Legislature(2015 - 2016)
2016-05-14 Senate Journal
Full Journal pdf2016-05-14 Senate Journal Page 2801 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-NINTH LEGISLATURE SECOND SESSION Juneau, Alaska Saturday May 14, 2016 One Hundred Seventeenth Day Pursuant to adjournment the Senate was called to order by President Meyer at 10:06 a.m. in the Terry Miller Legislative Office Building gymnasium. The roll showed twenty members present. The prayer was offered by the Chaplain, Romo Marasigan. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, Please grant us patience as we continue to seek what is right for our state. Give us open minds and let us love one another as you love us. Allow us to work through frustration and experience your peace. Amen. Senator MacKinnon led the Senate in the Pledge of Allegiance. Certification Senator Coghill moved and asked unanimous consent that the journal for the one hundred sixteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2016-05-14 Senate Journal Page 2802 Messages from the House Message dated May 13 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 247 2d CS FOR HOUSE BILL NO. 247(RLS) am BY THE HOUSE RULES COMMITTEE, entitled: "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." was read the first time and referred to the Finance Committee. 2016-05-14 Senate Journal Page 2803 Consideration of the Calendar Third Reading of Senate Bills SB 138 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; and providing for an effective date" was read the third time. Senator Gardner moved that the bill be returned to second reading for all amendments offered today. Without objection, the bill was returned to second reading. Senator Gardner offered Amendment No. 1 : Page 3, line 22: Delete "17,997,268" in both places. Insert "25,235,690" in both places. Page 3, following line 25: Insert new material to read: "ALLOCATIONS Kivalina K-12 7,238,422 Replacement School - Kasayulie (HD 40)" Adjust fund sources and totals accordingly. Page 33, lines 1 - 8: Delete all material. Renumber the following bill sections accordingly. Page 49, lines 26 - 27: Delete "secs. 14(2), 15, 17(b), 18, 20, 22, 24, 25, 26(d), 26(e), and 29" Insert "secs. 13(2), 14, 16(b), 17, 19, 21, 23, 24, 25(d), 25(e), and 28" 2016-05-14 Senate Journal Page 2804 Page 49, line 28: Delete "secs. 14(1), 26(a) - (c), 30, and 31" Insert "secs. 13(1), 25(a) - (c), 29, and 30" Page 50, line 1: Delete "Section 12" Insert "Section 11" Page 50, lines 2 - 3: Delete "secs. 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "secs. 15, 16(b), 17(a), 19, 20, 22, 23, 24(a), 24(b), 24(c), 25(a), 25(d), 25(e), and 26 - 29" Page 50, lines 3 - 4: Delete "secs. 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "secs. 15, 16(b), 17(a), 19, 20, 22, 23, 24(a), 24(b), 24(c), 25(a), 25(d), 25(e), and 26 - 29" Page 50, line 5 Delete "sec. 18(b)" Insert "sec. 17(b)" Page 50, line 9: Delete "sec. 22" Insert "sec. 21" Page 50, line 12: Delete "sec. 25(d)" Insert "sec. 24(d)" Page 50, line 15: Delete "11, 12, and 33" Insert "10, 11, and 32" Page 50, lines 17 - 18: Delete "Sections 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "Sections 15, 16(b), 17(a), 19, 20, 22, 23, 24(a), 24(b), 24(c), 25(a), 25(d), 25(e), and 26 - 29" 2016-05-14 Senate Journal Page 2805 Page 50, line 19: Delete "secs. 35 and 36" Insert "secs. 34 and 35" Senator Gardner moved for the adoption of Amendment No. 1. Senator MacKinnon objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 138(FIN) Second Reading - Amendment No. 1 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Olson, Wielechowski, Egan, Ellis, Gardner Nays: McGuire, Micciche, Stedman, Stevens, Stoltze, Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Meyer and so, Amendment No. 1 failed. Senator Wielechowski offered Amendment No. 2 : Page 33, Lines 1 - 8: Delete all material. Renumber the following bill sections accordingly. Page 49, lines 26 -27: Delete "secs. 14(2), 15, 17(b), 18, 20, 22, 24, 25, 26(d), 26(e), and 29" Insert "secs. 13(2), 14, 16(b), 17, 19, 21, 23, 24, 25(d), 25(e), and 28" Page 49, line 28: Delete "secs. 14(1), 26(a) - (c), 30, and 31" Insert "secs. 13(1), 25(a) - (c), 29, and 30" Page 50, line 1: Delete "Section 12" Insert "Section 11" 2016-05-14 Senate Journal Page 2806 Page 50, lines 2 - 3: Delete "secs. 