Legislature(2015 - 2016)

2016-05-12 House Journal

Full Journal pdf

2016-05-12                     House Journal                      Page 2803
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-NINTH LEGISLATURE                                                                              
                                                                                                                                
                            SECOND SESSION                                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Thursday                  May 12, 2016                                                        
                                                                                                                                
                       One Hundred Fifteenth Day                                                                           
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker Chenault at 6:07 p.m. in the                                                           
Terry Miller Legislative Office Building gymnasium.                                                                             
                                                                                                                                
Roll call showed 34 members present.  Representatives Hawker,                                                                   
Keller, and Reinbold had been excused from a call of the House today.                                                           
Representative Wool was absent and later excused.                                                                               
                                                                                                                                
Representative Herron, Acting Majority Leader, moved and asked                                                                  
unanimous consent that Representatives Millett and Claman be                                                                    
excused from a call of the House today.  There being no objection, it                                                           
was so ordered.                                                                                                                 
                                                                                                                                
The invocation was offered by the Chaplain, Representative Stutes.                                                              
Representative Wilson moved and asked unanimous consent that the                                                                
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
   With the deepest respect for all religious beliefs, I offer this                                                            
    prayer.                                                                                                                     
                                                                                                                                
    We gather here today intent on doing good work.  We seek to                                                                 
    represent fairly and well those who have given us this task.                                                                
    May our efforts be blessed with insight and guided by                                                                       
    understanding and wisdom.  We seek to serve with respect for                                                                
    all.  May our personal faiths give us strength to act honestly                                                              
    and well in all matters before us.  Amen.                                                                                   
                                                                                                                                

2016-05-12                     House Journal                      Page 2804
The Pledge of Allegiance was led by Representative Gattis.                                                                      
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
journal for the 114th legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
HB 137                                                                                                                        
A message dated May 12, 2016, was read stating the Senate adopted                                                               
the Conference Committee with limited powers of free conference                                                                 
report on CSHB 137(FIN) am and SCS CSHB 137(FIN) am S, thus                                                                     
adopting:                                                                                                                       
                                                                                                                                
    CONFERENCE CS FOR HOUSE BILL NO. 137                                                                                        
    "An Act relating to the duties of the commissioner of fish and                                                              
    game; establishing an intensive management surcharge; providing                                                             
    for the repeal of the intensive management surcharge; establishing                                                          
    certain special hunting and fishing licenses and permits for                                                                
    residents with developmental disabilities; establishing a separate                                                          
    sustainable wildlife account in the fish and game fund; raising                                                             
    certain fees related to sport fishing, hunting, and trapping; relating                                                      
    to the fish and game fund; providing for the repeal of the sport                                                            
    fishing surcharge and sport fishing facility revenue bonds; relating                                                        
    to hunting and fishing by proxy; relating to fish and game                                                                  
    conservation decals; raising the age at which a state resident is                                                           
    required to obtain a license for sport fishing, hunting, or trapping;                                                       
    relating to the Chitina dip net fishery; and providing for an                                                               
    effective date."                                                                                                            
                                                                                                                                
    (SCR 22 - title change resolution)                                                                                          
                                                                                                                                
The House adopted CCS HB 137 (page 2793).                                                                                       
                                                                                                                                
CCS HB 137 was referred to the Chief Clerk for engrossment and                                                                  
enrollment.                                                                                                                     
                                                                                                                                

2016-05-12                     House Journal                      Page 2805
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 247                                                                                                                        
The Rules Committee considered:                                                                                                 
                                                                                                                                
    CS FOR HOUSE BILL NO. 247(FIN) am                                                                                           
    "An Act relating to interest applicable to delinquent tax; relating                                                         
    to the oil and gas production tax, tax payments, and credits;                                                               
    relating to refunds for the gas storage facility tax credit, the                                                            
    liquefied natural gas storage facility tax credit, and the qualified                                                        
    in-state oil refinery infrastructure expenditures tax credit; relating                                                      
    to oil and gas lease expenditures and production tax credits for                                                            
    municipal entities; relating to a bond or cash deposit required for                                                         
    an oil or gas business; establishing a legislative working group to                                                         
    study the tax structure for oil and gas produced south of 68                                                                
    degrees North latitude; and providing for an effective date."                                                               
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    2d CS FOR HOUSE BILL NO. 247(RLS)                                                                                           
    "An Act relating to the powers and duties of the Alaska Oil and                                                             
    Gas Conservation Commission; relating to exploration incentive                                                              
    credits; relating to confidential information status and public                                                             
    record status of information in the possession of the Department                                                            
    of Revenue; relating to interest applicable to delinquent tax;                                                              
    relating to the oil and gas production tax rate for certain oil                                                             
    exempt from taxation or constituting a landowner's royalty                                                                  
    interest; relating to oil and gas production tax credits; relating to                                                       
    tax credit certificates; relating to the calculation of the production                                                      
    tax value of oil and gas; relating to refunds for the gas storage                                                           
    facility tax credit, the liquefied natural gas storage facility tax                                                         
    credit, and the qualified in-state oil refinery infrastructure                                                              
    expenditures tax credit; relating to the purchase of tax credit                                                             
    certificates from the oil and gas tax credit fund; relating to lease                                                        
    expenditures; relating to oil and gas lease expenditures and                                                                
    production tax credits for municipal entities; requiring a bond or                                                          
    cash deposit with a business license application for an oil or gas                                                          
    business; establishing a legislative working group to study the                                                             
    fiscal regime and tax structure and rates for oil and gas produced                                                          
    south of 68 degrees North latitude; and providing for an effective                                                          
    date."                                                                                                                      

