; and urging members of the Alaska delegation in Congress to pursue the development of this high-voltage electrical line in the interior of the state. Signing do pass: Senator Bishop, Chair; Senators Gray-Jackson, Hoffman, Birch, Costello. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Special Committee on Energy The resolution was referred to the Rules Committee. 2019-05-08 Senate Journal Page 1062 HJR 14 The Community and Regional Affairs Committee considered HOUSE JOINT RESOLUTION NO. 14 Urging the Alaska Congressional delegation to pursue infrastructure funding for a deep draft Arctic port in Nome; requesting the Department of Transportation and Public Facilities to send a letter from the state to the Alaska Congressional delegation supporting a deep draft Arctic port in Nome; and requesting the Department of Transportation and Public Facilities to work collaboratively with the City of Nome on a deep draft Arctic port in Nome. Signing do pass: Senator Bishop, Chair; Senators Gray- Jackson, Hoffman, Costello, Birch. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The resolution was referred to the Rules Committee. Special Committee Reports HB 39 May 7, 2019 Madam President: Mr. Speaker: The Conference Committee considering: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 39(FIN) am(brf sup maj fld) "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 providing for an effective date" and SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 39(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and for 2019-05-08 Senate Journal Page 1063 certain programs; capitalizing funds; amending appropriations; making supplemental appropriations and reappropriations; and providing for an effective date" respectfully requests limited powers of free conference on the appropriations and language that are not identical in the House and Senate versions of HOUSE BILL NO. 39. Signing the report: Senator Stedman, Chair, Senators von Imhof, Olson; Representative Foster, Chair, Representatives Wilson, Tilton. President Giessel granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. HB 40 May 7, 2019 Madam President: Mr. Speaker: The Conference Committee considering: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 40(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 40(FIN) respectfully requests limited powers of free conference on the appropriations and language that are not identical in the House and Senate versions of HOUSE BILL NO. 40. Signing the report: Senator Stedman, Chair, Senators von Imhof, Olson; Representative Foster, Chair, Representatives Wilson, Tilton. 2019-05-08 Senate Journal Page 1064 President Giessel granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. Introduction and Reference of Senate Bills SB 121 SENATE BILL NO. 121 BY SENATOR KIEHL, entitled: "An Act relating to Alaska Native organizations; relating to the village public safety officer program; and relating to the Alaska temporary assistance program." was read the first time and referred to the State Affairs and Community and Regional Affairs Committees. SB 122 SENATE BILL NO. 122 BY SENATOR BIRCH, entitled: "An Act relating to exemptions to the Pipeline Act; and relating to the calculation of oil and gas royalties." was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 19 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19 "An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date" was read the second time. 2019-05-08 Senate Journal Page 1065 Senator von Imhof, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered today. Senator Begich objected, then withdrew his objection. There being no further objection, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) "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" was adopted. Senator Costello moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) was read the third time. Senators von Imhof, Begich, Wielechowski moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senators von Imhof, Begich, Wielechowski were required to vote. The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) "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" pass the Senate?" The roll was taken with the following result: CSSSSB 19(FIN) Third Reading - Final Passage Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) passed the Senate. 2019-05-08 Senate Journal Page 1066 Senator Costello moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 44 SENATE BILL NO. 44 "An Act relating to the prescription of drugs by a physician assistant without physical examination" was read the second time. Senator von Imhof, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 824. Senator Begich objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 44(FIN) "An Act relating to the prescription of drugs by a physician assistant without physical examination; and providing for an effective date" was adopted. Senator Costello moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 44(FIN) was read the third time. Senator Hughes moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Hughes was required to vote. The question being: "Shall CS FOR SENATE BILL NO. 44(FIN) "An Act relating to the prescription of drugs by a physician assistant without physical examination; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 44(FIN) Third Reading - Final Passage Effective Dates 2019-05-08 Senate Journal Page 1067 YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, CS FOR SENATE BILL NO. 44(FIN) passed the Senate. Senator Costello moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of House Bills HB 14 CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications" was read the second time. Senator von Imhof, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1037. Senator Begich objected, then withdrew his objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; relating to sentencing; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications" was adopted. Senator Costello moved and asked unanimous consent the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 14(FIN) was read the third time. 2019-05-08 Senate Journal Page 1068 Senators Hughes, Stedman, Bishop, Reinbold, Stevens, Costello, Hoffman, von Imhof, Shower, Coghill, Birch, Olson, Wilson moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; relating to sentencing; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications" pass the Senate?" The roll was taken with the following result: SCS CSHB 14(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 14(FIN) passed the Senate and was referred to the Secretary for engrossment. SCR 5 Senator Costello moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 5 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 14, relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of "dangerous instrument"; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications, which had been held on the Secretary's desk (page 1049). Without objection, the resolution was before the Senate on final passage. 