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "secs. 15, 16(b), 17(a), 19, 20, 22, 23, 24(a), 24(b), 24(c), 25(a), 25(d), 25(e), and 26 - 29" Page 50, lines 3 - 4: Delete "secs. 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "secs. 15, 16(b), 17(a), 19, 20, 22, 23, 24(a), 24(b), 24(c), 25(a), 25(d), 25(e), and 26 - 29" Page 50, line 5: Delete "sec. 18(b) Insert "sec. 17(b) Page 50, line 9: Delete "sec. 22" Insert "sec. 21" Page 50, line 12: Delete "sec. 25(d)" Insert "sec. 24(d)" Page 50, line 15: Delete "11, 12, and 33" Insert "10, 11, 32" Page 50, lines 17 - 18: Delete "Sections 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 26(a), 26(d), 26(e), and 27 - 30" Insert "Sections 15, 16(b), 17(a), 19, 20, 22, 23, 24(a), 24(b), 25(a), 25(d), 26(e), and 26 - 29" Page 50, line 19: Delete "secs. 35 and 36" Insert "secs. 34 and 35" Senator Wielechowski moved for the adoption of Amendment No. 2. Senator MacKinnon objected. 2016-05-14 Senate Journal Page 2807 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 138(FIN) Second Reading - Amendment No. 2 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Olson, Wielechowski, Egan, Ellis, Gardner Nays: Micciche, Stedman, Stevens, Stoltze, Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer and so, Amendment No. 2 failed. Senator Wielechowski offered Amendment No. 3 : Page 24, lines 20 - 24: Delete all material. Adjust fund sources and totals accordingly. Senator Wielechowski moved for the adoption of Amendment No. 3. Senator MacKinnon objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 138(FIN) Second Reading - Amendment No. 3 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Stoltze, Wielechowski, Egan, Ellis Nays: Olson, Stedman, Stevens, Bishop, Coghill, Costello, Dunleavy, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Meyer and so, Amendment No. 3 failed. 2016-05-14 Senate Journal Page 2808 Senator Gardner offered Amendment No. 4 : Page 1, line 1: Delete "and amending" Insert ", amending, and lapsing" Page 49, following line 31: Insert a new subsection to read: "(d) The unexpended and unobligated general fund balances of the following appropriations lapse into the general fund on June 30, 2016: (1) sec. 1, ch. 82, SLA 2003, page 44, line 31, and allocated on page 49, lines 24 - 26 (Department of Transportation and Public Facilities, surface transportation program, Knik Arm Crossing environmental impact statement - $33,600,000); (2) sec. 1, ch. 18, SLA 2014, page 63, line 4, and allocated on page 63, lines 12 - 13 (Department of Transportation and Public Facilities, economic development, Knik Arm bridge project development - $55,000,000)." Page 50, lines 2 - 3: Delete "and 27 - 30" Insert "27 - 30, and 32(d)" Page 50, line 4: Delete "and 27 - 30" Insert "27 - 30, and 32(d)" Page 50, line 18: Delete "and 27 - 30" Insert "27 - 30, and 32(d)" Senator Gardner moved for the adoption of Amendment No. 4. Senator MacKinnon objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 138(FIN) Second Reading - Amendment No. 4 YEAS: 4 NAYS: 15 EXCUSED: 0 ABSENT: 1 2016-05-14 Senate Journal Page 2809 Yeas: Wielechowski, Egan, Ellis, Gardner Nays: Stedman, Stevens, Stoltze, Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Olson, Meyer Absent: Micciche and so, Amendment No. 4 failed. Senator Wielechowski offered Amendment No. 5 : Page 1, line 1: Delete "and amending" Insert ", amending, and lapsing" Page 49, following line 31: Insert a new subsection to read: "(d) The unexpended and unobligated balance, estimated to be $18,852,256, of the appropriation made in sec. 1, ch. 16, SLA 2013, page 12, lines 20 - 25 (Anchorage, U-Med district northern access - $20,000,000) lapses into the general fund on April 17, 2016." Page 50, lines 2 - 3: Delete "and 27 - 30" Insert "27 - 30, and 32(d)" Page 50, line 4: Delete "and 27 - 30" Insert "27 - 30, and 32(d)" Page 50, line 18: Delete "and 27 - 30" Insert "27 - 30, and 32(d)" Senator Wielechowski moved for the adoption of Amendment No. 5. Senator MacKinnon objected. 