2016-05-12                     House Journal                      Page 2806
The report was signed by Representative Johnson, Chair, with the                                                                
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Chenault, Olson, Johnson                                                                                          
                                                                                                                                
No recommendation (2):  Herron, Tuck                                                                                            
                                                                                                                                
Amend (1):  Kreiss-Tomkins                                                                                                      
                                                                                                                                
The following fiscal note(s) apply to 2d CSHB 247(RLS):                                                                         
                                                                                                                                
5.  Zero, Dept. of Natural Resources                                                                                            
7.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
CSHB 247(FIN) am is on today's calendar.                                                                                        
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Teagen Tanner and Helmets on Heads                                                                                   
By Representatives Tilton, Hughes, Gattis, Neuman, Colver, Keller;                                                              
Senators Stoltze, Dunleavy, Huggins                                                                                             
                                                                                                                                
Honoring - Alaska Military Youth Academy                                                                                        
By Representatives LeDoux, Saddler                                                                                              
                                                                                                                                
In Memoriam - Delores Calista Rose Espinosa Grumbling                                                                           
By Representative LeDoux; Senator Wielechowski                                                                                  
                                                                                                                                
In Memoriam - Lyle Von Bergen                                                                                                   
By Senator Dunleavy                                                                                                             
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     HOUSE BILLS IN THIRD READING                                                                            
                                                                                                                                
HB 247                                                                                                                        
The following, which was returned to the Rules Committee (page                                                                  
2311), was before the House in third reading:                                                                                   
                                                                                                                                

2016-05-12                     House Journal                      Page 2807
    CS FOR HOUSE BILL NO. 247(FIN) am                                                                                           
    "An Act relating to interest applicable to delinquent tax; relating                                                         
    to the oil and gas production tax, tax payments, and credits;                                                               
    relating to refunds for the gas storage facility tax credit, the                                                            
    liquefied natural gas storage facility tax credit, and the qualified                                                        
    in-state oil refinery infrastructure expenditures tax credit; relating                                                      
    to oil and gas lease expenditures and production tax credits for                                                            
    municipal entities; relating to a bond or cash deposit required for                                                         
    an oil or gas business; establishing a legislative working group to                                                         
    study the tax structure for oil and gas produced south of 68                                                                
    degrees North latitude; and providing for an effective date."                                                               
                                                                                                                                
Representative Herron moved and asked unanimous consent that                                                                    
CSHB 247(FIN) am be returned to second reading for the purpose of                                                               
rescinding action in the adoption of all amendments.  There being no                                                            
objection, it was so ordered.                                                                                                   
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
House rescind action in adopting all amendments.  There being no                                                                
objection, it was so ordered.                                                                                                   
                                                                                                                                
Representative Herron moved and asked unanimous consent to                                                                      
withdraw Amendment Nos. 1, 13 as amended, 15, 16, 18 as amended,                                                                
and 19.  There being no objection, the amendments were withdrawn.                                                               
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
House rescind action in adopting CSHB 247(FIN).  There being no                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
Representative Herron moved and asked unanimous consent to                                                                      
withdraw the motion to adopt CSHB 247(FIN) in lieu of the original                                                              
bill.  There being no objection, it was so ordered.                                                                             
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
following be adopted in lieu of the original bill:                                                                              
                                                                                                                                
    2d CS FOR HOUSE BILL NO. 247(RLS)                                                                                           
    "An Act relating to the powers and duties of the Alaska Oil and                                                             
    Gas Conservation Commission; relating to exploration incentive                                                              
    credits; relating to confidential information status and public                                                             

2016-05-12                     House Journal                      Page 2808
    record status of information in the possession of the Department                                                            
    of Revenue; relating to interest applicable to delinquent tax;                                                              
    relating to the oil and gas production tax rate for certain oil                                                             
    exempt from taxation or constituting a landowner's royalty                                                                  
    interest; relating to oil and gas production tax credits; relating to                                                       
    tax credit certificates; relating to the calculation of the production                                                      
    tax value of oil and gas; relating to refunds for the gas storage                                                           
    facility tax credit, the liquefied natural gas storage facility tax                                                         
    credit, and the qualified in-state oil refinery infrastructure                                                              
    expenditures tax credit; relating to the purchase of tax credit                                                             
    certificates from the oil and gas tax credit fund; relating to lease                                                        
    expenditures; relating to oil and gas lease expenditures and                                                                
    production tax credits for municipal entities; requiring a bond or                                                          
    cash deposit with a business license application for an oil or gas                                                          
    business; establishing a legislative working group to study the                                                             
    fiscal regime and tax structure and rates for oil and gas produced                                                          
    south of 68 degrees North latitude; and providing for an effective                                                          
    date."                                                                                                                      
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
2d CSHB 247(RLS) was automatically in third reading.                                                                            
                                                                                                                                
The Speaker stated that, without objection, 2d CSHB 247(RLS) will                                                               
be held in third reading to tomorrow's calendar.                                                                                
                                                                                                                                
Representative Herron moved and asked unanimous consent that                                                                    
Representative Wool be excused from a call of the House today.                                                                  
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
In Memoriam - Ryan Frederick Kauffman                                                                                           
By Representatives Kreiss-Tomkins, Chenault, Claman, Colver,                                                                    
Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker,                                                                     
Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito,                                                                     
LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz,                                                                     

2016-05-12                     House Journal                      Page 2809
Reinbold, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                           
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
In Memoriam - Dr. David A. McGuire                                                                                              
By Senator McGuire; Representatives Chenault, Claman, Colver,                                                                   
Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker,                                                                     
Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-                                                             
Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson,                                                                   
Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico,                                                          
Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                             
                                                                                                                                
In Memoriam - John "Leo" Powell                                                                                                 
By Senator Stoltze; Representatives Chenault, Claman, Colver,                                                                   
Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker,                                                                     
Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-                                                             
Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson,                                                                   
Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico,                                                          
Tarr, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                             
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Claman - from 11:00 p.m., today to 10:00 p.m.,                                                                   
May 15                                                                                                                          
                                                                                                                                
Representative LeDoux - from 5:00 p.m., May 13 to 9:00 a.m.,                                                                    
May 16                                                                                                                          
                                                                                                                                
HB 100                                                                                                                        
The following memorandum, dated May 11, 2016, was received from                                                                 
Laura Duval, Enrolling Secretary, Division of Legal and Research                                                                
Services, regarding:                                                                                                            
                                                                                                                                
           SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S                                                                   
    "An Act establishing a credit against the net income tax for an in-                                                         
    state processing facility that manufactures urea, ammonia, or gas-                                                          
    to-liquid products; relating to establishing the value of the state's                                                       
    royalty share of gas production based on contracts with certain in-                                                         

2016-05-12                     House Journal                      Page 2810
    state processing facilities that manufacture urea, ammonia, or gas-                                                         
    to-liquid products; and providing for an effective date."                                                                   
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest errors in SCS                                                                
CSHB 100(FIN) am S, which have been corrected in enrolling:                                                                     
                                                                                                                                
Page 2, line 11:                                                                                                                
    Delete "with either"                                                                                                        
    Insert "either with"                                                                                                        
                                                                                                                                
Page 2, line 18:                                                                                                                
    Delete "subsection"                                                                                                         
    Insert "paragraph""                                                                                                         
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
SB 91                                                                                                                         
The following, for which engrossment was waived (page 2796), was                                                                
engrossed and returned to the Senate:                                                                                           
                                                                                                                                
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 91(FIN)                                                                          
    am H                                                                                                                        
    "An Act relating to civil in rem forfeiture actions; relating to                                                            
    criminal law and procedure; relating to controlled substances;                                                              
    relating to victims of criminal offenses; relating to probation;                                                            
    relating to sentencing; relating to treatment program credit for                                                            
    time spent toward service of a sentence of imprisonment; relating                                                           
    to the Violent Crimes Compensation Board; establishing a pretrial                                                           
    services program with pretrial services officers in the Department                                                          
    of Corrections; relating to permanent fund dividends; relating to                                                           
    electronic monitoring; relating to penalties for violations of                                                              
    municipal ordinances; relating to parole; relating to correctional                                                          
    restitution centers; relating to community work service; relating to                                                        
    revocation, termination, suspension, cancellation, or restoration of                                                        
    a driver's license; relating to identification cards and driver's                                                           
    licenses for parolees; relating to the disqualification of persons                                                          
    convicted of certain felony drug offenses from participation in the                                                         
    food stamp and temporary assistance programs; relating to the                                                               
    duties of the commissioner of corrections; amending Rules 32,                                                               

2016-05-12                     House Journal                      Page 2811
    32.1, 38, and 43, Alaska Rules of Criminal Procedure; and                                                                   
    providing for an effective date."                                                                                           
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of April 6,                                                             
2016.                                                                                                                           
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Herron moved and asked unanimous consent that the                                                                
House adjourn until 10:00 a.m., May 13, 2016.  There being no                                                                   
objection, the House adjourned at 6:25 p.m.                                                                                     
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk