Legislature(2021 - 2022)

2022-05-10 Senate Journal

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2022-05-10                     Senate Journal                      Page 2660
HB 281                                                                                                                        
Senator Hughes moved and asked unanimous consent SENATE CS                                                                      
FOR CS FOR HOUSE BILL NO. 281(FIN) am S "An Act making                                                                          
appropriations for the operating and loan program expenses of state                                                             
government and for certain programs; capitalizing funds; amending                                                               
appropriations; making capital appropriations, supplemental                                                                     
appropriations, and reappropriations; and providing for an effective                                                            
date" which had been held from the May 9 calendar, be returned to                                                               
second reading for all amendments offered today. Without objection,                                                             
the bill was returned to second reading.                                                                                        
                                                                                                                                
Senator Hughes moved and asked unanimous consent the Senate                                                                     
rescind its previous action in failing Corrected Amendment No. 44.                                                              
Senator Begich objected, then withdrew his objection. There being no                                                            
further objection, the Senate rescinded its action.                                                                             
                                                                                                                                
Corrected Amendment No. 44 was before the Senate.                                                                               
                                                                                                                                
The question being: "Shall Corrected Amendment No. 44 pass the                                                                  
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SCS CSHB 281(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Corrected Amendment No. 44?                                                                                                     
                                                                                                                                

2022-05-10                     Senate Journal                      Page 2661
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Costello, Gray-Jackson, Holland, Hughes, Myers,                                                                  
Olson, Reinbold, Shower, Wielechowski, Wilson                                                                                   
                                                                                                                                
Nays:  Bishop, Hoffman, Kawasaki, Kiehl, Micciche, Revak,                                                                       
Stedman, Stevens, von Imhof                                                                                                     
                                                                                                                                
and so, Corrected Amendment No. 44 passed the Senate.                                                                           
                                                                                                                                
Senators Olson, Revak, Hughes, Shower, Myers, Holland, Reinbold,                                                                
Costello offered 2d Corrected Amendment No. 39:                                                                                 
                                                                                                                                
Page 72, following line 6:                                                                                                      
     Insert new material to read:                                                                                               
        "APPROPRIATION   GENERAL                                                                                                
           ITEMS   FUND                                                                                                         
Grants to Municipalities                                                                                                      
(AS 37.05.315)                                                                                                                
City of Nome - Arctic Deep Draft  150,300,000             150,300,000                                                           
 Port (HD 39)"                                                                                                                  
                                                                                                                                
Page 97, following line 10:                                                                                                     
     Insert new material to read:                                                                                               
 "SOURCE                                    AMOUNT                                                                              
 1243 Statutory Budget Reserve Fund 150,300,000"                                                                                
                                                                                                                                
Adjust fund sources and totals accordingly.                                                                                     
                                                                                                                                
Page 126, line 24, following "CAPITAL.":                                                                                        
     Insert "(a)"                                                                                                               
                                                                                                                                
Page 126, following line 27:                                                                                                    
     Insert new subsections to read:                                                                                            
     "(b)  The sum of $100,000,000 is appropriated from the budget                                                              
reserve fund (AS 37.05.540(a)) to the Department of Commerce,                                                                   
Community, and Economic Development for payment as a grant under                                                                
AS 37.05.315 to the Municipality of Anchorage for the Port of Alaska                                                            
modernization project, to be distributed as follows:                                                                            
          (1)  $25,000,000 for the fiscal year ending June 30, 2023; and                                                        
          (2)  $75,000,000 for the fiscal year ending June 30, 2024.                                                            

2022-05-10                     Senate Journal                      Page 2662
     (c)  The Municipality of Anchorage shall, not later than                                                                   
February 1, 2023, submit a report on the Port of Alaska modernization                                                           
project to the co-chairs of the finance committees of each house of the                                                         
legislature and the legislative finance division. The report must include                                                       
a financial plan for the Port of Alaska modernization project."                                                                 
                                                                                                                                
Page 140, following line 8:                                                                                                     
     Insert a new subsection to read:                                                                                           
     "(c)  The sum of $30,000,000 is appropriated from the general                                                              
fund to the Department of Commerce, Community, and Economic                                                                     
Development for payment as a grant under AS 37.05.315 to the                                                                    
Matanuska-Susitna Borough for implementation of the 2021                                                                        
Matanuska-Susitna Borough Transportation Infrastructure Package."                                                               
                                                                                                                                
Page 142, line 29, through page 143, line 4:                                                                                    
     Delete all material and insert:                                                                                            
     "(l)  An amount not to exceed $100,000,000 is appropriated from                                                            
the budget reserve fund (AS 37.05.540(a)) to the Department of                                                                  
Commerce, Community, and Economic Development for payment as a                                                                  
grant under AS 37.05.315 to the Municipality of Anchorage for the                                                               
Port of Alaska modernization project for the purpose of matching each                                                           
dollar received in federal funds for the Port of Alaska modernization                                                           
project, not including funds received in Anchorage, a Municipal                                                                 
Corporation v. United States, Case No. 14-166C, United States Court                                                             
of Federal Claims."                                                                                                             
                                                                                                                                
