Legislature(2013 - 2014)
2014-04-20 Senate Journal
Full Journal pdf2014-04-20 Senate Journal Page 2637 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE SECOND SESSION Juneau, Alaska Sunday April 20, 2014 Ninetieth Day Pursuant to adjournment the Senate was called to order by President Huggins at 10:07 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Stedman. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, we thank you for giving us the strength and commitment to serve the people of Alaska. Help us to finish the good work we started. Fill us with your energy, your creativity and your passion. As we look for a balance of the needs of the people and the needs of this great land, we strive for what is right and good. Help us to act today for the promise of tomorrow. Amen. Senator French led the Senate in the Pledge of Allegiance. Certification Senator Coghill moved and asked unanimous consent that the journal for the eighty-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2014-04-20 Senate Journal Page 2638 Messages from the House SB 74 Message dated April 19 was received stating the House passed and returned: SENATE BILL NO. 74 "An Act creating the University of Alaska building fund for the payment by the University of Alaska of the costs of use, management, operation, maintenance, and depreciation of space in buildings; and authorizing the Board of Regents of the University of Alaska to designate buildings for which the fund is to be used." The bill was referred to the Secretary for enrollment. SB 106 Message dated April 19 was received stating the House passed and returned: CS FOR SENATE BILL NO. 106(STA) "An Act providing for certain individuals who have erected a building on land leased from the state to receive a preference right to purchase certain state land without competitive bid." The bill was referred to the Secretary for enrollment. SB 129 Message dated April 20 was received stating the House passed and returned: CS FOR SENATE BILL NO. 129(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers; relating to real estate appraisers; and providing for an effective date." The bill was referred to the Secretary for enrollment. 2014-04-20 Senate Journal Page 2639 Concur Messages SB 71 Message dated April 20 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 71(FIN) "An Act relating to the fishery resource landing tax" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 71(FIN) am H "An Act relating to the fishery resource landing tax and cost recovery fisheries; relating to a product development tax credit for certain salmon and herring products; providing for an effective date by amending the effective date of sec. 3, ch. 57, SLA 2003; and providing for an effective date." (Title Change HCR 31) Senator Coghill moved that the Senate concur in the House amendments. Senators Stevens, McGuire, Giessel, Stedman, Hoffman, Egan, Bishop, Dyson moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 71(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 71(FIN)? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 71(FIN) am H "An Act relating to the fishery resource landing tax and cost recovery fisheries; relating to a product development tax credit for certain 2014-04-20 Senate Journal Page 2640 salmon and herring products; providing for an effective date by amending the effective date of sec. 3, ch. 57, SLA 2003; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 31 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 71, relating to the fishery resource landing tax. Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 71, relating to the fishery resource landing tax, pass the Senate?" The roll was taken with the following result: HCR 31 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE CONCURRENT RESOLUTION NO. 31 passed the Senate, was signed by the President and Secretary and returned to the House. 2014-04-20 Senate Journal Page 2641 SB 138 Message dated April 20 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 138(FIN) am "An Act relating to the purposes, powers, and duties of the Alaska Gasline Development Corporation; relating to an in-state natural gas pipeline, an Alaska liquefied natural gas project, and associated funds; requiring state agencies and other entities to expedite reviews and actions related to natural gas pipelines and projects; relating to the authorities and duties of the commissioner of natural resources relating to a North Slope natural gas project, oil and gas and gas only leases, and royalty gas and other gas received by the state including gas received as payment for the production tax on gas; relating to the tax on oil and gas production, on oil production, and on gas production; relating to the duties of the commissioner of revenue relating to a North Slope natural gas project and gas received as payment for tax; relating to confidential information and public record status of information provided to or in the custody of the Department of Natural Resources and the Department of Revenue; relating to apportionment factors of the Alaska Net Income Tax Act; amending the definition of gross value at the 'point of production' for gas for purposes of the oil and gas production tax; clarifying that the exploration incentive credit, the oil or gas producer education credit, and the film production tax credit may not be taken against the gas production tax paid in gas; relating to the oil or gas producer education credit; requesting the governor to establish an interim advisory board to advise the governor on municipal involvement in a North Slope natural gas project; relating to the development of a plan by the Alaska Energy Authority for developing infrastructure to deliver affordable energy to areas of the state that will not have direct access to a North Slope natural gas pipeline and a recommendation of a funding source for energy infrastructure development; establishing the Alaska affordable energy fund; requiring the commissioner of revenue to develop a plan and suggest legislation for municipalities, regional corporations, and residents of the state to acquire ownership interests in a North Slope natural gas pipeline project; making conforming amendments; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 138(FIN) am H "An Act relating to the limitation on the value of property taxable by a municipality; relating to the 2014-04-20 Senate Journal Page 2642 Alaska Gasline Development Corporation; relating to an in- state natural gas pipeline, an Alaska liquefied natural gas project, and associated funds; requiring state agencies and other entities to expedite reviews and actions related to natural gas pipelines and projects; making certain contracts by the Department of Natural Resources and the Department of Law not subject to the State Procurement Code; relating to the authorities and duties of the commissioner of natural resources relating to a North Slope natural gas project, oil and gas and gas only leases, and royalty gas and other gas received by the state including gas received as payment for the production tax on gas; relating to a report and recommendations by the commissioner of natural resources regarding the delivery and availability of North Slope natural gas in the state, including the identification of risks and recommendations for mitigation; relating to the tax on oil and gas production, on oil production, and on gas production; relating to the duties of the commissioner of revenue relating to a North Slope natural gas project and gas received as payment for tax; relating to confidential information and public record status of information provided to or in the custody of the Department of Natural Resources and the Department of Revenue; relating to apportionment factors of the Alaska Net Income Tax Act; amending the definition of gross value at the 'point of production' for gas for purposes of the oil and gas production tax; clarifying that the exploration incentive credit, the oil or gas producer education credit, and the film production tax credit may not be taken against the gas production tax paid in gas; relating to the oil or gas producer education credit; requiring the commissioner of revenue to provide a report to the legislature on financing options for state ownership and participation in a North Slope natural gas project; requesting the governor to establish an advisory planning group to advise the governor on municipal involvement in a North Slope natural gas project; relating to the development of a plan by the Alaska Energy Authority for developing infrastructure to deliver affordable energy to areas of the state that will not have direct access to a North Slope natural gas pipeline and a recommendation of a funding source for energy infrastructure development; establishing the 2014-04-20 Senate Journal Page 2643 Alaska affordable energy fund; requiring the Department of Transportation and Public Facilities to evaluate certain bridges and infrastructure