Legislature(2019 - 2020)

2019-05-09 Senate Journal

Full Journal pdf

2019-05-09                     Senate Journal                      Page 1077
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           THIRTY-FIRST LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska Thursday May 9, 2019                                                                                           
                                                                                                                                
                          One Hundred Fifteenth Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Giessel at 10:02 a.m.                                                                                                           
                                                                                                                                
The roll showed nineteen members present. Senator Shower was                                                                    
absent.                                                                                                                         
                                                                                                                                
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.                                                                                                                        
                                                                                                                                
          Most Holy One, bless the public servants in the                                                                       
          government of this state, that they may do their work                                                                 
          in a spirit of wisdom, charity, and justice. Help them                                                                
          use their authority to serve faithfully and to promote                                                                
          our common life; this we pray in your Holy name.                                                                      
                                                              Amen.                                                             
                                                                                                                                
Senator Wielechowski led the Senate in the Pledge of Allegiance.                                                                
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Costello moved and asked unanimous consent the journal for                                                              
the one hundred fourteenth legislative day be approved as certified by                                                          
the Secretary. Without objection, it was so ordered.                                                                            
                                                                                                                                
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1078
                           Messages from the House                                                                           
                                                                                                                                
SB 61                                                                                                                         
Message dated May 8 was read stating the House passed and returned:                                                             
                                                                                                                                
                SENATE BILL NO. 61 "An Act relating to claims                                                                  
             against protection and indemnity insurance policies                                                               
          of vessel owners."                                                                                                    
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HB 39                                                                                                                         
Message dated May 8 was read stating the Speaker granted limited                                                                
powers of free conference to the House conferees 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                                                                 
certain programs; capitalizing funds; amending appropriations; making                                                           
supplemental appropriations and reappropriations; and providing for                                                             
an effective date."                                                                                                             
                                                                                                                                
on the following specific points:                                                                                               
                                                                                                                                
The appropriations and language that are not identical in the House                                                             
and Senate versions of HB 39.                                                                                                   
                                                                                                                                
HB 40                                                                                                                         
Message dated May 8 was read stating the Speaker granted limited                                                                
powers of free conference to the House conferees considering:                                                                   
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1079
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)                                                                                                                
                                                                                                                                
on the following specific points:                                                                                               
                                                                                                                                
The appropriations and language that are not identical in the House                                                             
and Senate versions of HB 40.                                                                                                   
                                                                                                                                
Message dated May 8 was read stating the House passed and                                                                       
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 49                                                                                                                         
CS FOR HOUSE BILL NO. 49(FIN) am BY THE HOUSE FINANCE                                                                           
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to criminal law and procedure;                                                                       
          relating to pretrial services; establishing the crime of                                                              
          possession of motor vehicle theft tools; relating to                                                                  
          electronic monitoring; relating to controlled                                                                         
          substances; relating to probation and parole; relating                                                                
          to sentencing; amending the definitions of 'most                                                                      
          serious felony,' 'sex offense,' and 'sex offender';                                                                   
          relating to registration of sex offenders; relating to                                                                
          operating under the influence; relating to refusal to                                                                 
          submit to a chemical test; relating to the duties of the                                                              
          commissioner of corrections; relating to testing of                                                                   
          sexual assault examination kits; relating to reports of                                                               
          involuntary commitment; amending Rules 6(r)(6) and                                                                    
          38.2, Alaska Rules of Criminal Procedure; and                                                                         
          providing for an effective date."                                                                                     
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1080
                                Communications                                                                               
                                                                                                                                
The following report is on file in the Office of the Secretary of the                                                           
Senate:                                                                                                                         
                                                                                                                                
Ombudsman 2018 Annual Report                                                                                                    
in accordance with AS 24.55.230                                                                                                 
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 78                                                                                                                         
The Rules Committee considered HOUSE BILL NO. 78 "An Act                                                                        
relating to insurance; relating to an insurer's corporate annual                                                                
disclosure; relating to insurance company holding systems; and                                                                  
providing for an effective date" and recommended it be replaced with                                                            
                                                                                                                                
          SENATE CS FOR HOUSE BILL NO. 78(RLS) "An                                                                              
          Act relating to insurance; relating to an insurer's                                                                   
          corporate governance; relating to insurance holding                                                                   
          companies and insurance company holding systems;                                                                      
          amending Rule 26, Alaska Rules of Civil Procedure,                                                                    
          and Rules 402, 409, and 501, Alaska Rules of                                                                          
          Evidence; and providing for an effective date."                                                                       
          (Title Change SCR 6)                                                                                                  
                                                                                                                                
Signing do pass: Senator Coghill, Chair; Senators Giessel, Costello,                                                            
von Imhof. Signing no recommendation: Senator Begich.                                                                           
                                                                                                                                
The following previously published fiscal information applies:                                                                  
         Fiscal Note No. 1, zero, Department of Commerce, Community,                                                           
           and Economic Development                                                                                             
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
HJR 12                                                                                                                        
The Transportation Committee considered HOUSE JOINT                                                                             
RESOLUTION NO. 12 Supporting the completion of the Northern                                                                     
Rail Extension; supporting the increase in defensive capabilities at                                                            
Fort Greely, Alaska; and encouraging the development of critical                                                                
Arctic infrastructure. Signing do pass: Senator Hughes, Chair;                                                                  
Senators Shower, Wilson, Kiehl, Micciche.                                                                                       
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1081
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, House Special Committee on Military and                                                           
          Veterans’ Affairs                                                                                                     
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SCR 6                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 6 BY THE SENATE                                                                                
RULES COMMITTEE,                                                                                                                
                                                                                                                                