2016-05-14 Senate Journal Page 2810 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 138(FIN) Second Reading - Amendment No. 5 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Wielechowski, Egan, Ellis, Gardner Nays: Stevens, Stoltze, Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Meyer and so, Amendment No. 5 failed. Senator MacKinnon offered Amendment No. 6 : Page 35, following line 6: Insert a new bill section to read: "* Sec. 16. ALASKA COURT SYSTEM. The sum of $600,000 is appropriated from the general fund to the Alaska Court System for construction and remodel of unfinished space within the Rabinowitz Courthouse to create justice chambers." Renumber the following bill sections accordingly. Page 49, lines 26 - 27: Delete "17(b), 18, 20, 22, 24, 25, 26(d), 26(e), and 29" Insert "16, 18(b), 19, 21, 23, 25, 26, 27(d), 27(e), and 30" Page 49, line 28: Delete "26(a) - (c), 30, and 31" Insert "27(a) - (c), 31, and 32" Page 50, lines 2 - 3: Delete "secs. 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "secs. 17, 18(b), 19(a), 21, 22, 24, 25, 26(a), 26(b), 26(c), 27(a), 27(d), 27(e), and 28 - 31" 2016-05-14 Senate Journal Page 2811 Page 50, lines 3 - 4: Delete "secs. 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "secs. 17, 18(b), 19(a), 21, 22, 24, 25, 26(a), 26(b), 26(c), 27(a), 27(d), 27(e), and 28 - 31" Page 50, line 5: Delete "sec. 18(b)" Insert "sec. 19(b)" Page 50, line 9: Delete "sec. 22" Insert "sec. 23" Page 50, line 12: Delete "sec. 25(d)" Insert "sec. 26(d)" Page 50, line 15: Delete "33" Insert "34" Page 50, lines 17 - 18: Delete "Sections 16, 17(b), 18(a), 20, 21, 23, 24, 25(a), 25(b), 25(c), 26(a), 26(d), 26(e), and 27 - 30" Insert "Sections 17, 18(b), 19(a), 21, 22, 24, 25, 26(a), 26(b), 26(c), 27(a), 27(d), 27(e), and 28 - 31" Page 50, line 19: Delete "secs. 35 and 36" Insert "secs. 36 and 37" Senator MacKinnon moved for the adoption of Amendment No. 6. Senator Giessel objected. Senator MacKinnon moved and asked unanimous consent to withdraw Amendment No. 6. Without objection, Amendment No. 6 was withdrawn. CS FOR SENATE BILL NO. 138(FIN) was automatically in third reading. 2016-05-14 Senate Journal Page 2812 The question being: "Shall 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; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 138(FIN) Third Reading - Final Passage Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Stoltze, Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche, Olson, Stedman, Stevens, Meyer Nays: Wielechowski, Egan, Ellis, Gardner and so, CS FOR SENATE BILL NO. 138(FIN) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment SB 138 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; and providing for an effective date" was engrossed. 2016-05-14 Senate Journal Page 2813 Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 16, 2016. Without objection, the Senate adjourned at 12:31 p.m. Liz Clark Secretary of the Senate 2016-05-14 Senate Journal Page 2814 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled FINANCE May 14 Saturday Bill Ray Center 230 1:30 PM += HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G Department of Revenue Legislative Finance Division + Bills Previously Heard/Scheduled May 15 Sunday Bill Ray Center 230 9:00 AM += HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G -- Public Testimony -- 9:00 am - 11:00 am Please arrive 15 minutes prior to the end of the allotted time period or testimony will close early. If you are a member of a group with the same message, in the interest of time, please select a spokesperson to testify for the entire group. You may send your written testimony to the Senate Finance Committee via: finance.committee@akleg.gov + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL May 16 Monday Bill Ray Center 208 4:00 PM + Committee Business a. Anchorage Office Space b. Bill Ray Center Lease 2016-05-14 Senate Journal Page 2815 CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB256 AND HB257 May 14 Saturday Bill Ray Center 230 1:00 PM -- MEETING CANCELED -- -- Meeting Postponed until 3 PM -- += HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 257 APPROP: MENTAL HEALTH BUDGET May 15 Sunday Bill Ray Center 230 3:00 PM -- MEETING CANCELED -- += HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 257 APPROP: MENTAL HEALTH BUDGET May 16 Monday Bill Ray Center 230 1:00 PM += HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 257 APPROP: MENTAL HEALTH BUDGET May 17 Tuesday Bill Ray Center 230 1:00 PM += HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 257 APPROP: MENTAL HEALTH BUDGET ---------------------------------------- CONFERENCE COMMITTEE ON HB75 May 16 Monday Bill Ray Center 208 8:00 AM += HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT -- Testimony <Invitation Only> --