Legislature(2015 - 2016)

2016-05-17 Senate Journal

Full Journal pdf

2016-05-17                     Senate Journal                      Page 2821
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-NINTH LEGISLATURE                                                                          
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                     Tuesday                     May 17, 2016                                                   
                                                                                                                                
                          One Hundred Twentieth Day                                                                          
                                                                                                                                
                                                                                                                                
The Senate was called to order by President Meyer at 6:39 p.m. in the                                                           
Terry Miller Legislative Office Building gymnasium.                                                                             
                                                                                                                                
The roll showed nineteen members present. Senator Ellis was absent.                                                             
                                                                                                                                
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.                                                                                   
                                                                                                                                
              Blessed are they which do hunger and thirst after                                                                
            righteousness: for they shall be filled.                                                                            
                                                                                                                                
               Blessed are the merciful: for they shall obtain                                                                 
                         mercy.                Amen.                                                                           
            (Matthew 5:6-7)                                                                                                     
                                                                                                                                
Senator McGuire led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the journals                                                             
for the one hundred seventeenth through one hundred nineteenth                                                                  
legislative days be approved as certified by the Secretary. Without                                                             
objection, it was so ordered.                                                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                

2016-05-17                     Senate Journal                      Page 2822
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 247                                                                                                                        
The Finance Committee considered 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" and recommended it be replaced with                                                                             
                                                                                                                                
          SENATE CS FOR 2d CS FOR HOUSE BILL                                                                                    
          NO. 247(FIN) "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."                                                                                     
          (Title Change SCR 32)                                                                                                 
                                                                                                                                

2016-05-17                     Senate Journal                      Page 2823
Signing do pass: Senator MacKinnon, Cochair; Senators Hoffman,                                                                  
Micciche. Signing no recommendation: Senator Kelly, Cochair.                                                                    
Signing amend: Senators Bishop, Dunleavy, Olson.                                                                                
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 8, Department of Revenue                                                                                       
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 5, zero, Department of Natural Resources                                                                   
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
HB 75                                                                                                                         
The following report was received and distributed at 4:47 p.m.,                                                                 
May 16:                                                                                                                         
                                                                                                                                
                                                               May 16, 2016                                                     
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considered 2d SENATE CS FOR CS FOR                                                                     
HOUSE BILL NO. 75(RLS) and CS FOR HOUSE BILL                                                                                    
NO. 75(JUD) am and recommends                                                                                                   
                                                                                                                                
          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"                                                                  
                                                                                                                                
be adopted.                                                                                                                     
                                                                                                                                
                                                                                                                                

2016-05-17                     Senate Journal                      Page 2824
The following fiscal information was published today:                                                                           
 Fiscal Note No. 4, zero, Alaska Judiciary System                                                                               
 Fiscal Note No. 5, zero, Department of Commerce, Community                                                                     
  and Economic Development                                                                                                      
 Fiscal Note No. 6, zero, Department of Public Safety                                                                           
                                                                                                                                
Signing the report: Senator Bishop, Chair, Senators McGuire,                                                                    
Hoffman; Representative Tilton, Chair, Representatives Millett,                                                                 
Drummond.                                                                                                                       
                                                                                                                                
The report was held on the Secretary's desk.                                                                                    
                                                                                                                                
                                                                                                                                
                        Introduction 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                                                                      

2016-05-17                     Senate Journal                      Page 2825
          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 and held on the Secretary's desk.                                                                       
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 247                                                                                                                        
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" was read the second time.                                                                                
                                                                                                                                
Senator MacKinnon, Cochair, moved and asked unanimous consent                                                                   
for the adoption of the Finance Senate Committee Substitute offered                                                             
on page 2822. Senator Gardner objected, then withdrew her objection.                                                            
There being no further objection, SENATE CS FOR 2d CS FOR                                                                       
HOUSE BILL NO. 247(FIN) "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                                                                 

2016-05-17                     Senate Journal                      Page 2826
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" was                                                                
adopted.                                                                                                                        
                                                                                                                                
President Meyer stated SENATE CS FOR 2d CS FOR HOUSE BILL                                                                       
NO. 247(FIN) will advance to third reading on the May 18 calendar.                                                              
                                                                                                                                
                                                                                                                                
                          Special Order of Business                                                                          
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the                                                                      
following Citation Calendar be made a special order of business.                                                                
Without objection, it was so ordered.                                                                                           
                                                                                                                                
                              Citation Calendar                                                                              
                                                                                                                                
Honoring - Donald Erickson ASAA Hall of Fame                                                                                    
Senator(s) Olson, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                                
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Stedman, Stevens, Stoltze, Wielechowski                                                                               
Representative(s) Foster                                                                                                        
                                                                                                                                
Honoring - Nome Volunteer Fire Department Retirees                                                                              
Senator(s) Olson, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                                
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Stedman, Stevens, Stoltze, Wielechowski                                                                               
Representative(s) Foster                                                                                                        
                                                                                                                                
Honoring - Teagen Tanner and Helmets on Heads                                                                                   
Representative(s) Tilton, Hughes, Gattis, Neuman, Colver, Keller                                                                
Senator(s) Stoltze, Dunleavy, Huggins, Meyer, Bishop, Coghill,                                                                  
Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, MacKinnon,                                                             
McGuire, Micciche, Olson, Stedman, Stevens, Wielechowski                                                                        
                                                                                                                                
                                                                                                                                

2016-05-17                     Senate Journal                      Page 2827
Honoring - Alaska Military Youth Academy                                                                                        
Representative(s) LeDoux, Saddler                                                                                               
Senator(s) Wielechowski, MacKinnon, Meyer, Bishop, Coghill,                                                                     
Costello, Egan, Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly,                                                               
McGuire, Micciche, Olson, Stedman, Stevens, Stoltze                                                                             
                                                                                                                                
Honoring - Chad Bentz                                                                                                           
Representative(s) Colver, Munoz                                                                                                 
Senator(s) Egan, Meyer, Bishop, Coghill, Costello, Ellis, Gardner,                                                              
Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Micciche,                                                                 
Olson, Stedman, Stevens, Stoltze, Wielechowski                                                                                  
                                                                                                                                
In Memoriam - Dr. David A. McGuire                                                                                              
Senator(s) McGuire, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                              
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, Micciche,                                                                 
Olson, Stedman, Stevens, Stoltze, Wielechowski                                                                                  
                                                                                                                                
In Memoriam - John "Leo" Powell                                                                                                 
Senator(s) Stoltze, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                              
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Olson, Stedman, Stevens, Wielechowski                                                                                 
                                                                                                                                
In Memoriam - Lyle Von Bergen                                                                                                   
Senator(s) Dunleavy, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                             
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski                                                                        
                                                                                                                                
In Memoriam - Ben Esch                                                                                                          
Senator(s) Olson, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                                
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Stedman, Stevens, Stoltze, Wielechowski                                                                               
Representative(s) Foster                                                                                                        
                                                                                                                                
In Memoriam - Denny Amarok                                                                                                      
Senator(s) Olson, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                                
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Stedman, Stevens, Stoltze, Wielechowski                                                                               
Representative(s) Foster                                                                                                        
                                                                                                                                
                                                                                                                                

2016-05-17                     Senate Journal                      Page 2828
In Memoriam - Ryan Frederick Kauffman                                                                                           
Representative(s) Kreiss-Tompkins                                                                                               
Senator(s) Stedman, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                              
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Olson, Stevens, Wielechowski                                                                                          
                                                                                                                                
In Memoriam - Delores Calista Rose Espinosa Grumbling                                                                           
Representative(s) LeDoux                                                                                                        
Senator(s) Wielechowski, Meyer, Bishop, Coghill, Costello, Egan,                                                                
Ellis, Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon,                                                                    
McGuire, Micciche, Olson, Stedman, Stevens                                                                                      
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the citations                                                            
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the                                                                      
following citation be made a special order of business. Without                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
                          Special Order of Business                                                                          
                                                                                                                                
In Memoriam - Johnny Theodore Hawk                                                                                              
Representative(s) Herron                                                                                                        
Senator(s) Hoffman, Meyer, Bishop, Coghill, Costello, Egan, Ellis,                                                              
Gardner, Giessel, Huggins, Kelly, MacKinnon, McGuire, Micciche,                                                                 
Olson, Stedman, Stevens, Stoltze, Wielechowski                                                                                  
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the citation                                                             
be adopted. Without objection, the citation was adopted and referred to                                                         
the Secretary for transmittal.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
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                                                                  

2016-05-17                     Senate Journal                      Page 2829
providing for an effective date" which had been engrossed (page                                                                 
2812), was signed by the President and Secretary and transmitted to                                                             
the House for consideration on May 15.                                                                                          
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                  Enrollment                                                                                 
                                                                                                                                
SB 9                                                                                                                          
HOUSE CS FOR SENATE BILL NO. 9(STA) am H "An Act relating                                                                       
to the matching of identifying information a voter provides to the                                                              
division of elections with the records of the Department of                                                                     
Administration and the Department of Revenue; relating to the release                                                           
of certain confidential voter registration records; and relating to the                                                         
material a political party may include in the general election pamphlet;                                                        
and providing for an effective date" was enrolled, signed by the                                                                
President and Secretary, Speaker and Chief Clerk and the engrossed                                                              
and enrolled copies transmitted to the Office of the Governor at 4:11                                                           
p.m., May 16, 2016.                                                                                                             
                                                                                                                                
Memorandum from the Division of Legal and Research Services,                                                                    
Legislative Affairs Agency, reporting the following manifest error in                                                           
HOUSE CS FOR SENATE BILL NO. 9(STA) am H, which has been                                                                        
corrected in enrolling:                                                                                                         
                                                                                                                                
Page 2, line 27:                                                                                                                
          Delete "of Alaska"                                                                                                
                                                                                                                                
SB 154                                                                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 154(STA) "An Act                                                                            
relating to special registration plates commemorating the Blood Bank                                                            
of Alaska; relating to special request registration plates celebrating the                                                      
arts; and relating to the Alaska State Council on the Arts" was                                                                 
enrolled, signed by the President and Secretary, Speaker and Chief                                                              
Clerk and the engrossed and enrolled copies transmitted to the Office                                                           
of the Governor at 4:11 p.m., May 16, 2016.                                                                                     

2016-05-17                     Senate Journal                      Page 2830
Memorandum from the Division of Legal and Research Services,                                                                    
Legislative Affairs Agency, reporting the following manifest error in                                                           
HOUSE CS FOR CS FOR SENATE BILL NO. 154(STA), which has                                                                         
been corrected in enrolling:                                                                                                    
                                                                                                                                
Page 2, line 31:                                                                                                                
          Delete "Sec. 44.27.070"                                                                                             
          Insert "Sec. 44.27.080"                                                                                             
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 9:00 a.m., May 18, 2016. Without                                                                     
objection, the Senate adjourned at 6:54 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2016-05-17                     Senate Journal                      Page 2831
                                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 17        Tuesday                   Bill Ray Center 230           9:00 AM                                                 
+= HB 247 TAX;CREDITS;INTEREST;REFUNDS;O & G                                                                                    
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 18        Wednesday                 Bill Ray Center 230           1:00 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                   CONFERENCE COMMITTEE ON HB256 AND HB257                                                                   
                                                                                                                                
May 17        Tuesday                   Bill Ray Center 230           1:00 PM                                                 
              -- Recessed to May 18th to a Call of the Chair --                                                                 
+= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 257 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
May 18        Wednesday                 Bill Ray Center 230         Time TBA                                                  
              -- Meeting Recessed from May 17th --                                                                              
              -- To Convene at the Call of the Chair --                                                                         
= HB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB 257 APPROP: MENTAL HEALTH BUDGET