related to an Alaska liquefied natural gas project; requiring the commissioner of revenue to develop a plan and suggest legislation for municipalities, regional corporations, and residents of the state to acquire ownership interests in a North Slope natural gas pipeline project; relating to the duties of the Oil and Gas Competitiveness Review Board; making conforming amendments; and providing for an effective date." (Title Change HCR 28) and recommended the adoption of the following House Letter of Intent: Letter of Intent It is the intent of the Alaska State Legislature that the Alaska LNG project honor the commitments, as copied below, made in "Article 11: Alaska Hire and Content," agreed to in the Heads of Intent Agreement by and among the Administration of the State of Alaska, Alaska Gas-line Development Corporation, TransCanada Alaska Development Inc., ExxonMobil Alaska Production Inc., ConocoPhillips Alaska, Inc., and BP Exploration (Alaska) Inc. through construction of the project. ARTICLE 11: ALASKA HIRE AND CONTENT 11.1 For the Alaska LNG Project, the Alaska LNG Parties will, within the constraints of law: a. Employ Alaska residents and contract with Alaska businesses to the extent they are qualified, available, ready, willing and cost competitive; b. Use, as far as practicable, job centers and associated services operated by the State Department of Labor and Workforce Development; c. Participate with the State Department of Labor and Workforce Development to update the training plan for an LNG export project including main operations; 2014-04-20 Senate Journal Page 2644 d. Advertise for available positions locally and use, as far as practicable, Alaska job service organizations to notify the Alaska public; and e. Work with the State Department of Labor and Workforce Development and other organizations to provide training. 11.2 Prior to construction, the Alaska LNG Parties commit to negotiate in good faith project labor agreements for the Alaska LNG Project. Senator Coghill moved that the Senate concur in the House amendments. Senator French objected. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 138(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 138(FIN) am? Eff Dates House Letter of Intent YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens Nays: Ellis, French, Gardner, Wielechowski and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 138(FIN) am H "An Act relating to the limitation on the value of property taxable by a municipality; relating to the Alaska Gasline Development Corporation; relating to an in-state natural gas pipeline, an Alaska liquefied natural gas project, and associated funds; requiring state agencies and other entities to expedite reviews and actions related to natural gas pipelines and projects; making certain contracts by the Department of Natural Resources and the Department of Law not subject to the State Procurement Code; relating to the authorities and duties of the commissioner of natural resources relating to a North Slope natural gas project, oil and gas and gas only leases, and royalty 2014-04-20 Senate Journal Page 2645 gas and other gas received by the state including gas received as payment for the production tax on gas; relating to a report and recommendations by the commissioner of natural resources regarding the delivery and availability of North Slope natural gas in the state, including the identification of risks and recommendations for mitigation; relating to the tax on oil and gas production, on oil production, and on gas production; relating to the duties of the commissioner of revenue relating to a North Slope natural gas project and gas received as payment for tax; relating to confidential information and public record status of information provided to or in the custody of the Department of Natural Resources and the Department of Revenue; relating to apportionment factors of the Alaska Net Income Tax Act; amending the definition of gross value at the 'point of production' for gas for purposes of the oil and gas production tax; clarifying that the exploration incentive credit, the oil or gas producer education credit, and the film production tax credit may not be taken against the gas production tax paid in gas; relating to the oil or gas producer education credit; requiring the commissioner of revenue to provide a report to the legislature on financing options for state ownership and participation in a North Slope natural gas project; requesting the governor to establish an advisory planning group to advise the governor on municipal involvement in a North Slope natural gas project; relating to the development of a plan by the Alaska Energy Authority for developing infrastructure to deliver affordable energy to areas of the state that will not have direct access to a North Slope natural gas pipeline and a recommendation of a funding source for energy infrastructure development; establishing the Alaska affordable energy fund; requiring the Department of Transportation and Public Facilities to evaluate certain bridges and infrastructure related to an Alaska liquefied natural gas project; requiring the commissioner of revenue to develop a plan and suggest legislation for municipalities, regional corporations, and residents of the state to acquire ownership interests in a North Slope natural gas pipeline project; relating to the duties of the Oil and Gas Competitiveness Review Board; making conforming amendments; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. Without objection, it was so ordered. 2014-04-20 Senate Journal Page 2646 Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on adoption of the House Letter of Intent. Without objection, the Legislative Letter of Intent was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment with a Legislative Letter of Intent. HCR 28 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 28. Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 28 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 138, relating to the purposes, powers, and duties of the Alaska Gasline Development Corporation; relating to an in-state natural gas pipeline, an Alaska liquefied natural gas project, and associated funds; requiring state agencies and other entities to expedite reviews and actions related to natural gas pipelines and projects; relating to the authorities and duties of the commissioner of natural resources relating to a North Slope natural gas project, oil and gas and gas only leases, and royalty gas and other gas received by the state including gas received as payment for the production tax on gas; relating to the tax on oil and gas production, on oil production, and on gas production; relating to the duties of the commissioner of revenue relating to a North Slope natural gas project and gas received as payment for tax; relating to confidential information and public record status of information provided to or in the custody of the Department of Natural Resources and the Department of Revenue; relating to apportionment factors of the Alaska Net Income Tax Act; amending the definition of gross value at the "point of production" for gas for purposes of the oil and gas production tax; clarifying that the exploration incentive credit, the oil or gas producer education credit, and the film production tax credit may not be taken against the gas production tax paid in gas; relating to the oil or gas producer education credit; requesting the governor to establish an interim advisory board to advise the governor on municipal involvement in a North Slope natural gas project; relating to 2014-04-20 Senate Journal Page 2647 the development of a plan by the Alaska Energy Authority for developing infrastructure to deliver affordable energy to areas of the state that will not have direct access to a North Slope natural gas pipeline and a recommendation of a funding source for energy infrastructure development; establishing the Alaska affordable energy fund; requiring the commissioner of revenue to develop a plan and suggest legislation for municipalities, regional corporations, and residents of the state to acquire ownership interests in a North Slope natural gas pipeline project; and making conforming amendments, pass the Senate?" The roll was taken with the following result: HCR 28 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE CONCURRENT RESOLUTION NO. 28 passed the Senate, was signed by the President and Secretary and returned to the House. SB 187 Message dated April 19 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 187(JUD)(title am) "An Act relating to the crime of misconduct involving confidential information in the first degree; amending Rule 16, Alaska Rules of Criminal Procedure; amending Rule 8, Alaska Child in Need of Aid Rules; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 187(JUD) Senator Coghill moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2014-04-20 Senate Journal Page 2648 HCS CSSB 187(JUD) Shall the Senate Concur in the House Amendment to CSSB 187(JUD)(title am)? Court Rules Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 187(JUD) "An Act relating to the crime of misconduct involving confidential information in the first degree; amending Rule 16, Alaska Rules of Criminal Procedure; amending Rule 8, Alaska Child in Need of Aid Rules; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the Court Rule changes. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 193 Message dated April 19 was read stating the House passed and returned for consideration SENATE BILL NO. 193 "An Act relating to bonds required for contractors" with the following amendment: HOUSE CS FOR SENATE BILL NO. 193(FIN) "An Act relating to bonds required for contractors; and providing for an effective date." (technical title change) Senator Coghill moved that the Senate concur in the House amendment. 2014-04-20 Senate Journal Page 2649 The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS SB 193(FIN) Shall the Senate Concur in the House Amendment to SB 193? Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Dunleavy and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 193(FIN) "An Act relating to bonds required for contractors; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 195 Message dated April 20 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 195(FIN) "An Act relating to the membership and authority of the Alaska Commission on Postsecondary Education; relating to the Alaska Student Loan Corporation; relating to teacher education loans; relating to interest on and consolidation of postsecondary education loans; relating to Alaska supplemental education loans; relating to AlaskAdvantage grants; relating to the Alaska family education loan program; relating to postsecondary educational institutions; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 195(FIN) 2014-04-20 Senate Journal Page 2650 Senator Coghill moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 195(FIN) Shall the Senate Concur in the House Amendment to CSSB 195(FIN)? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 195(FIN) "An Act relating to the membership and authority of the Alaska Commission on Postsecondary Education; relating to the Alaska Student Loan Corporation; relating to teacher education loans; relating to interest on and consolidation of postsecondary education loans; relating to Alaska supplemental education loans; relating to AlaskAdvantage grants; relating to the Alaska family education loan program; relating to postsecondary educational institutions; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports HB 140 The Finance Committee considered CS FOR HOUSE BILL NO. 140(FIN) am "An Act relating to the proposed adoption, amendment, or repeal of a regulation; and relating to contact with agencies about regulations" and recommended the adoption of the 2014-04-20 Senate Journal Page 2651 previous Judiciary Senate Committee Substitute offered on page 2544. Signing no recommendation: Senator Meyer, Cochair; Senator Bishop. Signing do pass: Senators Fairclough, Dunleavy. Signing amend: Senators Olson, Hoffman. The following fiscal information was published today: Fiscal Note No. 7, Senate Finance Committee Fiscal Note No. 8, zero, Senate Finance Committee Fiscal Note No. 9, Senate Finance Committee The following previously published fiscal information applies: Fiscal Note No. 4, Department of Natural Resources The bill is on today's calendar. HB 287 The Finance Committee considered CS FOR HOUSE BILL NO. 287(RLS) am "An Act relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries and hydrocarbon processing facilities; approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 287(FIN) "An Act relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries; approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date." (Title Change SCR 31) Signing do pass: Senator Kelly, Cochair; Senators Bishop, Olson. Signing no recommendation: Senator Meyer, Cochair; Senators Fairclough, Dunleavy, Hoffman. 2014-04-20 Senate Journal Page 2652 The following fiscal information was published today: Fiscal Note No. 5, indeterminate, Department of Revenue The following previously published fiscal information applies: Fiscal Note No. 2, indeterminate, Department of Natural Resources The bill is on today's calendar. HB 306 The Finance Committee considered CS FOR HOUSE BILL NO. 306(FIN) "An Act relating to the review and administration of tax credit programs; requiring the Department of Revenue to report indirect expenditures; relating to the duties of state agencies; requiring the legislative finance division to analyze certain indirect expenditures; relating to lapse dates for appropriations for capital projects; repealing the insurance tax education credit, the income tax education credit, the veteran employment tax credit, the oil or gas producer education credit, the property tax education credit, the mining business education credit, the fisheries business education credit, the fisheries business tax credit for scholarship contributions, the fisheries business salmon product development tax credit, the fisheries business salmon utilization tax credit, the fisheries business landing tax credit for scholarship contributions, the fisheries resource landing tax credit for the fisheries resource harvested under the community development quota, the fisheries resource landing tax education credit, and the film production tax credit; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 306(FIN) "An Act relating to the review and administration of tax credit programs; requiring the Department of Revenue to report indirect expenditures; relating to the duties of state agencies; requiring the legislative finance division to analyze certain indirect expenditures; relating to lapse dates for appropriations for capital projects; relating to lapse dates for capital budget grants; relating to capital expenditures; relating to unexpended balances of capital projects; repealing the capital projects funds; repealing the insurance tax 2014-04-20 Senate Journal Page 2653 education credit, the income tax education credit, the veteran employment tax credit, the oil or gas producer education credit, the property tax education credit, the mining business education credit, the fisheries business education credit, the fisheries business tax credit for scholarship contributions, the fisheries business salmon product development tax credit, the fisheries business salmon utilization tax credit, the fisheries business landing tax credit for scholarship contributions, the fisheries resource landing tax credit for the fisheries resource harvested under the community development quota, the fisheries resource landing tax education credit, and the film production tax credit; providing for an effective date by repealing the effective dates in sec. 7, ch. 57, SLA 2003, the effective date in sec. 57, ch. 92, SLA 2010, and the effective dates in secs. 40 - 42, ch. 51, SLA 2012; and providing for an effective date." (Title Change SCR 30) Signing do pass: Senators Meyer, Kelly, Cochairs; Senator Fairclough. Signing no recommendation: Senator Hoffman. Signing amend: Senators Bishop, Dunleavy, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, zero, Department of Environmental Conservation Fiscal Note No. 3, indeterminate, Department of Labor and Workforce Development Fiscal Note No. 4, zero, Department of Natural Resources Fiscal Note No. 5, indeterminate, Department of Commerce, Community and Economic Development Fiscal Note No. 6, Legislative Agency Fiscal Note No. 7, Department of Revenue The bill was referred to the Rules Committee. 2014-04-20 Senate Journal Page 2654 Special Committee Reports HB 266 The following report was received and distributed at 11:59 p.m., April 19, 2014: April 19, 2014 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered SENATE CS FOR CS FOR HOUSE BILL NO. 266(FIN) and CS FOR HOUSE BILL NO. 266(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 266 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; and providing for an effective date." be adopted. A fiscal note packet was attached. Signing the report: Senator Kelly, Chair, Senators Meyer, Hoffman; Representative Austerman, Chair, Representatives Stoltze, Gara. Senator Coghill moved that the Senate adopt the Conference Committee Report. The question being: "Shall the Senate adopt the Conference Committee Report?" The roll was taken with the following result: CCS HB 266 Shall the Senate adopt the Conference Committee report? Effective Dates YEAS: 14 NAYS: 4 EXCUSED: 0 ABSENT: 2 2014-04-20 Senate Journal Page 2655 Yeas: Bishop, Coghill, Dunleavy, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Micciche, Olson, Stedman, Stevens Nays: Ellis, French, Gardner, Wielechowski Absent: Dyson, Meyer and so, the report was adopted, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 266 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. HB 267 The following report was received and distributed at 11:59 p.m., April 19, 2014: April 19, 2014 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered SENATE CS FOR CS FOR HOUSE BILL NO. 267(FIN) and CS FOR HOUSE BILL NO. 267(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 267 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." be adopted. 