Legislature(2015 - 2016)

2016-05-18 House Journal

Full Journal pdf

2016-05-18                     House Journal                      Page 2941
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-NINTH LEGISLATURE                                                                             
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                    May 18, 2016                                                    
                                                                                                                                
                      One Hundred Twenty-first Day                                                                         
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker Chenault at 3:02 p.m. in the                                                           
Terry Miller Legislative Office Building gymnasium.                                                                             
                                                                                                                                
Roll call showed 38 members present.  Representatives Claman and                                                                
Hawker had been excused from a call of the House today.                                                                         
                                                                                                                                
The invocation was offered by the Chaplain, Representative Ortiz.                                                               
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 the religious beliefs of all                                                                  
     Alaskans, I offer the following prayer.                                                                                    
                                                                                                                                
     Dear Lord,                                                                                                                 
                                                                                                                                
     We, in this Alaska State House of Representatives, are calling                                                             
     upon you today for your divine guidance and help.  We are                                                                  
     entering our last day of session and need your supporting                                                                  
     hand to keep us on the right and just path.  Our task before us                                                            
     today is steep, but we will strive to keep to our goal of serving                                                          
     in the best interests of all Alaskans, seeking your infinite                                                               
     wisdom with faith that you will show us the right way to a just                                                            
     and right resolution.  Thank you for hearing our prayer and                                                                
     staying by our side.  Amen.                                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Seaton.                                                                      

2016-05-18                     House Journal                      Page 2942
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the 120th legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
HB 247                                                                                                                        
A message dated May 18, 2016, was read stating the Senate passed:                                                               
                                                                                                                                
     2d CS FOR HOUSE BILL NO. 247(RLS) am                                                                                       
     "An Act amending the powers of the board of trustees of the                                                                
     Alaska Retirement Management Board to authorize purchase and                                                               
     sale of transferable tax credit certificates issued in conjunction                                                         
     with the production tax on oil and gas; relating to interest                                                               
     applicable to delinquent tax; relating to the oil and gas production                                                       
     tax, tax payments, and credits; relating to exploration incentive                                                          
     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 the confidential information status and public record                                                          
     status of information in the possession of the Department of                                                               
     Revenue; 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."                                                              
                                                                                                                                
with the following amendment, and it is transmitted for consideration:                                                          
                                                                                                                                
     SENATE CS FOR 2d CS FOR HOUSE BILL NO. 247(FIN) am S                                                                       
     "An Act relating to the exploration incentive credits; relating to                                                         
     the powers and duties of the Alaska Oil and Gas Conservation                                                               
     Commission; relating to interest applicable to delinquent tax;                                                             
     relating to the oil and gas production tax, tax payments, and                                                              
     credits; relating to tax credit certificates; 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                                                               

2016-05-18                     House Journal                      Page 2943
     infrastructure expenditures tax credit; 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; and providing for an                                                               
     effective date."                                                                                                           
                                                                                                                                
     (SCR 32 - title change resolution)                                                                                         
                                                                                                                                
HB 247 is under Unfinished Business.                                                                                            
                                                                                                                                
A message dated May 18, 2016, was read stating the Senate passed the                                                            
following, and it is transmitted for consideration:                                                                             
                                                                                                                                
                       FIRST READING AND REFERENCE                                                                           
                          OF SENATE RESOLUTIONS                                                                              
                                                                                                                                
SCR 32                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 32 by the Senate                                                                               
Finance Committee:                                                                                                              
                                                                                                                                
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning House Bill No. 247,                                                               
     amending the powers of the board of trustees of the Alaska                                                                 
     Retirement Management Board to authorize purchase and sale of                                                              
     transferable tax credit certificates issued in conjunction with the                                                        
     production tax on oil and gas; relating to interest applicable to                                                          
     delinquent tax; relating to the oil and gas production tax, tax                                                            
     payments, and credits; relating to exploration incentive 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 the confidential information status and public record status of                                                         
     information in the possession of the Department of Revenue;                                                                
     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; and                                                        
     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.                                                                                                    
                                                                                                                                
was read the first time.                                                                                                        

