Legislature(2021 - 2022)

2022-05-03 House Journal

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2022-05-03                     House Journal                      Page 2743
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        THIRTY-SECOND LEGISLATURE                                                                            
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska Tuesday May 3, 2022                                                                                            
                                                                                                                                
                          One Hundred Sixth Day                                                                            
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Stutes at 11:24 a.m.                                                                                                            
                                                                                                                                
Roll call showed 38 members present.  Representative Kreiss-Tomkins                                                             
was absent, and his presence was noted later.                                                                                   
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following member be excused from a call of the House.  There being                                                              
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Snyder – from today to 9:00 a.m., May 9                                                                          
                                                                                                                                
The invocation was offered by the Chaplain, Reverend Caroline                                                                   
Malseed of St. Brendan's Episcopal Church.  Representative                                                                      
Thompson moved and asked unanimous consent that the invocation be                                                               
spread on the journal.  There being no objection, it was so ordered.                                                            
                                                                                                                                
    O Lord our Governor,                                                                                                        
       Bless the leaders of our State, that we may be a people at                                                              
        peace among ourselves and a blessing to other states and                                                               
    nations of the earth.                                                                                                       
                                                                                                                                
    To senators and representatives, and those who make our laws                                                                
    in states, cities, and towns, give courage, wisdom, and                                                                     
    foresight to provide for the needs of all our people, and to                                                                
    fulfill our obligations in the community of nations.                                                                        
                                                                                                                                

2022-05-03                     House Journal                      Page 2744
    And finally, teach our people to rely on your strength and to                                                               
    accept their responsibilities to their fellow citizens, that they                                                           
    may elect trustworthy leaders and make wise decisions for the                                                               
    well-being of our society; that we may serve you faithfully in                                                              
    our generation and honor you by all the names by which you                                                                  
    are known to us. Amen.                                                                                                      
                                                                                                                                
The Pledge of Allegiance was led by Representative Josephson.                                                                   
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 105th legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
HB 85                                                                                                                         
A message dated May 2 was read stating the Senate passed                                                                        
CSHB 85(L&C) with the following amendment, and it is transmitted                                                                
for consideration:                                                                                                              
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 85(L&C)                                                                                 
    "An Act relating to the Alaska Banking Code; relating to mutual                                                             
    savings banks; relating to interstate state banks and international                                                         
    banks; relating to the pledging of bank assets as collateral security                                                       
    to tribal organizations; relating to the pledging of bank assets for                                                        
    interest swap agreements; relating to state business licenses;                                                              
    relating to persons who make loans secured by interests in vessels                                                          
    or facilities; relating to liability for the release or threatened                                                          
    release of hazardous substances; relating to the Model Foreign                                                              
    Bank Loan Act; and providing for an effective date."                                                                        
                                                                                                                                
CSHB 85(L&C) is under Unfinished Business.                                                                                      
                                                                                                                                
SB 33                                                                                                                         
A message dated May 2 was read stating the Senate concurred in the                                                              
House amendment to CSSB 33(FIN), thus adopting:                                                                                 
                                                                                                                                
                                                                                                                                

2022-05-03                     House Journal                      Page 2745
    HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN)                                                                                 
    "An Act relating to a fisheries product development tax credit; and                                                         
    providing for an effective date."                                                                                           
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
The Labor & Commerce Committee reviewed the qualifications of the                                                               
following and recommends the appointments be forwarded to a joint                                                               
session for consideration:                                                                                                      
                                                                                                                                
                               Julie Sande                                                                                     
                                                                                                                                
as the Commissioner of the Department of Commerce, Community, &                                                                 
Economic Development.                                                                                                           
                                                                                                                                
                            Elizabeth Stuart                                                                                   
                                                                                                                                
as a member of the Alaska State Board of Public Accountancy.                                                                    
                                                                                                                                
                               Janice Hill                                                                                     
                              Douglas Moore                                                                                    
                                                                                                                                
as members of the Alcoholic Beverage Control Board.                                                                             
                                                                                                                                
                               Brent Cole                                                                                      
                             Sterling Strait                                                                                   
                                                                                                                                
as members of the State Board of Registration for Architects,                                                                   
Engineers, and Land Surveyors.                                                                                                  
                                                                                                                                
                             Walter Campbell                                                                                   
                                                                                                                                
as a member of the Board of Chiropractic Examiners.                                                                             
                                                                                                                                
                             Dominic Wenzell                                                                                   
                                                                                                                                
as a member of the Board of Dental Examiners.                                                                                   
                                                                                                                                