2014-04-20 Senate Journal Page 2656 Signing the report: Senator Kelly, Chair, Senators Meyer, Hoffman; Representative Austerman, Chair, Representatives Stoltze, Gara. Senator Coghill moved that the Senate adopt the Conference Committee Report. The question being: "Shall the Senate adopt the Conference Committee Report?" The roll was taken with the following result: CCS HB 267 Shall the Senate adopt the Conference Committee report? Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Dunleavy, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Absent: Dyson and so, the report was adopted, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 267 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. Introduction and Reference of Senate Resolutions SCR 29 SENATE CONCURRENT RESOLUTION NO. 29 BY THE SENATE FINANCE COMMITTEE, 2014-04-20 Senate Journal Page 2657 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 278, increasing the base student allocation used in the formula for state funding of public education; relating to the exemption from jury service for certain teachers; relating to the powers of the Department of Education and Early Development; relating to high school course credit earned through assessment; relating to school performance reports; relating to assessments; establishing a public school and school district grading system; relating to charter schools and student transportation; relating to residential school applications; relating to tenure of public school teachers; relating to unemployment contributions for the Alaska technical and vocational education program; relating to earning high school credit for completion of vocational education courses offered by institutions receiving technical and vocational education program funding; relating to schools operated by a federal agency; relating to a grant for school districts; relating to education tax credits; establishing an optional municipal tax exemption for privately owned real property rented or leased for use as a charter school; requiring the Department of Administration to provide a proposal for a salary and benefits schedule for school districts; and making conforming amendments was introduced and held on the Secretary's desk. SCR 30 SENATE CONCURRENT RESOLUTION NO. 30 BY THE SENATE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 306, relating to the review and administration of tax credit programs; requiring the Department of Revenue to report indirect expenditures; relating to the duties of state agencies; requiring the legislative finance division to analyze certain indirect expenditures; relating 2014-04-20 Senate Journal Page 2658 to lapse dates for appropriations for capital projects; and repealing the insurance tax education credit, the income tax education credit, the veteran employment tax credit, the oil or gas producer education credit, the property tax education credit, the mining business education credit, the fisheries business education credit, the fisheries business tax credit for scholarship contributions, the fisheries business salmon product development tax credit, the fisheries business salmon utilization tax credit, the fisheries business landing tax credit for scholarship contributions, the fisheries resource landing tax credit for the fisheries resource harvested under the community development quota, the fisheries resource landing tax education credit, and the film production tax credit was introduced and held on the Secretary's desk. SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 BY THE SENATE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 287, relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries and hydrocarbon processing facilities; and approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC was introduced and held on the Secretary's desk. Consideration of the Calendar President Huggins stated in accordance with Rule 43(b) of the Uniform Rules, engrossment may be waived on all bills considered today. 2014-04-20 Senate Journal Page 2659 Second Reading of House Bills Senator Coghill moved and asked unanimous consent that the Senate move down the calendar to CS FOR HOUSE BILL NO. 75(FIN). Without objection, the Senate proceeded to: HB 75 CS FOR HOUSE BILL NO. 75(FIN) "An Act amending certain audit requirements for entities receiving contributions from permanent fund dividends; requiring the three main campuses of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; and requiring the university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends" was read the second time. Senator Meyer, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2475. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) "An Act amending certain audit requirements for entities receiving contributions from permanent fund dividends; requiring the three main campuses of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; relating to notice provided on the electronic dividend application form; relating to administrative costs for administering the program of contributions from permanent fund dividends; relating to a coordination fee for entities that receive contributions from permanent fund dividends; and requiring the university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends" was adopted. Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) "An Act amending certain audit requirements for entities receiving contributions from permanent fund dividends; requiring the three main campuses of the University of Alaska to apply to be 2014-04-20 Senate Journal Page 2660 included on the contribution list for contributions from permanent fund dividends; relating to notice provided on the electronic dividend application form; relating to administrative costs for administering the program of contributions from permanent fund dividends; relating to a coordination fee for entities that receive contributions from permanent fund dividends; and requiring the university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends" pass the Senate?" The roll was taken with the following result: SCS CSHB 75(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) passed the Senate and was referred to the Secretary for engrossment. SCR 23 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 23, which had been held on the Secretary's desk (page 2487). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 75, amending certain audit requirements for entities receiving contributions from permanent fund dividends; requiring the three main campuses of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; and requiring the university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends, pass the Senate?" The roll was taken with the following result: 2014-04-20 Senate Journal Page 2661 SCR 23 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, SENATE CONCURRENT RESOLUTION NO. 23 passed the Senate and was referred to the Secretary for engrossment. HB 121 CS FOR HOUSE BILL NO. 121(FIN) "An Act relating to the examinations, board, loans, and records of the Alaska Commercial Fishing and Agriculture Bank; and providing for an effective date" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 121(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 121(FIN) "An Act relating to the examinations, board, loans, and records of the Alaska Commercial Fishing and Agriculture Bank; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 121(FIN) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, French, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens Nays: Ellis, Gardner, Wielechowski and so, CS FOR HOUSE BILL NO. 121(FIN) passed the Senate. 2014-04-20 Senate Journal Page 2662 Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 140 CS FOR HOUSE BILL NO. 140(FIN) am "An Act relating to the proposed adoption, amendment, or repeal of a regulation; and relating to contact with agencies about regulations" was read the second time. Senator Coghill, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2544. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 140(JUD) was adopted. Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 140(JUD) was read the third time. Senator Ellis called the Senate. The call was satisfied. Senator McGuire moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 140(JUD) "An Act relating to the proposed adoption, amendment, or repeal of a regulation; and relating to contact with agencies about regulations" pass the Senate?" The roll was taken with the following result: SCS CSHB 140(JUD) Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Ellis, French, Gardner, Hoffman 2014-04-20 Senate Journal Page 2663 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 140(JUD) passed the Senate and was referred to the Secretary for engrossment. HB 141 HOUSE BILL NO. 141 "An Act setting the fee for medical treatment or services performed outside the state under the Alaska Workers' Compensation Act, requiring a provider of medical treatment or services under the Alaska Workers' Compensation Act to submit bills for treatment or services to employers within 180 days after the date the treatment or services are rendered, and limiting the time for appealing an employer's denial or reduction of a bill; and providing for an effective date" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 141 was read the third time. The question being: "Shall HOUSE BILL NO. 141 "An Act setting the fee for medical treatment or services performed outside the state under the Alaska Workers' Compensation Act, requiring a provider of medical treatment or services under the Alaska Workers' Compensation Act to submit bills for treatment or services to employers within 180 days after the date the treatment or services are rendered, and limiting the time for appealing an employer's denial or reduction of a bill; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 141 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE BILL NO. 141 passed the Senate. 2014-04-20 Senate Journal Page 2664 Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 169 Senator Coghill moved and asked unanimous consent that CS FOR HOUSE BILL NO. 169(L&C) "An Act relating to the authority of the Regulatory Commission of Alaska to regulate the production and distribution of telephone directories" be moved to the bottom of today's calendar. Without objection, it was so ordered. HB 206 CS FOR HOUSE BILL NO. 206(L&C) "An Act relating to motor vehicle service contracts; exempting motor vehicle service contracts from regulation as insurance; and providing for an effective date" was read the second time. Senator Dunleavy, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 2583. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 206(L&C) was adopted. Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 206(L&C) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 206(L&C) "An Act relating to motor vehicle service contracts; exempting motor vehicle service contracts from regulation as insurance; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 206(L&C) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 2014-04-20 Senate Journal Page 2665 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 206(L&C) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 263 CS FOR HOUSE BILL NO. 263(HSS) "An Act extending the Alaska senior benefits payment program" was read the second time. Senator Meyer, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2501. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 263(FIN) was adopted. Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 263(FIN) was read the third time. Senators Wielechowski, Ellis, Olson, Stevens, French, Kelly, Dyson, McGuire, Gardner, Bishop, Egan, Giessel, Fairclough, Stedman, Meyer moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 263(FIN) "An Act extending the Alaska senior benefits payment program" pass the Senate?" The roll was taken with the following result: SCS CSHB 263(FIN) Third Reading - Final Passage 2014-04-20 Senate Journal Page 2666 YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 263(FIN) passed the Senate and was referred to the Secretary for engrossment. Recess Senator Coghill moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:20 a.m. After Recess The Senate reconvened at 1:47 a.m. Senator Coghill moved and asked unanimous consent that the Senate move down the calendar to CS FOR HOUSE BILL NO. 287(RLS) am. Without objection, the Senate proceeded to: HB 287 CS FOR HOUSE BILL NO. 287(RLS) am "An Act relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries and hydrocarbon processing facilities; approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2651. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 287(FIN) "An Act relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries; approving and ratifying the sale of royalty oil by the 2014-04-20 Senate Journal Page 2667 State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" was adopted. Senator Wielechowski offered Amendment No. 1 : Page 1, lines 1 - 3: Delete "relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries" Insert "creating a loan program for certain in-state oil refineries" Page 1, line 7, through page 5, line 26: Delete all material and insert: "* Section 1. AS 44.88 is amended by adding a new section to read: Article 9A. In-State Refiner and Hydrocarbon Processor Loan Program. Sec. 44.88.800. In-state refiner and hydrocarbon processor loan program. (a) The authority may make loans of up to $20,000,000 to a person that owns an in-state oil refinery or a hydrocarbon processing facility south of 68 degrees North latitude if the primary function is the manufacturing and sale of refined petroleum products or processed hydrocarbon products to third parties in arm's length transactions. A loan under this section may be used for working capital, equipment, construction, or other commercial purposes. A loan under this section may be made only if the authority finds that (1) the loan is required to (A) maintain profitability of the in-state refiner or hydrocarbon processing facility and the refinery or facility would otherwise be in financial distress; or (B) restart operations of an in-state refiner or hydrocarbon processing facility; and (2) the primary function of the in-state refiner or hydrocarbon processing facility is to engage in the manufacture of refined petroleum products or processed hydrocarbon products in the state, and the in-state refiner or hydrocarbon processing facility is not affiliated with a subsequent purchaser of more than 10 percent of the 2014-04-20 Senate Journal Page 2668 in-state refiner's or hydrocarbon processing facility's product; the parties to a contract or purchase are affiliated if, in the judgment of the authority, one of the parties to the contract or purchase exercises substantial influence over the policies and actions of the other as evidenced by a relationship based on common ownership or family interest or by action taken in concert whether or not that influence is based on stockholdings, stockholders, officers, or directors. (b) A loan made under this section (1) must comply with AS 44.88.159; (2) may exceed a term of 10 years; and (3) may not bear an interest rate less than the cost of funds to the authority. (c) The authority shall adopt regulations necessary for the following purposes in connection with its programs for the financing of projects under this section: (1) determination of borrower eligibility; (2) loan guidelines and terms, including (A) required loan-to-value ratios; and (B) a method for determining loan interest rates; and (3) the qualifications of loan originators and servicers and the method of allocating amounts available for the purchase of loans. (d) The application for a loan under this section must be received by the authority before December 31, 2015. (e) The legislature may appropriate the money required to make a loan issued under this section prudent for the authority. (f) The authority may allow a borrower to begin repayment of a loan issued under this section up to five years after the loan is issued if the legislature appropriates an amount of money determined by the authority to be sufficient to protect the assets and bond rating of the authority. (g) In this section, "cost of funds" means the true interest cost expressed as a rate on tax-exempt bonds of the authority plus an additional percentage as determined by the authority to represent the allocable expenses of operation, costs of issuance, and loan servicing costs." Renumber the following bill sections accordingly. 2014-04-20 Senate Journal Page 2669 Page 6, line 7: Delete all material. Renumber the following bill section accordingly. Page 6, line 8: Delete "Except as provided in sec. 7 of this Act, this" Insert "This" Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Coghill objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 287(FIN) Second Reading Amendment No. 1 YEAS: 5 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: Ellis, Fairclough, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Giessel, Hoffman, Huggins, Kelly, McGuire, Micciche, Olson, Stedman, Stevens Absent: Meyer and so, Amendment No. 1 failed. Senators French, Wielechowski offered Amendment No. 2 : Page 3, line 18, following "incurred.": Insert "A taxpayer shall apply for the credit with the department. Before a taxpayer may qualify for a credit under this section, the department shall, after the review described in (j) of this section, make a finding that the expenditure that is the basis of the credit would not be economically feasible but for the receipt of the credit by the taxpayer." Page 4, following line 28: Insert new subsections to read: "(j) In the review of a credit application under this section, the department shall 2014-04-20 Senate Journal Page 2670 (1) require that a taxpayer submit financial data sufficient for the department to determine that the expenditure that is the basis of the credit would not be economically feasible but for the receipt of the credit by the taxpayer; (2) make available to the public a preliminary written finding regarding the eligibility of the taxpayer for the credit; (3) after the publication of the preliminary written finding under this subsection, provide opportunity for public comment on the preliminary written finding for a period of not less than 14 days; (4) within 30 days after the close of the public comment period under (3) of this subsection, make a final determination and findings and make copies of the final determination and findings available to each person who submitted comments under (3) of this subsection and who has filed a request for the copies. (k) At the request of the applicant, the department shall keep information submitted on an application for a credit under this section confidential. However, the department may, under confidentiality agreements, share confidential information obtained under this section with members of the legislature, the legislative auditor, and the director of the legislative finance division." Reletter the following subsection accordingly. Senator French moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 287(FIN) Second Reading Amendment No. 2 YEAS: 6 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Ellis, Fairclough, French, Gardner, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Giessel, Hoffman, Huggins, Kelly, McGuire, Micciche, Stedman, Stevens Absent: Meyer 2014-04-20 Senate Journal Page 2671 and so, Amendment No. 2 failed. Senator Gardner offered Amendment No. 3 : Page 3, line 18, following "incurred.": Insert "To qualify for a credit under this section, a taxpayer that is a corporation, joint venture, or partnership shall be headquartered in the state and be at least 51 percent owned by residents of the state." Senator Gardner moved for the adoption of Amendment No. 3. Senator Fairclough objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 287(FIN) Second Reading Amendment No. 3 YEAS: 5 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: Ellis, French, Gardner, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Micciche, Stedman, Stevens Absent: Meyer and so, Amendment No. 3 failed. Senator Gardner offered Amendment No. 4 : Page 3, line 15: Delete "2020" Insert "2018" Senator Gardner moved for the adoption of Amendment No. 4. Senator Fairclough objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2014-04-20 Senate Journal Page 2672 SCS CSHB 287(FIN) Second Reading Amendment No. 4 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Dunleavy, Ellis, Fairclough, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dyson, Egan, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 4 failed. Senator Wielechowski offered Amendment No. 5 : Page 1, line 3, following "refineries;": Insert "making sales of and offers to sell certain energy resources at prices that are unconscionable an unlawful act or practice under the Alaska Unfair Trade Practices and Consumer Protection Act;" Page 5, line 26: Insert new bill sections to read: "* Sec. 6. AS 45.50.471(b) is amended by adding a new paragraph to read: (58) violating AS 45.50.483 (sales of certain energy resources by refiners, distributors, and retailers). * Sec. 7. AS 45.50 is amended by adding a new section to read: Sec. 45.50.483. Sales of certain energy resources by Alaska refiners, distributors, and retailers. (a) A refiner, distributor, or retailer may not sell or offer to sell an energy resource described in (b) of this section at a price that is unconscionable. (b) The provisions of this section apply only to sales of (1) motor fuel used in an engine for the propulsion of a motor vehicle, as that term is defined in AS 28.90.990, or an aircraft; (2) fuel for space heating; and (3) diesel fuel. (c) If the attorney general believes that a refiner, distributor, or retailer has engaged in or is engaging in a violation of (a) of this section, the attorney general shall initiate an investigation under AS 45.50.495. 2014-04-20 Senate Journal Page 2673 (d) In addition to the civil penalties authorized by AS 45.50.551, the attorney general may recover, on behalf of the state, a civil penalty of not less than 10 times the economic benefit obtained by the refiner, distributor, or retailer through the conduct of the refiner, distributor, or retailer that violated or violates this section. (e) Only the attorney general may bring an action to enforce this section. In an action to enforce this section in which the attorney general is the prevailing party, the attorney general may recover attorney fees and costs as authorized by AS 45.50.537(d). The provisions of AS 45.50.531 and 45.50.535 do not apply to authorize a person (1) who suffers an ascertainable loss of money or property as a result of the act of a refiner, distributor, or retailer declared unlawful by this section to bring a civil action to recover for each unlawful act; or (2) who was the victim of an unlawful act under this section, whether or not the person suffered actual damages, to bring an action to obtain an injunction prohibiting the refiner, distributor, or retailer from continuing to engage in the act that is made unlawful by this section. (f) In an action to enforce this section, a refiner, distributor, or retailer has the right to submit evidence that the price charged by the refiner, distributor, or retailer that is alleged to be unconscionable was attributable to additional reasonable costs incurred in connection with the sale of the energy resource by the refiner, distributor, or retailer. (g) In this section, (1) "distributor" means a person or corporation other than a refiner who is engaged in the sale, assignment, or distribution of an energy resource described in (b) of this section to one or more retailers for sale through retail outlets; (2) "refiner" means a company, corporation, or individual who owns or controls, or controls through a substantially owned subsidiary, partnership, or joint venture, a refinery used for the production of an energy resource described in (b) of this section having total annual sales that exceed 1,000,000 gallons of all of those energy resources; (3) "retailer" means a person in the state who is engaged in the business of selling at retail an energy resource described in 2014-04-20 Senate Journal Page 2674 (b) of this section." Renumber the following bill sections accordingly. Page 6, line 8: Delete "sec. 7" Insert "sec. 9" Senator Wielechowski moved for the adoption of Amendment No. 5. Senator Fairclough objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 287(FIN) Second Reading Amendment No. 5 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Hoffman, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 5 failed. Senator Gardner offered Amendment No. 6 : Page 1, line 3, following "refineries;": Insert "providing for a school funding adjustment;" Page 1, following line 6: Insert a new bill section to read: "* Section 1. AS 14.17 is amended by adding a new section to read: Sec. 14.17.475. Oil refinery royalty tax credit school funding adjustment. In addition to other money available under this title to a school district, the department shall provide, by the end of the fiscal year, an amount that is equivalent to the amount accrued as credits by taxpayers under AS 43.20.053 as state aid to school districts. The money shall be distributed according to the average daily membership for each district, adjusted under AS 14.17.410(b)(1)(A) - (D), for the fiscal year following the fiscal year in which the tax credit was given." 2014-04-20 Senate Journal Page 2675 Page 1, line 7: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 6, line 7: Delete "Sections 1 - 5" Insert "Sections 2 - 6" Page 6, line 8: Delete "sec. 7" Insert "sec. 8" Senator Gardner moved for the adoption of Amendment No. 6. Senator Fairclough objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 287(FIN) Second Reading Amendment No. 6 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 6 failed. Senator Wielechowski offered Amendment No. 7 : Page 1, line 3, following "refineries;": Insert "relating to energy assistance rebates and increasing the amount of the permanent fund dividend by the amount of the rebate based on the use of certain tax credits;" 2014-04-20 Senate Journal Page 2676 Page 3, following line 8: Insert a new bill section to read: "* Sec. 3. AS 43.23.025 is amended by adding new subsections to read: (c) To provide residents of the state with energy assistance, the amount of a permanent fund dividend shall be increased. After calculating the amount of an annual dividend under AS 43.23.025, if a credit has been claimed under AS 43.20.053 during the current year, the commissioner of revenue shall add $250 to determine the total amount of that dividend. (d) Subject to appropriation, the amount necessary to increase a permanent fund dividend under (a) of this section shall be transferred from the general fund to the dividend fund (AS 43.23.045)." Renumber the following bill sections accordingly. Page 6, line 7: Delete "5" Insert "6" Page 6, line 8: Delete "sec. 7" Insert "sec. 8" Senator Wielechowski moved for the adoption of Amendment No. 7. Senator Fairclough objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 287(FIN) Second Reading Amendment No. 7 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 7 failed. 