Legislature(2015 - 2016)
2016-03-14 Senate Journal
Full Journal pdf2016-03-14 Senate Journal Page 2116 HB 256 SENATE CS FOR CS FOR HOUSE BILL NO. 256(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; repealing appropriations; making supplemental appropriations; and providing for an effective date" was read the third time. Senator Gardner moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. President Meyer stated the bill would remain in second reading for all amendments offered today. There being no objection, it was so ordered. Senators Gardner, Egan, Ellis, Wielechowski offered Amendment No. 1 : Page 1, line 2, following "funds;": Insert "lapsing appropriations;" Page 12, line 24: Delete "235,111,900" Insert "238,611,900" Delete "16,596,500" Insert "20,096,500" 2016-03-14 Senate Journal Page 2117 Page 12, following line 32: Insert new material to read: "ALLOCATIONS Pre-Kindergarten 2,000,000 Grants Statewide Mentoring 1,500,000 Program" Page 13, line 17: Delete "11,730,100" Insert "12,491,900" Delete "9,811,300" Insert "10,573,100" Page 13, following line 21: Insert new material to read: "ALLOCATIONS Online With Libraries 761,800" Page 43, line 6: Delete "897,117,100" Insert "907,118,700" Delete "661,411,600" Insert "671,413,200" Page 43, line 7: Delete "-15,772,100" Insert "-5,770,500" Adjust fund sources and totals accordingly. Page 82, line 13, following "APPROPRIATIONS.": Insert "(a)" Page 82, following line 14: Insert a new subsection to read: "(b) The unexpended and unobligated general fund balances of the following appropriations, estimated to be a total of $21,506,293, lapse into the general fund on June 30, 2016: 2016-03-14 Senate Journal Page 2118 (1) sec. 1, ch. 82, SLA 2003, page 44, line 31, and allocated on page 49, lines 24 - 26 (Department of Transportation and Public Facilities, surface transportation program, Knik Arm Crossing environmental impact statement - $33,600,000); (2) sec. 7, ch. 43, SLA 2010, page 38, line 11, and allocated on page 38, lines 12 - 14 (Department of Transportation and Public Facilities, roads to resources, Ambler mining district access planning, design and engineering - $4,000,000); (3) sec. 1, ch. 5, FSSLA 2011, page 101, line 25, and allocated on page 101, lines 28 - 29 (Department of Transportation and Public Facilities, roads to resources, Ambler mining district - $1,250,000); (4) sec. 1, ch. 17, SLA 2012, page 133, line 28, and allocated on page 133, lines 29 - 30 (Department of Transportation and Public Facilities, roads to resources, Ambler mining district - $4,000,000); (5) sec. 1, ch. 16, SLA 2013, page 3, lines 28 - 31 (Department of Commerce, Community, and Economic Development, Alaska Industrial Development and Export Authority, Ambler mining district access - $8,500,000); (6) sec. 4, ch. 16, SLA 2013, page 105, lines 20 - 24 (Department of Commerce, Community, and Economic Development, Alaska Energy Authority, energy generation projects, Susitna-Watana hydroelectric project - $95,200,000); (7) sec. 1, ch. 18, SLA 2014, page 3, lines 16 - 18 (Department of Commerce, Community, and Economic Development, Alaska Industrial Development and Export Authority, Ambler mining district access project - $8,500,000); (8) sec. 1, ch. 18, SLA 2014, page 63, line 4, and allocated on page 63, lines 12 - 13 (Department of Transportation and Public Facilities, economic development, Knik Arm bridge project development - $55,000,000); (9) sec. 4, ch. 18, SLA 2014, page 87, lines 10 - 11 (Department of Commerce, Community, and Economic Development, Alaska Energy Authority, Susitna-Watana hydroelectric project - $20,000,000)." Page 82, line 25: Delete "Sections 27(b), 27(d), 31, 34(a), and 34(c)" Insert "Sections 27(b), 27(d), 31, 33(b), 34(a), and 34(c)" 2016-03-14 Senate Journal Page 2119 Senator Gardner 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 256(FIN) Second Reading Amendment No. 1? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 1 failed. Senators Gardner, Egan, Ellis, Wielechowski offered Amendment No. 2 : Page 1, line 2, following "funds;": Insert "lapsing appropriations;" Page 4, line 25: Delete "879,500" Insert "3,560,500" Delete "779,500" Insert "3,460,500" Page 4, following line 25: Insert new material to read: "ALLOCATIONS Public Broadcasting - 2,681,000 Radio" Page 9, line 11: Delete "249,201,700" Insert "249,551,700" Delete "228,477,700" Insert "228,827,700" 2016-03-14 Senate Journal Page 2120 Page 9, line 21: Delete "12,280,500" Insert "12,630,500" Page 26, line 24: Delete "11,905,700" in both places Insert "11,466,100" in both places Page 26, lines 26 - 27: Delete all material. Page 34, line 31: Delete "15,272,300" Insert "15,772,300" Delete "10,771,200" Insert "11,271,200" Page 34, line 33: Delete "15,272,300" Insert "15,772,300" Page 45, line 3: Delete "29,533,800" Insert "25,533,800" Delete "29,488,800" Insert "25,488,800" Page 45, line 11: Delete "5,699,600" Insert "1,699,600" Adjust fund sources and totals accordingly. Page 82, line 13, following "APPROPRIATIONS.": Insert "(a)" Page 82, following line 14: Insert new subsections to read: "(b) The unexpended and unobligated general fund balances of the following appropriations, estimated to be a total of $11,029,074, lapse into the general fund on June 30, 2016: 2016-03-14 Senate Journal Page 2121 (1) sec. 10, ch. 43, SLA 2010, page 99, lines 24 - 26 (Matanuska-Susitna Borough, Port MacKenzie expansion - $750,000); (2) sec. 10, ch. 43, SLA 2010, page 99, lines 27 - 31 (Matanuska-Susitna Borough, rail extension to Port MacKenzie from the Alaska Railroad main line - $35,000,000); (3) sec. 1, ch. 5, FSSLA 2011, page 37, lines 28 - 30 (Matanuska-Susitna Borough, Port MacKenzie rail extension - $30,000,000); (4) sec. 1, ch. 17, SLA 2012, page 32, lines 28 - 30 (Matanuska-Susitna Borough, Port MacKenzie rail extension - $23,500,000); (5) sec. 1, ch. 16, SLA 2013, page 21, lines 10 - 12 (Matanuska-Susitna Borough, rail extension to Port MacKenzie - $25,000,000); (6) sec. 1, ch. 18, SLA 2014, page 14, lines 3 - 4 (Matanuska- Susitna Borough, rail extension to Port MacKenzie - $13,000,000). (c) The unexpended and unobligated general fund balances of the following appropriations, estimated to be a total of $2,313,287, lapse into the general fund on June 30, 2016: (1) sec. 2(a), ch. 50, SLA 1997 (Alaska Aerospace Development Corporation, Kodiak Launch Complex - $5,000,000); (2) sec. 2(b), ch. 50, SLA 1997 (Alaska Aerospace Development Corporation, Kodiak Launch Complex - $23,000,000); (3) sec. 9(a), ch. 2, FSSLA 1999 (Alaska Aerospace Development Corporation, Kodiak Launch Complex); (4) sec. 1, ch. 82, SLA 2003, page 3, lines 15 - 16 (Department of Community and Economic Development, Kodiak launch site infrastructure - $38,000,000); (5) sec. 1, ch. 3, FSSLA 2005, page 3, lines 27 - 28 (Department of Commerce, Community, and Economic Development, Kodiak launch site infrastructure - $36,000,000); (6) sec. 1, ch. 82, SLA 2006, page 3, lines 30 - 31 (Department of Commerce, Community, and Economic Development, Kodiak Launch Complex infrastructure - $15,000,000); (7) sec. 4, ch. 30, SLA 2007, page 84, lines 31 - 32 (Department of Commerce, Community, and Economic Development, Kodiak Launch Complex infrastructure - $15,000,000); (8) sec. 13, ch. 29, SLA 2008, page 88, lines 9 - 10 (Department of Commerce, Community, and Economic Development, Kodiak Launch Complex infrastructure - $17,500,000); 2016-03-14 Senate Journal Page 2122 (9) sec. 1, ch. 15, SLA 2009, page 3, lines 9 -10 (Department of Commerce, Community, and Economic Development, Kodiak Launch Complex infrastructure - $17,500,000); (10) sec. 7, ch. 43, SLA 2010, page 19, lines 9 - 12 (Department of Commerce, Community, and Economic Development, Alaska Aerospace Corporation, Kodiak Launch Complex sustainability - $4,000,000); (11) sec 31, ch. 5, FSSLA 2011 (Department of Military and Veterans' Affairs, sustained maintenance and operations of the Alaska Aerospace Corporation and the Kodiak Launch Complex - $4,000,000)." Page 82, line 25: Delete "Sections 27(b), 27(d), 31, 34(a), and 34(c)" Insert "Sections 27(b), 27(d), 31, 33(b), 33(c), 34(a), and 34(c)" Senator Gardner moved for the adoption of Amendment No. 2. Senator MacKinnon objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 256(FIN) Second Reading Amendment No. 2? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 2 failed. Senators Ellis, Egan, Gardner, Wielechowski offered Amendment No. 3 : Page 22, line 9: Delete "298,480,500" Insert "312,792,700" Delete "147,805,100" Insert "162,117,300" 2016-03-14 Senate Journal Page 2123 Page 22, line 19: Delete "14,891,400" Insert "20,029,300" Page 22, line 23: Delete "14,183,600" Insert "23,357,900" Adjust fund sources and totals accordingly. Page 59, following line 24: Insert new subsections to read: "(f) It is the intent of the legislature that, notwithstanding AS 43.55.024, the Department of Revenue not pay a producer a tax credit in the amount specified in this subsection for each barrel of oil taxable under AS 43.55.011(e) that does not meet any of the criteria in AS 43.55.160(f) or (g) and that is produced during a calendar year after December 31, 2013, from a lease or property within a unit or nonunitized reservoir that has cumulatively produced 400,000,000 barrels of oil by the close of the most recent calendar year and from which the average daily production of oil from the unit or nonunitized reservoir during the most recent calendar year exceeded 20,000 barrels. The amount of the tax credit for a barrel of taxable oil subject to this subsection produced during a month of the calendar year is (1) $8 for each barrel of taxable oil if the average gross value at the point of production for the month is less than $80 a barrel; (2) $7 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $80 a barrel, but less than $90 a barrel; (3) $6 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $90 a barrel, but less than $100 a barrel; (4) $5 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $100 a barrel, but less than $110 a barrel; (5) $4 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $110 a barrel, but less than $120 a barrel; (6) $3 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $120 a barrel, but less than $130 a barrel; 2016-03-14 Senate Journal Page 2124 (7) $2 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $130 a barrel, but less than $140 a barrel; (8) $1 for each barrel of taxable oil if the average gross value at the point of production for the month is greater than or equal to $140 a barrel, but less than $150 a barrel. (g) It is the intent of the legislature to limit the eligibility of the refinery tax credit provided under AS 43.20.053 to in-state refineries that are headquartered in the state and are at least 51 percent owned by state residents." Page 74, line 28: Delete "$73,425,000" Insert "$63,425,000" Senator Ellis moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 256(FIN) Second Reading Amendment No. 3? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 3 failed. Senators Egan, Ellis, Gardner, Wielechowski offered Amendment No. 4 : Page 42, line 16: Delete "140,364,000" Insert "142,214,400" Delete "138,530,600" Insert "140,381,000" 2016-03-14 Senate Journal Page 2125 Page 42, lines 22 - 26: Delete all material. Page 42, line 27: Delete "20,706,100" Insert "22,556,500" Page 53, line 7: Delete "214,729,200" Insert "220,729,200" Page 53, line 13: Delete "57,628,800" Insert "51,628,800" Adjust fund sources and totals accordingly. Page 79, following line 3: Insert a new subsection to read: "(l) The sum of $6,000,000 is appropriated from the general fund to the community revenue sharing fund (AS 29.60.850)." Page 82, line 12, following "Sec. 32.": Insert "(a) The unexpended and unobligated balance, estimated to be $18,852,256, of the appropriation made in sec. 1, ch. 16, SLA 2013, page 12, lines 20 - 25 (Anchorage, U-Med district northern access - $20,000,000) is repealed. (b)" Senator Egan moved for the adoption of Amendment No. 4. Senator MacKinnon objected. Senator Stevens moved to divide the question, then moved and asked unanimous consent to withdraw his motion. There being no objection, the motion was withdrawn. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2016-03-14 Senate Journal Page 2126 SCS CSHB 256(FIN) Second Reading Amendment No. 4? YEAS: 6 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Egan, Ellis, Gardner, Stedman, Stevens, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Stoltze Absent: Olson and so, Amendment No. 4 failed. HB 256 Senators Wielechowski, Egan, Ellis, Gardner offered Amendment No. 5 : Page 1, line 2, following "funds;": Insert "lapsing appropriations;" Page 59, following line 10: Insert a new subsection to read: "(c) It is the intent of the legislature that Legislative Council not expend money on the appeal of the Superior Court decision in Alaska Legislative Council v. Governor Bill Walker, et al., Superior Court Case No. 3AN-15-09208 CI (March 1, 2016)." 2016-03-14 Senate Journal Page 2127 Reletter the following subsections accordingly. Page 82, line 13, following "APPROPRIATIONS.": Insert "(a)" Page 82, following line 14: Insert a new subsection to read: "(b) The unexpended balance, estimated to be $150,000, of that portion of the appropriation made in sec. 1, ch. 23, SLA 2015, page 42, line 28, and allocated on page 42, line 31 (Alaska Legislature, Legislative Council, council and subcommittees - $1,014,300) that was directed to the Medicaid expansion litigation, filed in Alaska Legislative Council v. Governor Bill Walker, et al., Superior Court Case No. 3AN-15-09208 CI and Alaska Legislative Council v. Governor Bill Walker, et al., Supreme Court No. S-16059, lapses into the general fund on June 30, 2016." Page 82, line 25: Delete "Sections 27(b), 27(d), 31, 34(a), and 34(c)" Insert "Sections 27(b), 27(d), 31, 33(b), 34(a), and 34(c)" Senator Wielechowski moved for the adoption of Amendment No. 5. Senator Coghill moved that Amendment No. 5 be tabled. The question being: "Shall Amendment No. 5 be tabled?" The roll was taken with the following result: Lay on the Table? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze Nays: Egan, Ellis, Gardner, Wielechowski and so, Amendment No. 5 was tabled. Senators Wielechowski, Egan, Ellis, Gardner offered Amendment No. 6 : 2016-03-14 Senate Journal Page 2128 Page 61, following line 23: Insert a new subsection to read: "(c) After money is transferred to the dividend fund under (b) of this section, the amount calculated under AS 37.13.145(c) to offset the effect of inflation on the principal of the Alaska permanent fund during the fiscal year ending June 30, 2017, estimated to be $896,000,000, is appropriated from the earnings reserve account (AS 37.13.145) to the principal of the Alaska permanent fund." Reletter the following subsection accordingly. Page 82, line 12: Delete all material and insert: "* Sec. 32. Section 11(a), ch. 23, SLA 2015, is repealed." Senator Wielechowski moved for the adoption of Amendment No. 6. Senator MacKinnon objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 256(FIN) Second Reading Amendment No. 6? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 6 failed. Senator Wielechowski moved that Amendment No. 5 be taken from the table. The question being: "Shall Amendment No. 5 be taken from the table?" The roll was taken with the following result: Take Amendment No. 5 from Table? 2016-03-14 Senate Journal Page 2129 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, the motion failed. Senators Gardner, Egan, Ellis, Wielechowski offered Amendment No. 7 : Page 5, line 12: Delete "830,500" in both places Insert "1,030,500" in both places Page 5, line 13: Delete "830,500" Insert "1,030,500" Adjust fund sources and totals accordingly. Senator Gardner moved for the adoption of Amendment No. 7. Senator MacKinnon objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 256(FIN) Second Reading Amendment No. 7? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 7 failed. 2016-03-14 Senate Journal Page 2130 Senators Egan, Ellis, Gardner, Wielechowski offered Amendment No. 8 : Page 44, lines 7 - 10: Delete all material. Adjust fund sources and totals accordingly. Senator Egan moved for the adoption of Amendment No. 8. Senator MacKinnon objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 256(FIN) Second Reading Amendment No. 8? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Egan, Ellis, Gardner, Wielechowski Nays: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze and so, Amendment No. 8 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 256(FIN) was automatically in third reading. Senator MacKinnon moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator MacKinnon was required to vote. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 256(FIN) "An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; repealing appropriations; making supplemental appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2016-03-14 Senate Journal Page 2131 SCS CSHB 256(FIN) Third Reading - Final Passage Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Stoltze Nays: Egan, Ellis, Gardner, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 256(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.