Legislature(2017 - 2018)
2017-10-06 Senate Journal
Full Journal pdf2017-10-06 Senate Journal Page 1587 SENATE JOURNAL ALASKA STATE LEGISLATURE THIRTIETH LEGISLATURE FIRST SESSION FIRST, SECOND AND THIRD SPECIAL SESSIONS Juneau, Alaska Friday October 6, 2017 First Supplement Enrollment SB 3 HOUSE CS FOR SENATE BILL NO. 3(TRA) "An Act relating to the regulation of wastewater discharge from small commercial passenger vessels in state waters; 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 2:50 p.m., July 31, 2017. SB 30 SENATE BILL NO. 30 "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Petro Star Inc.; 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 1:15 p.m., August 3, 2017. SB 33 SENATE BILL NO. 33 "An Act naming the state ferries built in Ketchikan and entering Alaska marine highway system service on or after 2017; 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 2:50 p.m., July 31, 2017. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in SENATE BILL NO. 33, which have been corrected in enrolling: 2017-10-06 Senate Journal Page 1588 Page 1, line 4: Delete "section" Insert "subsection" Page 1, line 5: Delete the second occurrence of "the" SB 83 CS FOR SENATE BILL NO. 83(HSS) am H "An Act relating to the protection of vulnerable adults and residents of long term care facilities" 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 2:50 p.m., July 31, 2017. SB 88 CS FOR SENATE BILL NO. 88(RES) "An Act authorizing a land exchange with the federal government in which certain Alaska mental health trust land is exchanged for certain national forest land and relating to the costs of the exchange; 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 2:50 p.m., July 31, 2017. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in CS FOR SENATE BILL NO. 88(RES), which have been corrected in enrolling: Page 1, line 8, following "or": Insert "a" Page 2, line 8, following "or": Insert "a" Page 2, line 18, following "or": Insert "a" Page 2, line 22, following "or": Insert "a" 2017-10-06 Senate Journal Page 1589 Page 2, line 24, following "or": Insert "a" Page 2, line 26, following "or": Insert "a" Page 3, line 2, following "or": Insert "a" Page 5, line 27, following "or": Insert "a" Page 8, line 7, following "or": Insert "a" Page 8, line 16, following "or": Insert "a" SCR 12 SENATE CONCURRENT RESOLUTION NO. 12 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 111, relating to the oil and gas production tax, tax payments, and credits; relating to interest applicable to delinquent oil and gas production tax; relating to carried- forward lease expenditures based on losses and limiting those lease expenditures to an amount equal to the gross value at the point of production of oil and gas produced from the lease or property where the lease expenditure was incurred; relating to information concerning tax credits, lease expenditures, and oil and gas taxes; relating to the disclosure of that information to the public; relating to an adjustment in the gross value at the point of production; and relating to a legislative working group, 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 2:30 p.m., July 28, 2017. Legislative Resolve No. 13 2017-10-06 Senate Journal Page 1590 SCR 202 SENATE CONCURRENT RESOLUTION NO. 202 Suspending Rules 47 and 55, Uniform Rules of the Alaska State Legislature, relating to the carry-over of bills from the First Regular Session and the First Special Session to the Second Special Session, concerning House Bill No. 111, 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 2:30 p.m., July 28, 2017. Legislative Resolve No. 14 Engrossment and Enrollment SB 23 FREE CONFERENCE CS FOR SENATE BILL NO. 23 "An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; 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 6:04 p.m., July 27, 2017. SR 201 SENATE RESOLUTION NO. 201 Supporting the ongoing review of and the gathering of information related to the state's oil and gas fiscal policy; and expressing an intention, in a good faith effort with the House of Representatives, to evaluate and act on the recommendations of the oil and gas fiscal policy experts recently retained by the Legislative Budget and Audit Committee, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:30 p.m., July 28, 2017. Senate Resolve No. 7 2017-10-06 Senate Journal Page 1591 Messages from the Governor A letter dated August 16 was received requesting legislative concurrence with the accompanying revised finance plans (as required by AS 26.23.020(k)(2)), for the following Disaster Declarations: 2017 Kotlik Fire 2013 October Kenai Flood 2013 Spring Flood 2015 December Wind Storm The letter and revised finance plans had been copied to the Finance Committee Cochairs. HB 103 Message was received stating the Governor signed the following bill on July 26 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 103(FIN) "An Act relating to the practice of optometry; and providing for an effective date." Chapter 17, SLA 2017 Effective Date: See Chapter HB 108 