2014-04-20 Senate Journal Page 2677 Senator Coghill moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 287(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 287(FIN) "An Act relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries; approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 287(FIN) Third Reading - Final Passage Effective Dates YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dyson, Egan, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens Nays: Dunleavy, Ellis, Fairclough, French, Gardner, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 287(FIN) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SCR 31 Senator Coghill moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 31, which had been held on the held on the Secretary's desk (page 2658). Without objection, the resolution was before the Senate on final passage. 2014-04-20 Senate Journal Page 2678 The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 287, relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries and hydrocarbon processing facilities; and approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC, pass the Senate?" The roll was taken with the following result: SCR 31 Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens Nays: Wielechowski and so, SENATE CONCURRENT RESOLUTION NO. 31 passed the Senate and was referred to the Secretary for engrossment. HCR 22 Senator Coghill moved and asked unanimous consent to take up CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(RES). Without objection, the resolution was before the Senate on final passage. The question being: "Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(RES) Urging the governor, the commissioner of natural resources, and the attorney general to seek resolution of TAPS quality bank disputes before January 1, 2015, in a manner that will provide long-term quality bank stability and reduce the cost of quality bank adjustments paid by in-state refiners of Alaska North Slope crude oil, pass the Senate?" The roll was taken with the following result: CSHCR 22(RES) Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 2014-04-20 Senate Journal Page 2679 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(RES) passed the Senate, was signed by the President and Secretary and returned to the House. Senator Coghill moved and asked unanimous consent for adoption of the first supplemental calendar. Without objection, it was so ordered. Consideration of the First Supplemental Calendar Second Reading of House Bills HB 216 CS FOR HOUSE BILL NO. 216(STA) "An Act adding the Inupiaq, Siberian Yupik, Central Alaskan Yup'ik, Alutiiq, Unangax, Dena'ina, Deg Xinag, Holikachuk, Koyukon, Upper Kuskokwim, Gwich'in, Tanana, Upper Tanana, Tanacross, Hän, Ahtna, Eyak, Tlingit, Haida, and Tsimshian languages as official languages of the state" was read the second time. Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 216(STA) was read the third time. Senators Olson, French, Stevens, Ellis, Wielechowski, Micciche, Dunleavy, McGuire, Gardner, Bishop, Fairclough, Hoffman, Meyer, Stedman moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 216(STA) "An Act adding the Inupiaq, Siberian Yupik, Central Alaskan Yup'ik, Alutiiq, Unangax, Dena'ina, Deg Xinag, Holikachuk, Koyukon, Upper Kuskokwim, Gwich'in, Tanana, Upper Tanana, Tanacross, Hän, Ahtna, Eyak, Tlingit, Haida, and Tsimshian languages as official languages of the state" pass the Senate?" The roll was taken with the following result: 2014-04-20 Senate Journal Page 2680 CSHB 216(STA) Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Coghill, Kelly and so, CS FOR HOUSE BILL NO. 216(STA) passed the Senate, was signed by the President and Secretary and returned to the House. Senator Coghill moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: Messages from the House Concur Messages SB 218 Message dated April 20 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 218(FIN) "An Act relating to financing; relating to the Alaska Municipal Bond Bank Authority; authorizing the University of Alaska to issue bonds to finance the design, construction, acquisition, and equipping costs of the University of Alaska Fairbanks heat and power plant; authorizing the University of Alaska to borrow money from the Alaska Municipal Bond Bank Authority to finance the design, construction, acquisition, and equipping costs of the University of Alaska Fairbanks heat and power plant; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN) Senator Coghill moved that the Senate concur in the House amendment. 2014-04-20 Senate Journal Page 2681 The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 218(FIN) Shall the Senate Concur in the House Amendment to CSSB 218(FIN)? Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stevens, Wielechowski Absent: Stedman and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN) "An Act relating to financing; relating to the Alaska Municipal Bond Bank Authority; authorizing the University of Alaska to issue bonds to finance the design, construction, acquisition, and equipping costs of the University of Alaska Fairbanks heat and power plant; authorizing the University of Alaska to borrow money from the Alaska Municipal Bond Bank Authority to finance the design, construction, acquisition, and equipping costs of the University of Alaska Fairbanks heat and power plant; and providing for an effective date." Senator Coghill moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Message dated April 20 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 BY THE HOUSE RESOURCES COMMITTEE, 2014-04-20 Senate Journal Page 2682 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 157, relating to municipal fire protection service area boundary changes. was read the first time and held on the Secretary's desk. Concur Messages SB 171 Message dated April 20 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 171(JUD) "An Act relating to multidisciplinary child protection teams; and relating to investigation of child abuse or neglect" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 171(2d JUD) Senator Coghill moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 171(2d JUD) Shall the Senate Concur in the House Amendment to CSSB 171(JUD)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 171(2d JUD) "An Act relating to multidisciplinary child protection teams; and relating to investigation of child abuse or neglect." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2014-04-20 Senate Journal Page 2683 SB 157 Message dated April 20 was read stating the House passed and returned for consideration SENATE BILL NO. 157 "An Act relating to municipal fire protection service area boundary changes" with the following amendments: HOUSE CS FOR SENATE BILL NO. 157(CRA) am H "An Act exempting solicitations or voluntary agreements to provide ambulance, emergency, or fire department services from regulation as insurance; relating to municipal fire protection service area boundary changes." (Title Change HCR 32) Senator Coghill moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS SB 157(CRA) am H Shall the Senate Concur in the House Amendments to SB 157? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR SENATE BILL NO. 157(CRA) am H "An Act exempting solicitations or voluntary agreements to provide ambulance, emergency, or fire department services from regulation as insurance relating to municipal fire protection service area boundary changes." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2014-04-20 Senate Journal Page 2684 HCR 32 Senator Coghill moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 32, which had been held on the Secretary's desk (page 2681). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 157, relating to municipal fire protection service area boundary changes, pass the Senate?" The roll was taken with the following result: HCR 32 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE CONCURRENT RESOLUTION NO. 32 passed the Senate, was signed by the President and Secretary and returned to the House. Consideration of the Calendar (continued) Senator Coghill moved and asked unanimous consent that the Senate move down the calendar to Third Reading of House Bills. Without objection, the Senate proceeded to: Third Reading of House Bills HB 278 SENATE CS FOR CS FOR HOUSE BILL NO. 278(FIN) "An Act relating to the exemption from jury service for certain teachers; relating to the powers of the Department of Education and Early Development; relating to high school course credit earned through assessment; relating to school performance reports; relating to assessments and accountability standards; providing for funding for Internet services; relating to the secondary school competency 2014-04-20 Senate Journal Page 2685 examination and related requirements; relating to charter schools and student transportation; establishing a grant program to be administered by the Association of Alaska School Boards for the purchase of student equipment and technology services; establishing a public school grant program for innovative approaches to learning; relating to correspondence study programs, funding, and student allotments; relating to residential school applications; increasing the stipend for boarding school students; relating to school construction bond debt reimbursement; relating to the local contribution to public school funding; relating to funding of and reporting by Alaska technical and vocational education programs; relating to earning high school credit for completion of vocational education courses offered by institutions receiving technical and vocational education program funding; relating to schools operated by a federal agency; relating to education tax credits; establishing an optional municipal tax exemption for privately owned real property rented or leased for use as a charter school; requiring the Legislative Budget and Audit Committee to provide for studies on the school size factor and the school district cost factor for public education funding and for a study on school staff salary and benefits; requiring the Department of Education and Early Development to report to the legislature on school design and construction; establishing a pilot project for public middle schools; and providing for an effective date" was read the third time. Senator Coghill moved that the bill be returned to second reading for all amendments offered today. Without objection, the bill was returned to second reading. Senator Meyer offered Amendment No. 1 : Page 42, line 31: Delete "AS 14.07.165(5) and" Delete "are" Insert "is" Senator Meyer moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 278(FIN) am S was automatically in third reading. 2014-04-20 Senate Journal Page 2686 SENATE CS FOR CS FOR HOUSE BILL NO. 278(FIN) am S "An Act relating to the exemption from jury service for certain teachers; relating to the powers of the Department of Education and Early Development; relating to high school course credit earned through assessment; relating to school performance reports; relating to assessments and accountability standards; providing for funding for Internet services; relating to the secondary school competency examination and related requirements; relating to charter schools and student transportation; establishing a grant program to be administered by the Association of Alaska School Boards for the purchase of student equipment and technology services; establishing a public school grant program for innovative approaches to learning; relating to correspondence study programs, funding, and student allotments; relating to residential school applications; increasing the stipend for boarding school students; relating to school construction bond debt reimbursement; relating to the local contribution to public school funding; relating to funding of and reporting by Alaska technical and vocational education programs; relating to earning high school credit for completion of vocational education courses offered by institutions receiving technical and vocational education program funding; relating to schools operated by a federal agency; relating to education tax credits; establishing an optional municipal tax exemption for privately owned real property rented or leased for use as a charter school; requiring the Legislative Budget and Audit Committee to provide for studies on the school size factor and the school district cost factor for public education funding and for a study on school staff salary and benefits; requiring the Department of Education and Early Development to report to the legislature on school design and construction; establishing a pilot project for public middle schools; and providing for an effective date" will be in third reading on the April 21 calendar. Unfinished Business HB 19 CS FOR HOUSE BILL NO. 19(RLS)(efd am) "An Act relating to permanent motor vehicle registration in the unorganized borough and in a municipality that has elected to allow permanent registration; 2014-04-20 Senate Journal Page 2687 relating to the registration fee for noncommercial trailers and to the motor vehicle tax for trailers; and providing for an effective date" was not taken up. The bill will be on the April 21 calendar. HB 32 CS FOR HOUSE BILL NO. 32(FIN) "An Act providing for the issuance of one business license for multiple lines of business; and providing for reissuance of a business license to make a change on the license" was not taken up. The bill will be on the April 21 calendar. HB 169 CS FOR HOUSE BILL NO. 169(L&C) "An Act relating to the authority of the Regulatory Commission of Alaska to regulate the production and distribution of telephone directories" which had been moved to the bottom of the calendar (page 2664), was not taken up. The bill will be on the April 21 calendar. HB 268 CS FOR HOUSE BILL NO. 268(FIN) "An Act relating to big bull moose derbies and the Snow Town Ice Classic; and relating to permits for games of chance and contests of skill" was not taken up. The bill will be on the April 21 calendar. HB 361 HOUSE BILL NO. 361 "An Act relating to licensing of behavior analysts" was not taken up. The bill will be on the April 21 calendar. Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. 2014-04-20 Senate Journal Page 2688 Engrossment HB 75 SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) "An Act amending certain audit requirements for entities receiving contributions from permanent fund dividends; requiring the three main campuses of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; relating to notice provided on the electronic dividend application form; relating to administrative costs for administering the program of contributions from permanent fund dividends; relating to a coordination fee for entities that receive contributions from permanent fund dividends; and requiring the university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 140 SENATE CS FOR CS FOR HOUSE BILL NO. 140(JUD) "An Act relating to the proposed adoption, amendment, or repeal of a regulation; and relating to contact with agencies about regulations" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 206 SENATE CS FOR CS FOR HOUSE BILL NO. 206(L&C) "An Act relating to motor vehicle service contracts; exempting motor vehicle service contracts from regulation as insurance; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 263 SENATE CS FOR CS FOR HOUSE BILL NO. 263(FIN) "An Act extending the Alaska senior benefits payment program" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 287 SENATE CS FOR CS FOR HOUSE BILL NO. 287(FIN) "An Act relating to the determination of the royalty received by the state on oil 2014-04-20 Senate Journal Page 2689 production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries; approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 75, amending certain audit requirements for entities receiving contributions from permanent fund dividends; requiring the three main campuses of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; and requiring the university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 287, relating to the determination of the royalty received by the state on oil production refined or processed in the state; providing tax credits for qualified infrastructure expenditures for in-state refineries and hydrocarbon processing facilities; and approving and ratifying the sale of royalty oil by the State of Alaska to Tesoro Corporation and Tesoro Refining and Marketing Company LLC, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 1:00 p.m., April 21, 2014. Without objection, the Senate adjourned at 4:05 a.m. Liz Clark Secretary of the Senate 2014-04-20 Senate Journal Page 2690 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled FINANCE Apr 20 Sunday Senate Finance 532 2:00 PM + Bills Previously Heard/Scheduled ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB278 Apr 21 Monday Butrovich 205 9:00 PM -- MEETING CANCELED -- HB 278 EDUCATION Apr 22 Tuesday House Finance 519 10:00 AM -- Recessed to a Call of the Chair -- = HB 278 EDUCATION