2016-05-18                     House Journal                      Page 2944
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
HB 75                                                                                                                         
The Conference Committee considering:                                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 75(JUD) am                                                                                           
     "An Act relating to the registration of marijuana establishments by                                                        
     municipalities; relating to the definition of 'marijuana'; clarifying                                                      
     standards for personal use of marijuana by persons 21 years of age                                                         
     or older; prohibiting the public consumption of marijuana;                                                                 
     authorizing the registration of marijuana clubs; relating to                                                               
     established villages and to local option elections regarding the                                                           
     operation of marijuana establishments; and providing for an                                                                
     effective date."                                                                                                           
                                                                                                                                
and                                                                                                                             
                                                                                                                                
     2d SENATE CS FOR CS FOR HOUSE BILL NO. 75(RLS)                                                                             
     "An Act relating to background checks for persons applying to                                                              
     operate marijuana establishments; relating to possessing, using,                                                           
     displaying, purchasing, growing, processing, transporting, and                                                             
     transferring marijuana; relating to assisting another person 21                                                            
     years of age or older in activities related to marijuana; relating to                                                      
     established villages and to local option elections regarding the                                                           
     operation of marijuana establishments; and providing for an                                                                
     effective date."                                                                                                           
                                                                                                                                
     (SCR 14 - title change resolution)                                                                                         
                                                                                                                                
requests limited powers of free conference on the following specific                                                            
point(s):                                                                                                                       
                                                                                                                                
     Sections 9 and 19 (House)                                                                                                  
                                                                                                                                
     Sections 4 and 6 (Senate)                                                                                                  
                                                                                                                                
which relate to local option by an established village.                                                                         
                                                                                                                                
The request was signed by Representatives Tilton, (Chair) Millett,                                                              
Drummond; and Senators Bishop (Chair), McGuire, Hoffman.                                                                        
                                                                                                                                

2016-05-18                     House Journal                      Page 2945
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
The Senate granted limited powers of free conference on May 18,                                                                 
2016.                                                                                                                           
                                                                                                                                
The Conference Committee considering CSHB 75(JUD) am and                                                                        
2d SCS CSHB 75(RLS) recommends the following be adopted:                                                                        
                                                                                                                                
     CONFERENCE CS FOR HOUSE BILL NO. 75                                                                                        
     "An Act relating to possessing, using, displaying, purchasing,                                                             
     growing, processing, transporting, and transferring marijuana;                                                             
     relating to assisting another person 21 years of age or older in                                                           
     activities related to marijuana; relating to established villages and                                                      
     to local option elections regarding the operation of marijuana                                                             
     establishments; and providing for an effective date."                                                                      
                                                                                                                                
     (SCR 14 - title change resolution)                                                                                         
                                                                                                                                
The report was signed by Representatives Tilton (Chair), Millett,                                                               
Drummond; and Senators Bishop (Chair), McGuire, Hoffman.                                                                        
                                                                                                                                
The following fiscal note(s) apply to CCS HB 75:                                                                                
                                                                                                                                
4.  Zero, Alaska Judiciary System                                                                                               
5.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
6.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
Representative Millett moved that the House adopt the Conference                                                                
Committee with limited powers of free conference report, thus                                                                   
adopting CCS HB 75, and recommended that the members vote yes.                                                                  
                                                                                                                                
The question being:  "Shall the House adopt the report?"  The roll was                                                          
taken with the following result:                                                                                                
                                                                                                                                
CCS HB 75                                                                                                                       
Adopt                                                                                                                           
                                                                                                                                
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2016-05-18                     House Journal                      Page 2946
Yeas:  Gara, Gattis, Guttenberg, 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, Wool, Colver, Drummond, Edgmon, Foster, Chenault                                                                       
                                                                                                                                
Nays:  Wilson                                                                                                                   
                                                                                                                                
Excused:  Hawker, Claman                                                                                                        
                                                                                                                                
And so, the House adopted CCS HB 75.                                                                                            
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
CCS HB 75 was referred to the Chief Clerk for engrossment and                                                                   
enrollment.                                                                                                                     
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
SCR 14                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
following be taken up as a Special Order of Business:                                                                           
                                                                                                                                
