Legislature(2019 - 2020)

2019-07-20 Senate Journal

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2019-07-20                     Senate Journal                      Page 1383
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           THIRTY-FIRST LEGISLATURE                                                                          
                                                                                                                                
                            SECOND SPECIAL SESSION                                                                           
                                                                                                                                
Juneau, Alaska                     Saturday                    July 20, 2019                                                  
                                                                                                                                
                                Thirteenth Day                                                                               
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Giessel at 12:32 p.m.                                                                                                           
                                                                                                                                
The roll showed nineteen members present. Senator Shower was                                                                    
absent.                                                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Senator Coghill. Senator                                                                
Hoffman moved and asked unanimous consent the prayer be spread.                                                                 
Without objection, it was so ordered.                                                                                           
                                                                                                                                
          Heavenly Father, as we bow in your presence today,                                                                    
          we remember those among us who have had to say                                                                        
          goodbye to the dearest on earth to them; please                                                                       
          comfort our members and their families in their grief                                                                 
          and sorrow. Shower them with your love and we will                                                                    
          do our best to show compassion and sensitivity                                                                        
          toward them.                                                                                                          
                                                                                                                                
          For the business of the day we still ask for help. We                                                                 
          have the eyes of so many people watching us with                                                                      
          expectations of coming together with an agreement                                                                     
          that moves us along economically.                                                                                     
                                                                                                                                
          So many diverse views and geography come together                                                                     
          in this chamber and yet we seek your help in moving                                                                   
          us along as a unit (that is with unity) for the benefit                                                               
          of all Alaskans.                                                                                                      
                                                                                                                                
          Teach us to care for one another as we do our best to                                                                 
            honor our oath of office and the people we represent.                                                              
                                                                                                                                
          We remain grateful in serving,                                                                                        
                                                                                                                                

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          We are sobered by our members’ sorrow,                                                                                
                                                                                                                                
              We stay hopeful that with Your help our state will                                                               
          become better for our efforts. I pray in the name of                                                                  
          Christ the Lord, my Savior.     Amen.                                                                                 
                                                                                                                                
Senator Gray-Jackson led the Senate in the Pledge of Allegiance.                                                                
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the journal for                                                               
the twelfth legislative day of the second special session be approved as                                                        
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 2002                                                                                                                       
The Finance Committee considered SENATE BILL NO. 2002 "An                                                                       
Act making appropriations, including capital appropriations,                                                                    
supplemental appropriations, and other appropriations; repealing                                                                
appropriations; making appropriations to capitalize funds; and                                                                  
providing for an effective date" and recommended it be replaced with                                                            
                                                                                                                                
      CS FOR SENATE BILL NO. 2002(FIN) "An Act                                                                                  
      making appropriations, including capital appropriations,                                                                  
      supplemental appropriations, reappropriations, and other                                                                  
      appropriations; amending appropriations; making                                                                           
      appropriations to capitalize funds; making                                                                                
      appropriations for the capital expenses of the state's                                                                    
      integrated comprehensive mental health program;                                                                           
      making appropriations under art. IX, sec. 17(c),                                                                          
      Constitution of the State of Alaska, from the                                                                             
      constitutional budget reserve fund; and providing for an                                                                  
      effective date."                                                                                                          
                                                                                                                                
Signing do pass: Senators Stedman, von Imhof, Cochairs; Senators                                                                
Wielechowski, Olson, Bishop. Signing amend: Senator Wilson.                                                                     
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
                                                                                                                                

2019-07-20                     Senate Journal                      Page 1385
                        Consideration of the Calendar                                                                        
                                                                                                                                
SB 2002                                                                                                                       
SENATE BILL NO. 2002 "An Act making appropriations, including                                                                   
capital appropriations, supplemental appropriations, and other                                                                  
appropriations; repealing appropriations; making appropriations to                                                              
capitalize funds; and providing for an effective date" was read the                                                             
second time.                                                                                                                    
                                                                                                                                
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 SENATE BILL NO. 2002(FIN) "An Act                                                                     
making appropriations, including capital appropriations, supplemental                                                           
appropriations, reappropriations, and other appropriations; amending                                                            
appropriations; making appropriations to capitalize funds; making                                                               
appropriations for the capital expenses of the state's integrated                                                               
comprehensive mental health program; making appropriations under                                                                
art. IX, sec. 17(c), Constitution of the State of Alaska, from the                                                              
constitutional budget reserve fund; and providing for an effective date"                                                        
was adopted.                                                                                                                    
                                                                                                                                
Senator Hoffman moved the bill be considered engrossed, advanced to                                                             
third reading and placed on final passage. Senator Reinbold objected.                                                           
                                                                                                                                
Senator Reinbold moved the Senate stand in recess. There was                                                                    
objection.                                                                                                                      
                                                                                                                                
The question being: "Shall the Senate stand in recess?" The roll was                                                            
taken with the following result:                                                                                                
                                                                                                                                
Shall the Senate Recess?                                                                                                        
                                                                                                                                
YEAS:  6   NAYS:  13   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Costello, Gray-Jackson, Hughes, Kawasaki, Kiehl, Reinbold                                                                
                                                                                                                                
Nays:  Begich, Birch, Bishop, Coghill, Giessel, Hoffman, Micciche,                                                              
Olson, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                        
                                                                                                                                
Absent:  Shower                                                                                                                 
                                                                                                                                
and so, the motion to recess failed.                                                                                            
                                                                                                                                

2019-07-20                     Senate Journal                      Page 1386
The motion to advance CS FOR SENATE BILL NO. 2002(FIN) from                                                                     
second to third reading was before the Senate.                                                                                  
                                                                                                                                
Senator Coghill rose to a point of order (Mason’s Manual Sec. 101).                                                             
                                                                                                                                
President Giessel ruled the point well taken and cautioned members to                                                           
proceed in order.                                                                                                               
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 2002(FIN)                                                                     
advance from second to third reading the same day?" The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
CSSB 2002(FIN)                                                                                                                  
Advance from Second to Third Reading?                                                                                           
                                                                                                                                
YEAS:  16   NAYS:  3   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Giessel, Gray-Jackson,                                                                   
Hoffman, Kawasaki, Kiehl, Micciche, Olson, Stedman, Stevens,                                                                    
von Imhof, Wielechowski, Wilson                                                                                                 
                                                                                                                                
Nays:  Costello, Hughes, Reinbold                                                                                               
                                                                                                                                
Absent:  Shower                                                                                                                 
                                                                                                                                
and so, CS FOR SENATE BILL NO. 2002(FIN) advanced from                                                                          
second to third reading.                                                                                                        
                                                                                                                                
CS FOR SENATE BILL NO. 2002(FIN) was read the third time.                                                                       
                                                                                                                                
Senator Hoffman moved and asked unanimous consent Senator                                                                       
Shower be excused from a call of the Senate today. Without objection,                                                           
Senator Shower was excused.                                                                                                     
                                                                                                                                
Senator Coghill rose to a point of order (Mason’s Manual Sec.                                                                   
121(2)).                                                                                                                        
                                                                                                                                
President Giessel cautioned members to proceed in order.                                                                        
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 2002(FIN)                                                                     
"An Act making appropriations, including capital appropriations,                                                                
supplemental appropriations, reappropriations, and other                                                                        
appropriations; amending appropriations; making appropriations to                                                               
capitalize funds; making appropriations for the capital expenses of the                                                         

2019-07-20                     Senate Journal                      Page 1387
state's integrated comprehensive mental health program; making                                                                  
appropriations under art. IX, sec. 17(c), Constitution of the State of                                                          
Alaska, from the constitutional budget reserve fund; and providing for                                                          
an effective date" pass the Senate?" The roll was taken with the                                                                
following result:                                                                                                               
                                                                                                                                
CSSB 2002(FIN)                                                                                                                  
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                     
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, CS FOR SENATE BILL NO. 2002(FIN) passed the Senate.                                                                     
                                                                                                                                
Senator Hoffman moved for the adoption of the effective date clauses.                                                           
                                                                                                                                
The question being: "Shall the effective date clauses be adopted?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
CSSB 2002(FIN)                                                                                                                  
Effective Date Clauses                                                                                                          
                                                                                                                                
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                               
                                                                                                                                
Nays:  Reinbold                                                                                                                 
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, the effective date clauses were adopted.                                                                                
                                                                                                                                
Senator Hoffman moved for the adoption of the constitutional budget                                                             
reserve fund section.                                                                                                           
                                                                                                                                
The question being: "Shall the constitutional budget reserve fund                                                               
section (Article IX, Section 17(c) Constitution of the State of Alaska)                                                         
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                

2019-07-20                     Senate Journal                      Page 1388
                                                                                                                                
CSSB 2002(FIN)                                                                                                                  
Constitutional Budget Reserve Fund Section(s)?                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Costello, Giessel, Gray-                                                                 
Jackson, Hoffman, Hughes, Kawasaki, Kiehl, Micciche, Olson,                                                                     
Reinbold, Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                     
                                                                                                                                
Excused:  Shower                                                                                                                
                                                                                                                                
and so, the constitutional budget reserve fund section was adopted, and                                                         
the bill was referred to the Secretary for engrossment.                                                                         
                                                                                                                                
                                                                                                                                
                                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 2002                                                                                                                       
CS FOR SENATE BILL NO. 2002(FIN) "An Act making                                                                                 
appropriations, including capital appropriations, supplemental                                                                  
appropriations, reappropriations, and other appropriations; amending                                                            
appropriations; making appropriations to capitalize funds; making                                                               
appropriations for the capital expenses of the state's integrated                                                               
comprehensive mental health program; making appropriations under                                                                
art. IX, sec. 17(c), Constitution of the State of Alaska, from the                                                              
constitutional budget reserve fund; and providing for an effective date"                                                        
was engrossed, signed by the President and Secretary and transmitted                                                            
to the House for consideration.                                                                                                 
                                                                                                                                
                                                                                                                                

2019-07-20                     Senate Journal                      Page 1389
                                  Enrollment                                                                                 
                                                                                                                                
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 enrolled, signed by the President and Secretary,                                                             
Speaker and Chief Clerk and the engrossed and enrolled copies                                                                   
transmitted to the Office of the Governor at 1:50 p.m., July 19, 2019.                                                          
                                                                                                                                
                          Legislative Resolve No. 2                                                                            
                                                                                                                                
SCR 6                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 6 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 enrolled, signed by the                                                                  
President and Secretary, Speaker and Chief Clerk and the engrossed                                                              
and enrolled copies transmitted to the Office of the Governor at                                                                
1:50 p.m., July 19, 2019.                                                                                                       
                                                                                                                                
                          Legislative Resolve No. 6                                                                            
                                                                                                                                
SJR 11                                                                                                                        
CS FOR SENATE JOINT RESOLUTION NO. 11(TRA) Urging the                                                                           
United States to issue a Presidential permit authorizing a railroad                                                             
crossing of the Alaska-Canada border from state land into Yukon,                                                                
Canada; and supporting cooperation between the United States and                                                                
Canada to establish a public-private partnership for construction of a                                                          
railroad from Alberta, Canada, to the state that would connect the                                                              
Alaska Railroad to the North American railroad system, was enrolled,                                                            
signed by the President and Secretary, Speaker and Chief Clerk and                                                              
the engrossed and enrolled copies transmitted to the Office of the                                                              
Governor at 1:50 p.m., July 19, 2019.                                                                                           
                                                                                                                                
                          Legislative Resolve No. 7                                                                            
                                                                                                                                

2019-07-20                     Senate Journal                      Page 1390
Memorandum from the Division of Legal and Research Services,                                                                    
Legislative Affairs Agency, reporting the following manifest errors in                                                          
CS FOR SENATE JOINT RESOLUTION NO. 11(TRA), which have                                                                          
been corrected in enrolling:                                                                                                    
                                                                                                                                
Page 4, line 7:                                                                                                                 
     Delete "Acting"                                                                                                            
                                                                                                                                
Page 4, line 16:                                                                                                                
     Delete "Rachel Notley"                                                                                                     
     Insert "Jason Kenney"                                                                                                      
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Hoffman moved and asked unanimous consent the Senate                                                                    
stand in adjournment until 2:00 p.m., July 21, 2019. Without                                                                    
objection, the Senate adjourned at 1:35 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2019-07-20                     Senate Journal                      Page 1391
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