                             Paula Harrison                                                                                    
                                                                                                                                
as a member of the Alaska Labor Relations Agency.                                                                               

2022-05-03                     House Journal                      Page 2746
                                Ely Cyrus                                                                                      
                               Eliza Muse                                                                                      
                              Bruce Schulte                                                                                    
                                                                                                                                
as members of the Marijuana Control Board.                                                                                      
                                                                                                                                
                         Tristian Monterastelli                                                                                
                                                                                                                                
as a member of the Board of Marital and Family Therapy.                                                                         
                                                                                                                                
                              Amanda Nosich                                                                                    
                               Kelli Shew                                                                                      
                                                                                                                                
as members of the Board of Massage Therapists.                                                                                  
                                                                                                                                
                            Hannah St. George                                                                                  
                                                                                                                                
as a member of the Board of Certified Direct-Entry Midwives.                                                                    
                                                                                                                                
                              Lena Lafferty                                                                                    
                               Jody Miller                                                                                     
                                                                                                                                
as members of the Board of Nursing.                                                                                             
                                                                                                                                
                              Kathleen Rice                                                                                    
                                                                                                                                
as a member of the Board of Examiners in Optometry.                                                                             
                                                                                                                                
                               Ramsey Bell                                                                                     
                             Ashley Schaber                                                                                    
                                                                                                                                
as members of the Board of Pharmacy.                                                                                            
                                                                                                                                
                              Valery Kudryn                                                                                    
                                                                                                                                
as a member of the Board of Certified Real Estate Appraisers.                                                                   
                                                                                                                                
                               Chad Stigen                                                                                     
                              Devon Thomas                                                                                     
                                                                                                                                
as members of the Real Estate Commission.                                                                                       

2022-05-03                     House Journal                      Page 2747
                              Gabriel King                                                                                     
                             Sharon Woodward                                                                                   
                                                                                                                                
as members of the Board of Social Work Examiners.                                                                               
                                                                                                                                
                              Ciara Vallaro                                                                                    
                                                                                                                                
as a member of the Board of Veterinary Examiners.                                                                               
                                                                                                                                
                            Stephen Hagedorn                                                                                   
                                                                                                                                
as a member of the Workers' Compensation Appeals Commission.                                                                    
                                                                                                                                
                             Bradley Austin                                                                                    
                              Matthew Barth                                                                                    
                               Randy Beltz                                                                                     
                            Christopher Dean                                                                                   
                             Micheal Dennis                                                                                    
                              Sara Faulkner                                                                                    
                             Sarah LeFebvre                                                                                    
                                                                                                                                
as members of the Alaska Workers' Compensation Board.                                                                           
                                                                                                                                
The report was signed by Representatives Fields and Spohnholz, Co-                                                              
chairs; and Representatives Kaufman, Schrage, McCarty, and Snyder.                                                              
                                                                                                                                
HB 382                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 382                                                                                                          
     "An Act relating to insurance coverage for pharmacy services."                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 382(HSS)                                                                                              
    (Same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Fields and Spohnholz, Co-                                                              
chairs, with the following individual recommendations:                                                                          
                                                                                                                                

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Do pass (4):  Schrage, Snyder, Fields, Spohnholz                                                                                
                                                                                                                                
Amend (3):  Kaufman, McCarty, Nelson                                                                                            
                                                                                                                                
The following fiscal note(s) apply to CSHB 382(HSS):                                                                            
                                                                                                                                
1.  Zero, Dept. of Health & Social Services/Dept. of Health                                                                     
2.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 382 was referred to the Rules Committee.                                                                                     
                                                                                                                                
HB 413                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 413                                                                                                          
    "An Act relating to facilities constituting a school; and providing                                                         
    for an effective date."                                                                                                     
                                                                                                                                
The report was signed by Representatives Merrick and Foster, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  LeBon, Carpenter, Josephson, Foster                                                                               
                                                                                                                                
No recommendation (6):  Thompson, Johnson, Wool, Rasmussen,                                                                     
Edgmon, Merrick                                                                                                                 
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1. Zero, Dept. of Education & Early Development                                                                                 
2. Fiscal, Dept. of Education & Early Development/Fund                                                                          
 Capitalization                                                                                                                 
                                                                                                                                
HB 413 was referred to the Rules Committee.                                                                                     
                                                                                                                                