Page 183, line 4:                                                                                                               
     Delete "32 - 36"                                                                                                           
     Insert "32, 33(a), 34 - 36"                                                                                                
                                                                                                                                
Page 183, line 13:                                                                                                              
     Delete "47 - 52"                                                                                                           
     Insert "47(a) - (k), 48 - 52"                                                                                              
                                                                                                                                
Page 183, line 15:                                                                                                              
     Delete "47 - 52"                                                                                                           
     Insert "47(a) - (k), 48 - 52"                                                                                              
                                                                                                                                
Page 183, line 17, following "46(b)":                                                                                           
     Insert "and (c), 47(l)"                                                                                                    
                                                                                                                                

2022-05-10                     Senate Journal                      Page 2663
Page 183, line 18:                                                                                                              
     Delete "and 78 - 83"                                                                                                       
     Insert "78 - 83, and 85"                                                                                                   
                                                                                                                                
Page 183, line 19, following "46(b)":                                                                                           
     Insert "and (c), 47(l)"                                                                                                    
                                                                                                                                
Page 183, line 21:                                                                                                              
     Delete "and 78 - 83"                                                                                                       
     Insert "78 - 83, and 85"                                                                                                   
                                                                                                                                
Page 183, following line 23:                                                                                                    
     Insert a new bill section to read:                                                                                         
"* Sec. 85. CONTINGENCY. The appropriation made in sec. 46(c)                                                                 
of this Act is contingent on the Matanuska-Susitna Borough                                                                      
contributing $30,000,000 in matching funds to the 2021 Matanuska-                                                               
Susitna Borough Transportation Infrastructure Package."                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 183, line 26:                                                                                                              
     Delete "47 - 52"                                                                                                           
     Insert "47(a) - (k), 48 - 52"                                                                                              
                                                                                                                                
Page 183, line 30:                                                                                                              
     Delete "secs. 85 - 89"                                                                                                     
     Insert "secs. 86 - 90"                                                                                                     
                                                                                                                                
Senator Olson moved for the adoption of 2d Corrected Amendment                                                                  
No. 39. Senator Bishop objected.                                                                                                
                                                                                                                                
Senator Reinbold moved for the adoption of Corrected Amendment                                                                  
No. 1 to 2d Corrected Amendment No. 39:                                                                                         
                                                                                                                                
Page 1, following line 8, of the amendment:                                                                                     
     Insert new material to read:                                                                                               
"Page 72, following line 8:                                                                                                     
     Insert new material to read:                                                                                               
               "APPROPRIATION  GENERAL                                                                                          
            ITEMS  FUND                                                                                                         
Alaska Trails - Eagle River Greenbelt  12,000,000         12,000,000                                                            
 Historic Iditarod Trail (HD 13-14)""                                                                                           
                                                                                                                                

2022-05-10                     Senate Journal                      Page 2664
Senator Stedman objected.                                                                                                       
                                                                                                                                
The question being: "Shall Corrected Amendment No. 1 to 2d                                                                      
Corrected Amendment No. 39 be adopted?" The roll was taken with                                                                 
the following result:                                                                                                           
                                                                                                                                
SCS CSHB 281(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Corrected Amendment No. 1 to 2d Corrected Amendment No. 39?                                                                     
                                                                                                                                
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Olson, Reinbold, Shower,                                                                      
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Micciche, Myers, Revak, Stedman, Stevens, von Imhof                                                                             
                                                                                                                                
and so, Corrected Amendment No. 1 to 2d Corrected Amendment                                                                     
No. 39 failed.                                                                                                                  
                                                                                                                                
President Micciche stated in accordance with Rule 43(b), Alaska State                                                           
Legislature Uniform Rules, engrossment may be waived on SENATE                                                                  
CS FOR CS FOR HOUSE BILL NO. 281(FIN) am S.                                                                                     
                                                                                                                                
Senator Stevens moved to divide the question on 2d Corrected                                                                    
Amendment No. 39. Objections were heard.                                                                                        
                                                                                                                                
The question being: "Shall 2d Corrected Amendment No. 39 be                                                                     
divided?" The roll was taken with the following result:                                                                         
                                                                                                                                
SCS CSHB 281(FIN) am S                                                                                                          
Second Reading                                                                                                                  
2d Corrected Amendment No. 39                                                                                                   
Divide the Question?                                                                                                            
                                                                                                                                
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Micciche, Stedman, Stevens, von Imhof                                                                                           
                                                                                                                                
Nays:  Costello, Holland, Hughes, Myers, Olson, Reinbold, Revak,                                                                
Shower, Wielechowski, Wilson                                                                                                    
                                                                                                                                

2022-05-10                     Senate Journal                      Page 2665
and so, 2d Corrected Amendment No. 39 was not divided.                                                                          
                                                                                                                                
2d Corrected Amendment No. 39 was before the Senate.                                                                            
                                                                                                                                