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 78, relating to insurance;                                                                  
          relating to an insurer's corporate annual disclosure;                                                                 
          and relating to insurance company holding systems.                                                                    
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 74                                                                                                                         
SENATE BILL NO. 74 "An Act relating to funding for Internet                                                                     
services for school districts" 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 1036. Senator Begich objected, then withdrew his objection.                                                                
There being no further objection, CS FOR SENATE BILL                                                                            
NO. 74(FIN) "An Act relating to funding for Internet services for                                                               
school districts; 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.                                                                                  
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1082
CS FOR SENATE BILL NO. 74(FIN) was read the third time.                                                                         
                                                                                                                                
The presence of Senator Shower was noted.                                                                                       
                                                                                                                                
SB 74                                                                                                                         
Senator Wilson moved and asked unanimous consent to abstain from                                                                
voting due to a conflict of interest. Senator Costello objected and                                                             
Senator Wilson was required to vote.                                                                                            
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 74(FIN) "An                                                                   
Act relating to funding for Internet services for school districts; and                                                         
providing for an effective date" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
CSSB 74(FIN)                                                                                                                    
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                       
                                                                                                                                
Nays:  Reinbold                                                                                                                 
                                                                                                                                
and so, CS FOR SENATE BILL NO. 74(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 clause.                                                        
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 78                                                                                                                         
HOUSE BILL NO. 78 "An Act relating to insurance; relating to an                                                                 
insurer's corporate annual disclosure; relating to insurance company                                                            
holding systems; and providing for an effective date" was read the                                                              
second time.                                                                                                                    
                                                                                                                                
President Giessel stated HOUSE BILL NO. 78 will advance to third                                                                
reading on the May 10 calendar.                                                                                                 
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1083
                                  Citations                                                                                  
                                                                                                                                
Honoring - Rev. Dr. Anna Frank                                                                                                  
Senator Bishop                                                                                                                  
                                                                                                                                
Senator Costello moved and asked unanimous consent the citation be                                                              
adopted. Without objection, the citation was adopted and referred to                                                            
the Secretary for transmittal.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Begich moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from 12:00 a.m., July 16 through 12:00 p.m.,                                                          
July 20; and from 12:00 a.m., August 2 through 12:00 p.m., August 7.                                                            
Without objection, Senator Begich was excused.                                                                                  
                                                                                                                                
Senator Wilson moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from June 23 through June 29. Without                                                                 
objection, Senator Wilson was excused.                                                                                          
                                                                                                                                
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" which had been                                                                
engrossed (page 1070), was signed by the President and Secretary and                                                            
transmitted to the House for consideration.                                                                                     
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1084
                                 Engrossment                                                                                 
                                                                                                                                
SB 74                                                                                                                         
CS FOR SENATE BILL NO. 74(FIN) "An Act relating to funding for                                                                  
Internet services for school districts; and providing for an effective                                                          
date" 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 11:00 a.m., May 10, 2019. Without                                                                    
objection, the Senate adjourned at 10:25 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1085
                                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 09        Thursday                  Senate Finance 532            9:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+ HB  49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                              
              <Bill Hearing Canceled>                                                                                           
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 09        Thursday                  Senate Finance 532            1:30 PM                                                 
+= HB  49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                             
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 10        Friday                    Senate Finance 532            9:00 AM                                                 
+= HB  49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                             
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1086
                             FINANCE (continued)                                                                             
                                                                                                                                
May 10 Friday Senate Finance 532 1:30 PM                                                                                      
+= HB  49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                             
+             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 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                                                                                                          
                                                                                                                                
May 17 Friday Butrovich 205 1:30 PM                                                                                           
  No Meeting Scheduled                                                                                                          
                                                                                                                                
May 20 Monday Butrovich 205 1:30 PM                                                                                           
  No Meeting Scheduled                                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
May 10 Friday Beltz 105 (tsbldg) 1:30 PM                                                                                      
  No Meeting Scheduled                                                                                                          
                                                                                                                                
May 13 Monday Beltz 105 (tsbldg) 1:30 PM                                                                                      
  No Meeting Scheduled                                                                                                          
                                                                                                                                
May 15 Wednesday Beltz 105 (tsbldg) 1:30 PM                                                                                   
  No Meeting Scheduled                                                                                                          
                                                                                                                                
May 17 Friday Beltz 105 (tsbldg) 1:30 PM                                                                                      
  No Meeting Scheduled                                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1087
                               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 --                                                                                            
                                                                                                                                
May 10 Friday Beltz 105 (tsbldg) 1:30 PM                                                                                      
+= SB 106 HOMEOWNER/RENTER INSURANCE RENEWAL                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
+ HB 104 MORTGAGE LOAN ORIGINATOR LICENSING                                                                                     
              <Pending Referral>                                                                                                
              -- Public Testimony --                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
May 10 Friday Butrovich 205 3:30 PM                                                                                           
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                    RULES                                                                                    
                                                                                                                                
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                                                                                  
                                                                                                                                
May 14 Tuesday Butrovich 205 3:30 PM                                                                                          
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 16 Thursday Butrovich 205 3:30 PM                                                                                         
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1088
                                TRANSPORTATION                                                                               
                                                                                                                                
May 09        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 14        Tuesday                         Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
May 16        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                                                                             
                   ----------------------------------------                                                                    
                                                                                                                                
                          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                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                

2019-05-09                     Senate Journal                      Page 1089
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                    CONFERENCE COMMITTEE ON HB39 AND HB40                                                                    
                                                                                                                                
May 09        Thursday                  Senate Finance 532            4:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+= HB  39 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB  40 APPROP: MENTAL HEALTH BUDGET