SB 204                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
    CS FOR SENATE BILL NO. 204(RES)                                                                                             
    "An Act relating to auctions or raffles for hunting harvest permits                                                         
    and big game tags; and providing for an effective date."                                                                    

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The report was signed by Representative Patkotak, Chair, with the                                                               
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  McKay, Cronk, Gillham                                                                                             
                                                                                                                                
No recommendation (4):  Hopkins, Hannan, Schrage, Patkotak                                                                      
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Indeterminate, Dept. of Fish & Game                                                                                         
                                                                                                                                
CSSB 204(RES) was referred to the Finance Committee.                                                                            
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citation was introduced and taken up later as a Special                                                           
Order of Business:                                                                                                              
                                                                                                                                
In Memoriam - Nicky Myers                                                                                                       
By Representative Foster; Senator Olson                                                                                         
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
In Memoriam - Glenn Clayton Dick                                                                                                
By Representative Stutes; Senator Stevens                                                                                       
                                                                                                                                
In Memoriam - Barry Matteson                                                                                                    
By Representative Shaw; Senator Costello                                                                                        
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 104                                                                                                                        
The following, which was held from the May 2 calendar (page 2733),                                                              
was read the second time:                                                                                                       
                                                                                                                                
    HOUSE BILL NO. 104                                                                                                          
    "An Act relating to vehicle registration and registration fees;                                                             
    relating to the motor fuel tax; and providing for an effective date."                                                       

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with the: Journal Page                                                                                                          
                                                                                                                                
 TRA RPT 3DP 3DNP 1NR 348                                                                                                       
 FN1: ZERO(DEC) 348                                                                                                             
 FN2: ZERO(DOT) 348                                                                                                             
 FN3: (ADM) 348                                                                                                                 
 FN4: (REV) 348                                                                                                                 
 FIN RPT CS(FIN) NEW TITLE 3DP 5NR 2073                                                                                         
 FN5: ZERO(DEC) 2073                                                                                                            
 FN6: (GOV/FUND TRANSFERS) 2073                                                                                                 
 FN7: (REV) 2073                                                                                                                
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 104(FIN)                                                                                              
    "An Act relating to the refined fuel surcharge; and providing for                                                           
    an effective date."                                                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
**The presence of Representative Kreiss-Tomkins was noted.                                                                      
                                                                                                                                
Amendment No. 1 was offered  by Representative Merrick:                                                                          
                                                                                                                                
Page 1, line 1, following "surcharge;" (title amendment):                                                                     
    Insert "suspending the tax on motor fuel;"                                                                                
                                                                                                                                
Page 1, following line 5:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Sec. 2. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
    SUSPENSION OF TAX ON MOTOR FUEL. Notwithstanding                                                                            
AS 43.40.010(a) and (b), the taxes levied under AS 43.40.010(a) and                                                             
(b) are suspended beginning the first day of the month following the                                                            
effective date of this section and ending June 30, 2023. During the                                                             
suspension, the Department of Revenue or a dealer that sells or                                                                 
otherwise transfers fuel in the state may not collect the taxes                                                                 
suspended under this section. During the suspension, a dealer or user                                                           
of refined fuel shall reduce the cost of fuel to the final consumer by an                                                       

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amount equal to the amount of the tax suspended under this section.                                                             
This section does not apply to a payment of tax, interest, or a penalty                                                         
due before the suspension takes effect.                                                                                         
   * Sec. 3. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
    TRANSITION: REGULATIONS AND RETROACTIVITY OF                                                                                
REGULATIONS. The Department of Revenue may adopt regulations                                                                    
under AS 44.62 necessary to implement this Act. Notwithstanding                                                                 
AS 44.62.240, the Department of Revenue may adopt a regulation to                                                               
implement sec. 2 of this Act that applies retroactively. A regulation                                                           
adopted by the Department of Revenue to implement sec. 2 of this Act                                                            
applies retroactively to the effective date of sec. 2 of this Act.                                                              
   * Sec. 4. Sections 2 and 3 of this Act take effect immediately under                                                       
AS 01.10.070(c)."                                                                                                               
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 1, line 6:                                                                                                                 
    Delete "This"                                                                                                               
    Insert "Except as provided in sec. 4 of this Act, this"                                                                     
                                                                                                                                
Representative Merrick moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and removed. There being no further objection,                                                              
Amendment No. 1 was adopted and the new title follows:                                                                          
                                                                                                                                