The question being: "Shall 2d Corrected Amendment No. 39 pass the                                                               
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SCS CSHB 281(FIN) am S                                                                                                          
Second Reading                                                                                                                  
2d Corrected Amendment No. 39?                                                                                                  
                                                                                                                                
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Costello, Gray-Jackson, Holland, Hughes, Micciche, Myers,                                                                
Olson, Reinbold, Revak, Shower, Wielechowski, Wilson                                                                            
                                                                                                                                
Nays:  Begich, Bishop, Hoffman, Kawasaki, Kiehl, Stedman, Stevens,                                                              
von Imhof                                                                                                                       
                                                                                                                                
and so, 2d Corrected Amendment No. 39 passed the Senate.                                                                        
                                                                                                                                
Senators Wielechowski, Kawasaki offered Amendment No. 50 :                                                                       
                                                                                                                                
Page  176,  lines 14  - 17:                                                                                                     
     Delete  all material  and insert:                                                                                          
                                                                                                                                
 "( v)(1) An amount equal to 10 percent of all revenue from taxes                                                               
 levied by AS 43.55.011, not to exceed $143,000,000, that is not                                                                
 required to be deposited in the budget reserve fund (art. IX, sec.                                                             
 17, Constitution of the State of Alaska), is appropriated from the                                                             
     general  fund  to the oil and  gas tax credit  fund  (AS  43.55.028).                                                      
  (2) The calculation made in (1) of this subsection is                                                                         
established by an interpretation of AS 43.55.028(c) that does not                                                               
include AS 43.55.024(i) and G) deductible per-taxable barrel                                                                    
credits, which are withheld by a producer and not paid as taxes, as                                                             
taxes  levied against  the producer    under  AS  43.55.011."                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 50.                                                                
Senator Reinbold objected.                                                                                                      
                                                                                                                                
Senator Wielechowski offered Amendment No. 1  to Amendment                                                                       
No. 50:                                                                                                                         
                                                                                                                                

2022-05-10                     Senate Journal                      Page 2666
Page 182, line 29, following "FUND.":                                                                                           
          Insert "(a)"                                                                                                          
                                                                                                                                
Page 182, following line 31:                                                                                                    
          Insert a new subsection to read:                                                                                      
          "(b)  If the unrestricted state revenue available for                                                                 
appropriation in fiscal year 2023 is insufficient to cover the general                                                          
fund appropriations that take effect in fiscal year 2023, not including                                                         
the appropriation made in sec. 76(u) of this Act, the amount necessary                                                          
to balance revenue and general fund appropriations that take effect in                                                          
fiscal year 2023, not including the appropriation made in sec. 76(u) of                                                         
this Act, is appropriated to the general fund from the budget reserve                                                           
fund (AS 37.05.540(a))."                                                                                                        
                                                                                                                                
Page 183, line 3:                                                                                                               
          Delete "and 82"                                                                                                       
          Insert "82(a)"                                                                                                        
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1 to                                                               
Amendment No. 50. Senator von Imhof objected.                                                                                   
                                                                                                                                
Senator Costello called the Senate. The call was satisfied.                                                                     
                                                                                                                                
The question being: "Shall Amendment No. 1 to Amendment No. 50                                                                  
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
SCS CSHB 281(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1 to Amendment No. 50?                                                                                            
                                                                                                                                
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Costello, Gray-Jackson, Hoffman, Holland, Hughes,                                                                
Kawasaki, Kiehl, Myers, Olson, Reinbold, Revak, Shower, Stedman,                                                                
Stevens, Wielechowski, Wilson                                                                                                   
                                                                                                                                
Nays:  Bishop, Micciche, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 50 was amended.                                                                                           
                                                                                                                                

2022-05-10                     Senate Journal                      Page 2667
Senator Wielechowski offered Amendment No. 2  to Amendment                                                                       
No. 50 as amended:                                                                                                              
                                                                                                                                
Page 34, following line 10:                                                                                                     
          Insert "It is the intent of the legislature that the Department of                                                    
Revenue not permit producers to take tax credits in the amount                                                                  
specified in AS 43.55.024(i) or (j) for each barrel of oil that is taxable                                                      
under AS 43.55.011(e) and produced during the fiscal year ending                                                                
June 30, 2023, estimated to be $952,000,000."                                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 2 to                                                               
Amendment No. 50 as amended. Senator Reinbold objected.                                                                         
                                                                                                                                
The question being: "Shall Amendment No. 2 to Amendment No. 50                                                                  
as amended be adopted?" The roll was taken with the following result:                                                           
                                                                                                                                
SCS CSHB 281(FIN) am S                                                                                                          
Second Reading                                                                                                                  
Amendment No. 2 to Amendment No. 50 as Amended?                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Hoffman, Kawasaki, Olson, Shower,                                                                  
Stedman, Stevens, Wielechowski                                                                                                  
                                                                                                                                
Nays:  Bishop, Costello, Holland, Hughes, Kiehl, Micciche, Myers,                                                               
Reinbold, Revak, von Imhof, Wilson                                                                                              
                                                                                                                                
and so, Amendment No. 2 to Amendment No. 50 as amended failed.