     SENATE CONCURRENT RESOLUTION NO. 14                                                                                        
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning House Bill No. 75,                                                                
     relating to the registration of marijuana establishments by                                                                
     municipalities; relating to the definition of "marijuana"; clarifying                                                      
     standards for personal use of marijuana by persons 21 years of age                                                         
     or older; prohibiting the public consumption of marijuana;                                                                 
     authorizing the registration of marijuana clubs; and relating to                                                           
     established villages and to local option elections regarding the                                                           
     operation of marijuana establishments.                                                                                     
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The question being:  "Shall SCR 14 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                

2016-05-18                     House Journal                      Page 2947
SCR 14                                                                                                                          
Special Order of Business                                                                                                       
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Gattis, Guttenberg, 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, Colver, Drummond, Edgmon, Foster, Gara,                                                                  
Chenault                                                                                                                        
                                                                                                                                
Excused:  Hawker, Claman                                                                                                        
                                                                                                                                
And so, SCR 14 passed the House, was signed by the Speaker and                                                                  
Chief Clerk, and returned to the Senate.                                                                                        
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
In accordance with Rule 43(b) of the Uniform Rules, the Speaker                                                                 
announced that engrossment may be waived on the bills on today's                                                                
calendar.                                                                                                                       
                                                                                                                                
In accordance with Rule 30(c) of the Uniform Rules, the Speaker                                                                 
announced that reconsideration was not available today.                                                                         
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a call of the Chair; and so, the House recessed at 3:19 p.m.                                                                    
                                                                                                                                
                              AFTER RECESS                                                                                   
                                                                                                                                
The Speaker called the House back to order at 8:44 p.m.                                                                         
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Millett placed a call of the House.                                                                              
                                                                                                                                
Representative Millett moved that the Second Session of the Twenty-                                                             
ninth Legislature extend not more than 10 days.                                                                                 
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                

2016-05-18                     House Journal                      Page 2948
The call was satisfied.                                                                                                         
                                                                                                                                
The question being:  "Shall the Second Session of the Twenty-ninth                                                              
Legislature extend not more than 10 days?"  The roll was taken with                                                             
the following result:                                                                                                           
                                                                                                                                
Second Session Extend Ten Days                                                                                                  
                                                                                                                                
YEAS:  26   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Herron, Hughes, Johnson, Keller, LeDoux, Lynn, Millett,                                                                  
Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton,                                                                
Stutes, Talerico, Thompson, Tilton, Vazquez, Wilson, Colver,                                                                    
Edgmon, Foster, Gattis, Chenault                                                                                                
                                                                                                                                
Nays:  Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, Ortiz,                                                            
Spohnholz, Tarr, Tuck, Wool, Drummond, Gara                                                                                     
                                                                                                                                
Excused:  Hawker, Claman                                                                                                        
                                                                                                                                
And so, lacking the required 27 votes, the motion failed.                                                                       
                                                                                                                                
                       CONCUR IN SENATE AMENDMENTS                                                                           
                                                                                                                                
HB 247                                                                                                                        
Representative Millett moved and asked unanimous consent that the                                                               
House consider the Senate message (page 2942) on the following:                                                                 
                                                                                                                                
     2d CS FOR HOUSE BILL NO. 247(RLS) am                                                                                       
     "An Act amending the powers of the board of trustees of the                                                                
     Alaska Retirement Management Board to authorize purchase and                                                               
     sale of transferable tax credit certificates issued in conjunction                                                         
     with the production tax on oil and gas; relating to interest                                                               
     applicable to delinquent tax; relating to the oil and gas production                                                       
     tax, tax payments, and credits; relating to exploration incentive                                                          
     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 the confidential information status and public record                                                          
     status of information in the possession of the Department of                                                               
     Revenue; 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;                                                            

2016-05-18                     House Journal                      Page 2949
     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."                                                              
                                                                                                                                
and                                                                                                                             
                                                                                                                                
     SENATE CS FOR 2d CS FOR HOUSE BILL NO. 247(FIN) am S                                                                       
     "An Act relating to the exploration incentive credits; relating to                                                         
     the powers and duties of the Alaska Oil and Gas Conservation                                                               
     Commission; relating to interest applicable to delinquent tax;                                                             
     relating to the oil and gas production tax, tax payments, and                                                              
     credits; relating to tax credit certificates; 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;                                                            
     requiring a bond or cash deposit with a business license                                                                   
     application for an oil or gas business; and providing for an                                                               
     effective date."                                                                                                           
                                                                                                                                
     (SCR 32 - title change resolution)                                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Nageak moved and asked unanimous consent to                                                                      
abstain from voting because of a conflict of interest.  Objection was                                                           
heard, and he was required to vote.                                                                                             
                                                                                                                                
Representative Millett moved that the House concur in the Senate                                                                
amendment to 2d CSHB 247(RLS) am, thus adopting SCS 2d CSHB                                                                     
247(FIN) am S, and recommended that the members vote yes.                                                                       
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to 2d CSHB 247(RLS) am?"  The roll was taken with the                                                                 
following result:                                                                                                               
                                                                                                                                
SCS 2d CSHB 247(FIN) am S                                                                                                       
Concur                                                                                                                          
                                                                                                                                
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                

2016-05-18                     House Journal                      Page 2950
Yeas:  Herron, Johnson, Keller, Lynn, Millett, Neuman, Olson, Pruitt,                                                           
Reinbold, Saddler, Tilton, Vazquez, Gattis, Chenault                                                                            
                                                                                                                                
Nays:  Hughes, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux,                                                               
Munoz, Nageak, Ortiz, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                                
Thompson, Tuck, Wilson, Wool, Colver, Drummond, Edgmon, Foster,                                                                 
Gara, Guttenberg                                                                                                                
                                                                                                                                
Excused:  Hawker, Claman                                                                                                        
                                                                                                                                
And so, the House failed to concur in the Senate amendment.                                                                     
                                                                                                                                
The Chief Clerk notified the Senate and respectfully requested it to                                                            
recede.                                                                                                                         
                                                                                                                                
In the event the Senate fails to recede from its amendment, the                                                                 
Speaker appointed the following members to a Conference Committee                                                               
to meet with a like committee from the Senate to consider the above                                                             
bills:                                                                                                                          
                                                                                                                                
     Representative Talerico, Chair                                                                                             
     Representative Olson                                                                                                       
     Representative Tarr                                                                                                        
                                                                                                                                
Representative Millett lifted the call.                                                                                         
                                                                                                                                
The House adjourned sine die.                                                                                                   
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      HOUSE BILLS IN THIRD READING                                                                           
                                                                                                                                
HB 379                                                                                                                        
The following, which was held in third reading from the May 17,                                                                 
2016, calendar (page 2935), was not considered:                                                                                 
                                                                                                                                
     CS FOR HOUSE BILL NO. 379(FIN)                                                                                             
     "An Act reducing or eliminating pay step increases and pay                                                                 
     increments for certain state employees; relating to collective                                                             
     bargaining agreements entered into by the state; and providing for                                                         
     an effective date."                                                                                                        

2016-05-18                     House Journal                      Page 2951
                      SENATE BILLS IN THIRD READING                                                                          
                                                                                                                                
SB 138                                                                                                                        
The following, which was held in third reading from the May 17,                                                                 
2016, calendar (page 2935), was not considered:                                                                                 
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 138(FIN)                                                                               
     "An Act making and amending appropriations, including capital                                                              
     appropriations, supplemental appropriations, reappropriations, and                                                         
     other appropriations; making appropriations to capitalize funds;                                                           
     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."                                                                                      
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Olson moved and asked unanimous consent that the                                                                 
House adjourn sine die (page 2950).  There being no objection, the                                                              
House of Representatives of the Twenty-Ninth Legislature of the State                                                           
of Alaska adjourned sine die at 11:55 p.m.                                                                                      
                                                                                                                                
                                               Crystaline Jones                                                                 
                                               Chief Clerk