    CS FOR HOUSE BILL NO. 104(FIN) am                                                                                           
    "An Act relating to the refined fuel surcharge; suspending the tax                                                          
    on motor fuel; and providing for an effective date."                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Wool:                                                                             
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
    Following "Act":                                                                                                          
         Insert "relating to vehicle registration and registration                                                            
    fees; relating to the motor fuel tax;"                                                                                    
    Following "surcharge;":                                                                                                   
         Insert "temporarily suspending the tax on motor fuel;"                                                               
                                                                                                                                

2022-05-03                     House Journal                      Page 2752
Page 1, following line 2:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Section 1. AS 28.10.155(a) is amended to read:                                                                             
         (a)  Except as provided in (c) of this section, the [THE]                                                          
    owner of a motor vehicle [, OTHER THAN A COMMERCIAL                                                                         
    MOTOR VEHICLE,] that is required to be registered under this                                                                
    chapter may elect to register the motor vehicle permanently in lieu                                                         
    of registration under AS 28.10.108 if the vehicle is at least eight                                                         
    years old and the owner resides in the unorganized borough or in a                                                          
    municipality that elects, by passage of an appropriate ordinance, to                                                        
    allow the permanent registration of motor vehicles. The permanent                                                           
    registration expires when the owner transfers or assigns the                                                                
    owner's title or interest in the vehicle. A permanent registration                                                          
    may not be renewed. On receiving the proper application and fees,                                                           
    the department shall issue to the registered owner registration                                                             
    plates, tabs, and a permanent registration form.                                                                            
   * Sec. 2. AS 28.10.155 is amended by adding new subsections to                                                             
read:                                                                                                                           
         (c)  The following vehicles are not eligible for permanent                                                             
    registration under (a) of this section:                                                                                     
             (1)  commercial motor vehicles;                                                                                    
             (2)  electric vehicles;                                                                                            
             (3)  plug-in hybrid vehicles;                                                                                      
             (4)  vehicles powered by an alternative fuel and                                                                   
    manufactured primarily for use on public roads.                                                                             
         (d)  In this section,                                                                                                  
             (1)  "alternative fuel" includes hydrogen and natural gas;                                                         
             (2)  "electric vehicle" and "plug-in hybrid vehicle" have                                                          
    the meanings given in AS 28.10.421(k).                                                                                      
   * Sec. 3. AS 28.10.421 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (k)  In addition to the other fees imposed under this section,                                                         
    the owner of an electric vehicle shall pay a special biennial                                                               
    registration fee of $100, the owner of a vehicle powered by                                                                 
    alternative fuel shall pay a special biennial registration fee of                                                           
    $100, and the owner of a plug-in hybrid vehicle shall pay a special                                                         
    biennial registration fee of $50. Fees collected under this                                                                 
    subsection shall be deposited in the special highway fuel tax                                                               
    account described in AS 43.40.010(g). In this subsection,                                                                   
             (1)  "alternative fuel" includes hydrogen and natural gas;                                                         

2022-05-03                     House Journal                      Page 2753
             (2)  "electric vehicle" means a vehicle that is                                                                   
                  (A)  powered solely by an electric motor drawing                                                              
         current from rechargeable batteries, fuel cells, or other                                                              
         portable sources of electrical current; and                                                                            
                  (B)  manufactured primarily for use on public streets,                                                        
         roads, and highways;                                                                                                   
             (3)  "plug-in hybrid vehicle" means a vehicle that is                                                              
                  (A)  capable of using gasoline, diesel fuel, or                                                               
         alternative fuel, and is powered in part by electrical energy                                                          
         using a battery storage system capable of being recharged                                                              
         from an external source of electricity; and                                                                            
                  (B)  manufactured primarily for use on public streets,                                                        
         roads, and highways.                                                                                                   
   * Sec. 4. AS 28.35.155(a) is amended to read:                                                                              
         (a)  It is unlawful to operate a motor vehicle with studded tires                                                      
    or tires with chains attached on a paved highway or road from                                                               
    May 1 through September 15, inclusive, north of 60 North                                                                    
    Latitude and from April 15 through September 30, inclusive,                                                                 
    south of 60 North Latitude, except that at any latitude on a paved                                                          
    portion of the Sterling Highway a person may not operate a motor                                                            
    vehicle with studded tires or tires with chains attached from May 1                                                         
    through September 15, inclusive. The commissioner of public                                                                 
    safety shall by emergency order provide for additional lawful                                                               
    operating periods based on unusual seasonal or weather                                                                      
    conditions. An emergency order adopted under this section is not                                                            
    subject to AS 44.62 (Administrative Procedure Act). Upon                                                                    
    application, a special individual traction permit may be issued by                                                          
    the Department of Administration allowing the operation of a                                                                
    motor vehicle with studded tires or chains at any time at the                                                               
    discretion of the vehicle owner. The fee for the special individual                                                         
    permit is one-third of the biennial registration fee applicable to                                                          
    that class of vehicle under AS 28.10.421(b), (c), or (h)                                                                
    [AS 28.10.421]. The department may provide an appropriate                                                                   
    sticker or other device identifying the vehicle to which the permit                                                         
    applies."                                                                                                                   
                                                                                                                                