2019-05-08 Senate Journal Page 1069 The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 5 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 14, relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of "dangerous instrument"; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications, pass the Senate?" The roll was taken with the following result: SCR 5 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray- Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson, Reinbold, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, SENATE CONCURRENT RESOLUTION NO. 5 passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Richard Beneville Representative Foster Senator Olson In Memoriam - Ruth Ann Hentges Senator Stevens Representative Stutes Senator Costello moved and asked unanimous consent the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate from June 20 to July 5. Without objection, Senator Hoffman was excused. 2019-05-08 Senate Journal Page 1070 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 12:00 p.m. After Recess The Senate reconvened at 3:12 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. Engrossment SB 19 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 44 CS FOR SENATE BILL NO. 44(FIN) "An Act relating to the prescription of drugs by a physician assistant without physical examination; and providing for an effective date" was engrossed. HB 14 SENATE CS FOR CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; 2019-05-08 Senate Journal Page 1071 relating to sentencing; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 5 SENATE CONCURRENT RESOLUTION NO. 5 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 14, relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of "dangerous instrument"; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Costello moved and asked unanimous consent the Senate stand in adjournment until 10:00 a.m., May 9, 2019. Without objection, the Senate adjourned at 3:12 p.m. Liz Clark Secretary of the Senate 2019-05-08 Senate Journal Page 1072 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 COMMUNITY & REGIONAL AFFAIRS May 09 Thursday Beltz 105 (tsbldg) 3:30 PM + HB 126 ALASKA NATIVE HERITAGE MONTH -- Public Testimony <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION May 09 Thursday Butrovich 205 9:00 AM No Meeting Scheduled ---------------------------------------- FINANCE May 08 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled: += SB 19 APPROP: CAPITAL BUDGET; SUPPLEMENTAL <Bill Hearing Rescheduled from 5/7/19> May 08 Wednesday Senate Finance 532 1:30 PM + SB 23 APPROP:SUPP. PAYMENTS OF PRIOR YEARS' PFD -- Public Testimony -- + SB 24 PFD SUPPLEMENTAL PAYMENTS -- Public Testimony -- + Bills Previously Heard/Scheduled 2019-05-08 Senate Journal Page 1073 FINANCE (continued) May 09 Thursday Senate Finance 532 9:00 AM -- Delayed to a Call of the Chair -- + HB 49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE <Bill Hearing Canceled> <Pending Introduction & Referral> + Bills Previously Heard/Scheduled May 09 Thursday Senate Finance 532 1:30 PM += HB 49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE <Pending Introduction & Referral> + Bills Previously Heard/Scheduled May 10 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled May 10 Friday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled May 11 Saturday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled May 12 Sunday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES May 08 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled May 10 Friday Butrovich 205 1:30 PM No Meeting Scheduled May 13 Monday Butrovich 205 1:30 PM No Meeting Scheduled May 15 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled 2019-05-08 Senate Journal Page 1074 HEALTH & SOCIAL SERVICES (continued) May 17 Friday Butrovich 205 1:30 PM No Meeting Scheduled May 20 Monday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY May 08 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled May 10 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE May 09 Thursday Beltz 105 (tsbldg) 1:30 PM += SB 11 MILITARY SPOUSE COURTESY LICENSE += SB 106 HOMEOWNER/RENTER INSURANCE RENEWAL -- Public Testimony -- ---------------------------------------- RESOURCES May 08 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled May 10 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- RULES May 08 Wednesday Butrovich 205 4:00 PM -- MEETING CANCELED -- + HB 78 INSURER & GROUP INSURANCE DISCLOSURE -- Public Testimony -- 2019-05-08 Senate Journal Page 1075 RULES (continued) May 09 Thursday Butrovich 205 9:00 AM + HB 78 INSURER & GROUP INSURANCE DISCLOSURE -- Public Testimony -- ---------------------------------------- STATE AFFAIRS May 09 Thursday Butrovich 205 3:30 PM + HB 71 STATE PERSONNEL ACT: VETERANS' EXPERIENCE -- Public Testimony <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION May 08 Wednesday Beltz 105 (tsbldg) 5:00 PM -- Please Note Time & Location -- + HJR 12 NORTHERN RAIL EXTENSION -- Public Testimony -- May 09 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES JOINT ARMED SERVICES COMMITTEE May 09 Thursday Senate Finance 532 11:15 AM -- Please Note Time Change -- + Presentations by: - Brigadier General Torrence Saxe, The Adjutant General, Alaska National Guard Commissioner, Alaska Department of Military & Veterans' Affairs - Colonel Cory Mendenhall, Representing the Lieutenant General, Alaska North American Aerospace Defense Region, Alaskan Command, Eleventh Air Force - Colonel Adam Lange, Representing the Commanding General, U.S. Army Alaska - Rear Admiral Matthew Bell, Commander, Seventeenth U.S. Coast Guard District ---------------------------------------- 2019-05-08 Senate Journal Page 1076 JOINT COMMITTEES (continued) LEGISLATIVE BUDGET & AUDIT May 10 Friday Adams Room 519 7:00 AM -- Teleconference Listen Only -- + Executive Session - Legislative Audit Contracts - Consultant Contract Amendments Other Committee Business