Message was received stating the Governor signed the following bill on August 2 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 108(JUD) "An Act adopting and relating to the Revised Uniform Fiduciary Access to Digital Assets Act; and relating to a specific electronic communications power that a principal may select for an agent under the statutory form power of attorney." Chapter 18, SLA 2017 Effective Date: 10/31/17 2017-10-06 Senate Journal Page 1592 SB 83 Message was received stating the Governor signed the following bill on August 2 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 83(HSS) am H "An Act relating to the protection of vulnerable adults and residents of long term care facilities." Chapter 19, SLA 2017 Effective Date: 10/31/17 SB 30 Message was received stating the Governor signed the following bill on August 7 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 30 "An Act approving and ratifying the sale of royalty oil by the State of Alaska to Petro Star Inc.; and providing for an effective date." Chapter 20, SLA 2017 Effective Date: 8/8/17 SB 3 Message was received stating the Governor signed the following bill on August 10 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR SENATE BILL NO. 3(TRA) "An Act relating to the regulation of wastewater discharge from small commercial passenger vessels in state waters; and providing for an effective date." Chapter 21, SLA 2017 Effective Date: 8/11/17 2017-10-06 Senate Journal Page 1593 SB 88 Message was received stating the Governor signed the following bill on August 10 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 88(RES) "An Act authorizing a land exchange with the federal government in which certain Alaska mental health trust land is exchanged for certain national forest land and relating to the costs of the exchange; and providing for an effective date." Chapter 22, SLA 2017 Effective Date: See Chapter SB 33 Message was received stating the Governor signed the following bill on August 10 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 33 "An Act naming the state ferries built in Ketchikan and entering Alaska marine highway system service on or after 2017; and providing for an effective date." Chapter 23, SLA 2017 Effective Date: 8/11/17 HB 141 Message was received stating the Governor signed the following bill on August 29 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 141(FIN) "An Act relating to allocations of funding for the Alaska Workforce Investment Board; and providing for an effective date." Chapter 24, SLA 2017 Effective Date: See Chapter 2017-10-06 Senate Journal Page 1594 HB 80 Message was received stating the Governor signed the following bill on September 7 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 80(FIN) "An Act adopting the Municipal Property Assessed Clean Energy Act; authorizing municipalities to establish programs to impose assessments for energy improvements in regions designated by municipalities; imposing fees; and providing for an effective date." Chapter 25, SLA 2017 Effective Date: 9/8/17 HB 111 Message was received stating the Governor signed the following bill on July 27 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 111 "An Act relating to credits against the oil and gas production tax; relating to the applicability of certain credits earned under the oil and gas production tax to the tax on corporations; relating to tax credit certificates against the oil and gas production tax and the issuance and assignment of those certificates; relating to interest applicable to delinquent taxes; relating to lease expenditures; relating to the oil and gas tax credit fund; relating to a legislative working group; and providing for an effective date." Chapter 3, SSSLA 2017 Effective Date: See Chapter 2017-10-06 Senate Journal Page 1595 SB 23 Message dated July 31 was received stating: On this date, I have signed the following bill passed during the third special session of the Thirtieth Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: FREE CONFERENCE CS FOR SENATE BILL NO. 23 "An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." Chapter 1, TSSLA 2017 [Effective Date: See Chapter] As passed by the Legislature, FCCS SB 23 contains a total of $1.4 billion, including $128 million in unrestricted general fund appropriations for FY2017 and FY2018. The bill prioritizes funding for projects that leverage federal and local dollars; housing and energy; and urgent state, school district, and university facilities maintenance. Spending must be taken in context of the fiscal deficit and remaining savings, given our difficult fiscal time. I commend the Legislature for limiting capital appropriations. The State of Alaska is at a critical juncture. The balance of the Constitutional Budget Reserve is projected to be just $2 billion by the end of FY2018. There will be insufficient savings to fund the FY2019 budget. I have not utilized my line item veto power on this piece of legislation. However, a long-term, sustainable fiscal plan is needed now. Our savings are all but gone, and our bond rating continues to fall. I will continue to work with the Legislature to act on revenue measures to bring closure to our fiscal crisis. Alaskans deserve a solution now. Sincerely, /s/ Bill Walker Governor 2017-10-06 Senate Journal Page 1596 Messages from the House SB 23 Message dated July 27 was received stating the House adopted the report of the Conference Committee with powers of free conference considering CS FOR SENATE BILL NO. 23(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 23(FIN) am H(brf sup maj fld H)(efd fld H), thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 23 "An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." The bill was referred to the Secretary for engrossment and enrollment. SCR 301 Message dated July 27 was received stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 301 Suspending Rules 47 and 55, Uniform Rules of the Alaska State Legislature, relating to the carry-over of bills from the First Regular Session and the First Special Session to the Third Special Session, concerning Senate Bill No. 23. The resolution was referred to the Secretary for enrollment. Communications Disclosure letters received from the Select Committee on Legislative Ethics, in accordance with AS 24.60, will be published in Senate Journal Supplement No. 7 and Senate and House Joint Journal Supplement No. 12. 2017-10-06 Senate Journal Page 1597 A letter dated September 18, from Senator Kevin Meyer, was received stating: Pursuant to AS 24.20.030(b), I resign my membership on the Legislative Council. The date that I filed for statewide public office was Thursday, September 7. I request that this date be considered my membership resignation. The following reports are on file in the Office of the Secretary of the Senate: Alaska Office of Victim's Rights Annual Report July 31, 2017 in accordance with AS 24.65.170 Alaska Gasline Development Corporation Semi-Monthly Report August 31, 2017 in accordance with Chapter 14, SLA 2014 Alaska Gasline Development Corporation Semi-Monthly Report September 15, 2017 in accordance with Chapter 14, SLA 2014 Alaska Gasline Development Corporation Semi-Monthly Report September 29, 2017 in accordance with Chapter 14, SLA 2014 State of Arizona House Concurrent Resolution No. 2010 Applying to the Congress of the United States to Call a Convention for Proposing Amendments to the Constitution of the United States State of Arizona House Concurrent Resolution No. 2013 Applying to the Congress of the United States to Call a Convention for Proposing an Amendment to the Constitution of the United States to Require that the Congress Adopt a Balanced Federal Budget 2017-10-06 Senate Journal Page 1598 State of Arizona House Concurrent Resolution No. 2022 Providing for the Selection and Instruction of Commissioners and for a Planning Convention Regarding an Article V Convention for Proposing an Amendment to the Constitution of the United States The following Budget and Audit Report was received from Kris Curtis, Legislative Auditor, in accordance with AS 24.20.311 and is on file in the Office of the Secretary of the Senate: State of Alaska, Single Audit Fiscal Year Ended June 30, 2016 Unfinished Business HB 111 A memo dated August 11 from President Kelly was received making the following appointment: Legislative Working Group on Oil and Gas Senator Giessel, Cochair (Chapter 3 SSSLA 17) A memo dated August 14 was received from President Kelly stating due to the resignation of Senator Stevens (in accordance with AS 24.20.171(b) and AS 24.20.030(b)) I have made the following appointments: Legislative Budget and Audit Committee Senator Stedman, Chair (AS 24.20.181) Legislative Council Senator Giessel (AS 24.20.040) A memo dated September 22 was received from President Kelly stating due to the resignation of Senator Meyer (in accordance with AS 24.20.030(b)) I have made the following appointment: 2017-10-06 Senate Journal Page 1599 Legislative Council Senator Coghill (AS 24.20.040) Memorandum dated September 15, from Gerald P. Luckhaupt, Revisor of Statutes, was received stating: AS 47.05.270(a)(5), (8), and (10) have taken effect today, September 15, 2017. Under sec. 61, ch. 25, SLA 2016, these paragraphs would only take effect if the Commissioner of Health and Social Services certifies to the revisor of statutes that the changes have been approved by the United States Department of Health and Human Services. Under secs. 62 - 64, ch. 25, SLA 2016, if the certification is made, AS 47.05.270(a)(5), (8), and (10) take effect the day after the certification is made. On September 14, 2017, I received this certification. Therefore, the effective date of AS 47.05.270(a)(5), (8), and (10) is September 15, 2017. Please publish this in the journal to provide notice of this effective date. This is the first supplement of the Senate Journal for the First Regular Session and the First, Second and Third Special Sessions of the Thirtieth Legislature. Liz Clark Secretary of the Senate