Page 1, line 3:                                                                                                                 
    Delete "Section 1"                                                                                                        
    Insert "Sec. 5"                                                                                                           
                                                                                                                                

2022-05-03                     House Journal                      Page 2754
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 1, following line 5:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Sec. 6. AS 43.40.010(a) is amended to read:                                                                                
         (a)  In addition to the surcharge levied under AS 43.40.005,                                                           
    there is levied a tax of 16 [EIGHT] cents a gallon on all motor fuel                                                    
    sold or otherwise transferred within the state, except that                                                                 
             (1)  the tax on aviation gasoline is four and seven-tenths                                                         
    cents a gallon;                                                                                                             
             (2)  the tax on motor fuel used in and on watercraft of all                                                        
    descriptions is 10 [FIVE] cents a gallon;                                                                               
             (3)  the tax on all aviation fuel other than gasoline is three                                                     
    and two-tenths cents a gallon; and                                                                                          
             (4)  the tax rate on motor fuel that is blended with alcohol                                                       
    is the same tax rate a gallon as other motor fuel; however, in an                                                           
    area and during the months in which fuel containing alcohol is                                                              
    required to be sold, transferred, or used in an effort to attain air                                                        
    quality standards for carbon monoxide as required by federal or                                                             
    state law or regulation, the tax rate on motor fuel that is blended                                                         
    with alcohol is six cents a gallon less than the tax on other motor                                                         
    fuel not described in (1) - (3) of this subsection.                                                                         
   * Sec. 7. AS 43.40.010(b) is amended to read:                                                                              
         (b)  In addition to the surcharge levied under AS 43.40.005,                                                           
    there is levied a tax of 16 [EIGHT] cents a gallon on all motor fuel                                                    
    consumed by a user, except that                                                                                             
             (1)  the tax on aviation gasoline consumed is four and                                                             
    seven-tenths cents a gallon;                                                                                                
             (2)  the tax on motor fuel used in and on watercraft of all                                                        
    descriptions is 10 [FIVE] cents a gallon;                                                                               
             (3)  the tax on all aviation fuel other than gasoline is three                                                     
    and two-tenths cents a gallon; and                                                                                          
             (4)  the tax rate on motor fuel that is blended with alcohol                                                       
    is the same tax rate a gallon as other motor fuel; however, in an                                                           
    area and during the months in which fuel containing alcohol is                                                              
    required to be sold, transferred, or used in an effort to attain air                                                        
    quality standards for carbon monoxide as required by federal or                                                             
    state law or regulation, the tax rate on motor fuel that is blended                                                         
    with alcohol is six cents a gallon less than the tax on other motor                                                         
    fuel not described in (1) - (3) of this subsection.                                                                         

2022-05-03                     House Journal                      Page 2755
   * Sec. 8. AS 43.40.030(a) is amended to read:                                                                              
         (a)  Except as specified in AS 43.40.010(j), a person who uses                                                         
    motor fuel to operate                                                                                                       
             (1)  an internal combustion engine is entitled to a motor                                                      
    fuel tax refund of 12 [SIX] cents a gallon if                                                                           
                  (A) [(1)]  the tax on the motor fuel has been paid;                                                       
                  (B) [(2)]  the motor fuel is not aviation fuel, or motor                                                  
         fuel used in or on watercraft; and                                                                                     
                  (C) [(3)]  the internal combustion engine is not used                                                     
         in or in conjunction with a motor vehicle licensed to be                                                               
         operated on public ways; or                                                                                        
             (2)  a watercraft licensed under AS 16.05.490 or                                                               
    16.05.530 and used for commercial fishing is entitled to a                                                              
    motor fuel tax refund of five cents a gallon if the tax on the                                                          
    motor fuel has been paid.                                                                                               
   * Sec. 9. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
    SUSPENSION OF TAX ON MOTOR FUEL. Notwithstanding                                                                            
AS 43.40.010(a) and (b), the taxes levied under AS 43.40.010(a) and                                                             
(b) are suspended beginning the first day of the month following the                                                            
effective date of this section and ending July 1, 2023. During the                                                              
suspension, the Department of Revenue or a dealer that sells or                                                                 
otherwise transfers fuel in the state may not collect the taxes                                                                 
suspended under this section. This section does not apply to a payment                                                          
of tax, interest, or a penalty due before the suspension takes effect.                                                          
   * Sec. 10. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
    TRANSITION: REGULATIONS AND RETROACTIVITY OF                                                                                
REGULATIONS. The Department of Revenue may adopt regulations                                                                    
under AS 44.62 necessary to implement this Act. Notwithstanding                                                                 
AS 44.62.240, the Department of Revenue may adopt a regulation to                                                               
implement sec. 9 of this Act that applies retroactively. A regulation                                                           
adopted by the Department of Revenue to implement sec. 9 of this Act                                                            
applies retroactively to the effective date of sec. 9 of this Act.                                                              
   * Sec. 11. Sections 9 and 10 of this Act take effect immediately                                                           
under AS 01.10.070(c)."                                                                                                         
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
                                                                                                                                

2022-05-03                     House Journal                      Page 2756
Page 1, line 6:                                                                                                                 
    Delete "This"                                                                                                               
    Insert "Section 5 of this"                                                                                                  
                                                                                                                                
Page 1, following line 6:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 13. Except as provided in secs. 11 and 12 of this Act, this                                                           
Act takes effect July 1, 2023."                                                                                                 
                                                                                                                                
Representative Wool moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative McCabe objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 104(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson,                                                                    
Kreiss-Tomkins, Ortiz, Schrage, Spohnholz, Story, Tarr, Wool,                                                                   
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Carpenter, Claman, Cronk, Eastman, Foster, Gillham, Johnson,                                                             
Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Merrick,                                                                         
Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Stutes,                                                                      
Thompson, Tilton, Tuck, Vance                                                                                                   
                                                                                                                                
Excused:  Snyder                                                                                                                
                                                                                                                                
Story changed from "NAY" to "YEA"                                                                                               
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representatives Tarr, Drummond,                                                                  
Josephson, and Schrage:                                                                                                         
                                                                                                                                
Page 1, line 1, following "surcharge" (title amendment):                                                                      
    Insert "and the motor fuel tax"                                                                                           
                                                                                                                                

2022-05-03                     House Journal                      Page 2757
Page 1, following line 5:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Sec. 2. AS 43.40.010(a) is amended to read:                                                                                
         (a)  In addition to the surcharge levied under AS 43.40.005,                                                           
    there is levied a tax of 10 [EIGHT] cents a gallon on all motor fuel                                                    
    sold or otherwise transferred within the state, except that                                                                 
             (1)  the tax on aviation gasoline is four and seven-tenths                                                         
    cents a gallon;                                                                                                             
             (2)  the tax on motor fuel used in and on watercraft of all                                                        
    descriptions is seven [FIVE] cents a gallon;                                                                            
             (3)  the tax on all aviation fuel other than gasoline is three                                                     
    and two-tenths cents a gallon; and                                                                                          
             (4)  the tax rate on motor fuel that is blended with alcohol                                                       
    is the same tax rate a gallon as other motor fuel; however, in an                                                           
    area and during the months in which fuel containing alcohol is                                                              
    required to be sold, transferred, or used in an effort to attain air                                                        
    quality standards for carbon monoxide as required by federal or                                                             
    state law or regulation, the tax rate on motor fuel that is blended                                                         
    with alcohol is six cents a gallon less than the tax on other motor                                                         
    fuel not described in (1) - (3) of this subsection.                                                                         
   * Sec. 3. AS 43.40.010(b) is amended to read:                                                                              
         (b)  In addition to the surcharge levied under AS 43.40.005,                                                           
    there is levied a tax of 10 [EIGHT] cents a gallon on all motor fuel                                                    
    consumed by a user, except that                                                                                             
             (1)  the tax on aviation gasoline consumed is four and                                                             
    seven-tenths cents a gallon;                                                                                                
             (2)  the tax on motor fuel used in and on watercraft of all                                                        
    descriptions is seven [FIVE] cents a gallon;                                                                            
             (3)  the tax on all aviation fuel other than gasoline is three                                                     
    and two-tenths cents a gallon; and                                                                                          
             (4)  the tax rate on motor fuel that is blended with alcohol                                                       
    is the same tax rate a gallon as other motor fuel; however, in an                                                           
    area and during the months in which fuel containing alcohol is                                                              
    required to be sold, transferred, or used in an effort to attain air                                                        
    quality standards for carbon monoxide as required by federal or                                                             
    state law or regulation, the tax rate on motor fuel that is blended                                                         
    with alcohol is six cents a gallon less than the tax on other motor                                                         
    fuel not described in (1) - (3) of this subsection."                                                                        
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                

2022-05-03                     House Journal                      Page 2758
Page 1, line 6:                                                                                                                 
    Delete "This"                                                                                                               
    Insert "Section 1 of this"                                                                                                  
                                                                                                                                
Page 1, following line 6:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 5. Sections 2 and 3 of this Act take effect January 1, 2024."                                                         
                                                                                                                                
Representative Tarr moved and asked unanimous consent that                                                                      
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative McCabe objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 104(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Drummond, Edgmon, Fields, Hannan, Josephson,                                                                             
Kreiss-Tomkins, Ortiz, Schrage, Spohnholz, Story, Tarr, Tuck, Wool,                                                             
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Carpenter, Claman, Cronk, Eastman, Foster, Gillham, Hopkins,                                                             
Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay,                                                                         
Merrick, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Stutes,                                                             
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Excused:  Snyder                                                                                                                
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representatives Kurka and                                                                        
Eastman:                                                                                                                        
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
 Delete "relating to the refined fuel surcharge;"                                                                             
                                                                                                                                
Page 1, lines 3-5:                                                                                                              
 Delete all material.                                                                                                           

2022-05-03                     House Journal                      Page 2759
Representative Kurka moved and asked unanimous consent that                                                                     
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 104(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  8   NAYS:  31   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillham, Johnson, Kaufman, Kurka,                                                                    
Tilton, Vance                                                                                                                   
                                                                                                                                
Nays:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan,                                                                 
Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCabe, McCarty,                                                                     
McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher,                                                             
Schrage, Shaw, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck,                                                                  
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Snyder                                                                                                                
                                                                                                                                
Story changed from "YEA" to "NAY"                                                                                               
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
CSHB 104(FIN) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 104(FIN) am will advance to third reading on tomorrow's                                                                    
calendar.                                                                                                                       
                                                                                                                                
HB 135                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 135                                                                                                          
    "An Act relating to geothermal resources; relating to the definition                                                        
    of 'geothermal resources'; and providing for an effective date."                                                           

2022-05-03                     House Journal                      Page 2760
with the: Journal Page                                                                                                          
                                                                                                                                
 RES RPT CS(RES) 3DP 6NR 1714                                                                                                   
 FN3: ZERO(DNR) 1714                                                                                                            
 FN4: (DNR) 1714                                                                                                                
 FIN RPT CS(RES) 8DP 2NR 2650                                                                                                   
 FN3: ZERO(DNR) 2650                                                                                                            
 FN4: (DNR) 2650                                                                                                                
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 135(RES)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
Representative Eastman objected and withdrew the objection. There                                                               
being no further objection, CSHB 135(RES) was adopted.                                                                          
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
CSHB 135(RES) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 135(RES) will advance to third reading on tomorrow's                                                                       
calendar.                                                                                                                       
                                                                                                                                
HB 289                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 289                                                                                                          
    "An Act establishing the Alaska marijuana industry task force;                                                              
    and providing for an effective date."                                                                                       
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 L&C RPT CS(L&C) 6DP 1NR 1857                                                                                                   
 FN1: (CED) 1857                                                                                                                
 FIN RPT CS(FIN) 8DP 2NR 2618                                                                                                   
 FN2: (CED) 2618                                                                                                                

2022-05-03                     House Journal                      Page 2761
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 289(FIN)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
CSHB 289(FIN) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 289(FIN) will advance to third reading on tomorrow's calendar.                                                             
                                                                                                                                
                     SECOND READING OF SENATE BILLS                                                                          
                                                                                                                                
SB 222                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    SENATE BILL NO. 222                                                                                                         
    "An Act extending the termination date of the State Physical                                                                
    Therapy and Occupational Therapy Board; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 FIN RPT 7DP 2NR                                                    2683                                                        
 FN1: (CED)                                                         2683                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that SB 222                                                               
be considered engrossed, advanced to third reading, and placed on                                                               
final passage.                                                                                                                  
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
SB 222 will advance to third reading on tomorrow's calendar.                                                                    
                                                                                                                                
                                                                                                                                

2022-05-03                     House Journal                      Page 2762
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House approve the citations on the calendar. There being no objection,                                                          
the following citations were approved and sent to enrolling:                                                                    
                                                                                                                                
Honoring - Jason Wilson                                                                                                         
By Representatives Story, Hannan; Senator Kiehl                                                                                 
                                                                                                                                
Honoring - Wesley Verhamme                                                                                                      
By Representatives Hannan, Story; Senator Kiehl                                                                                 
                                                                                                                                
Honoring - Polly Carr                                                                                                           
By Representatives Drummond, Tarr                                                                                               
                                                                                                                                
Honoring - Juneau Capitals Alaska State Hockey Association 16UA                                                                 
State Champions                                                                                                                 
By Representatives Story, Hannan; Senator Kiehl                                                                                 
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
notice and publication requirements be waived and the citation, In                                                              
Memoriam - Nicky Myers, be taken up as a Special Order of Business.                                                             
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House approve the citation.                                                                                                     
                                                                                                                                
Representative Edgmon objected, offered remarks, and removed the                                                                
objection.                                                                                                                      
                                                                                                                                
There being no further objection, the following citation was approved                                                           
and sent to enrolling:                                                                                                          
                                                                                                                                
In Memoriam - Nicky Myers                                                                                                       
By Representative Foster; Senator Olson                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2022-05-03                     House Journal                      Page 2763
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representative McCarty's excused absence (page 2738) be amended to                                                              
end 8:00 a.m., May 10. There being no objection, it was so ordered.                                                             
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Kreiss-Tomkins – from 6:00 a.m., May 4 to 9:15 p.m.,                                                             
May 8                                                                                                                           
                                                                                                                                
Representative Kaufman – from 4:00 p.m., May 4 to 10:00 a.m.,                                                                   
May 9                                                                                                                           
                                                                                                                                
Representative Thompson – from 12:30 p.m., May 5 to 10:15 a.m.,                                                                 
May 9                                                                                                                           
                                                                                                                                
Representative Cronk – from 4:00 p.m., May 5 to 8:00 p.m., May 8                                                                
                                                                                                                                
Representative Gillham – from 4:00 p.m., May 6 to 9:30 p.m., May 8                                                              
                                                                                                                                
Representative LeBon – from noon, May 20 to 1:00 p.m., May 21                                                                   
                                                                                                                                
HB 289                                                                                                                        
Representatives Spohnholz, Tarr, Drummond, and Josephson added as                                                               
cosponsors to:                                                                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 289(FIN)                                                                                              
    "An Act establishing the Alaska marijuana industry task force;                                                              
    and providing for an effective date."                                                                                       
                                                                                                                                
HB 363                                                                                                                        
Per request of the Speaker, the following, which was transmitted to the                                                         
Senate May 2 (page 2740), was returned:                                                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 363(FIN)                                                                                              
    "An Act establishing the office of broadband; creating the                                                                  
    broadband parity adjustment fund; establishing the Statewide                                                                
    Broadband Advisory Board; and providing for an effective date."                                                             

2022-05-03                     House Journal                      Page 2764
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
The Speaker, citing Section 102 of Mason's Manual, cautioned the                                                                
member to confine remarks to the topic.                                                                                         
                                                                                                                                
Representative Kurka appealed the ruling of the chair.                                                                          
                                                                                                                                
The question being:  "Shall the Ruling of the Chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
Sustain Ruling of the Chair                                                                                                     
                                                                                                                                
YEAS:  26   NAYS:  8   EXCUSED:  1   ABSENT:  5                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster,                                                                     
Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCarty,                                                                     
McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Schrage, Shaw,                                                                   
Spohnholz, Story, Stutes, Tarr, Tuck, Wool                                                                                      
                                                                                                                                
Nays:  Eastman, Gillham, Johnson, Kaufman, Kurka, Rauscher,                                                                     
Tilton, Vance                                                                                                                   
                                                                                                                                
Excused:  Snyder                                                                                                                
                                                                                                                                
Absent:  Cronk, McCabe, Rasmussen, Thompson, Zulkosky                                                                           
                                                                                                                                
And so, the ruling of the Chair was sustained.                                                                                  
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meeting today was changed:                                                                                        
                                                                                                                                
Finance Committee                                                                                                               
CHANGED TO:                                                     2:00 p.m.                                                       
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 8:00 a.m., May 4. There being no objection, the                                                             
House adjourned at 1:45 p.m.                                                                                                    
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk