Legislature(2009 - 2010)
2010-02-17 Senate Journal
Full Journal pdf2010-02-17 Senate Journal Page 1543 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 17, 2010 Thirtieth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:00 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Selina Everson, Tlingit Elder. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Precious Heavenly Father, we look to you this morning. Be with all of us here in the Senate chamber and the House. Be with them as they do their work for the State of Alaska. Be with their families as they are away from their loved ones. Be with the governor of our state and his family. We pray that you will guide them through difficult times and through good times, and most of all, we ask that you care for and guide them in all matters that they discuss in these sacred chambers of the Senate. And now, in my language, I will repeat the Lord's Prayer. Dikée Aankáawu X'agáax'i - The Lord's Prayer Dikéex' yéi yateeyí haa éesh Katooshéex' I saayí Wé dikée kustí yáx, yaa diyéex' haat gagoot, ya Lingít Aaní kaadéi 2010-02-17 Senate Journal Page 1544 Wé dikée kustí yáx kugaax toostee Haa jeet sa.há, a eeteenáx haa yateeyí at Ka haa lushk'eiyí ch'a aadéi yéi na.óo Ch'a waa sá aadéi yéi too.úx.x'u yáx, At géit haaw sineiyí káa Tlél ayáx uwateeyí kustí nák ya haa shugagú Ka haax saneix a jeedáx Ch'as wa.é áwé, yei haa kgasaneix I latseení ka i saayí tóonáx Yéi ngatee / Yei áyá yan shoowtusitán Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the twenty-eighth and twenty-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 15 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 26 HOUSE JOINT RESOLUTION NO. 26 BY REPRESENTATIVES FAIRCLOUGH, Joule, R. Foster, Thomas, Stoltze, Herron, Harris, P.Wilson, Austerman, Kerttula, Dahlstrom, Johansen, Urging the United States Congress to adequately fund land surveys in Alaska in order to issue patents to the State of Alaska and Alaska Native corporations. 2010-02-17 Senate Journal Page 1545 was read the first time and referred to the Resources Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: 2010 Progress Report on Equal Employment Opportunity and Affirmative Action in Alaska State Government from Nicki Neal, Director, Division of Personnel & Labor Relations, Department of Administration in accordance with AS 39.28.020(a)(12) Department of Education and Early Development Annual Report to the Legislature from Larry LeDoux, Commissioner in accordance with AS 14.03.078 Standing Committee Reports SB 209 The Education Committee considered SENATE BILL NO. 209 "An Act providing the Alaska State Council on the Arts the authority to adopt regulations relating to its statutory powers and duties; and providing for an effective date." Signing do pass: Senators Thomas, Meyer, Cochairs; Senators Davis, Stevens, Huggins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Education and Early Development The bill was referred to the Judiciary Committee. SB 258 The Health and Social Services Committee considered SENATE BILL NO. 258 "An Act prohibiting health care insurers that provide dental care coverage from setting a minimum age for receiving dental care coverage, allowing those insurers to set a maximum age for receiving 2010-02-17 Senate Journal Page 1546 dental care coverage as a dependent, and prohibiting those insurers from setting fees that a dentist may charge for dental services not covered under the insurer's policy." Signing do pass: Senator Davis, Chair; Senators Ellis, Thomas. Signing no recommendation: Senator Paskvan. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Labor and Commerce Committee. SB 265 The State Affairs Committee considered SENATE BILL NO. 265 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Signing do pass: Senator Menard, Chair; Senator Meyer. Signing no recommendation: Senator French. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Judiciary Committee. Introduction and Reference of Senate Bills SB 282 SENATE BILL NO. 282 BY SENATOR WIELECHOWSKI, entitled: "An Act relating to the amount of the transfer from the earnings reserve account of the Alaska permanent fund for 2010 permanent fund dividends; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2010-02-17 Senate Journal Page 1547 Consideration of the Calendar Second Reading of Senate Bills SB 83 SENATE BILL NO. 83 "An Act repealing the governor's committee on employment of people with disabilities; creating the state vocational rehabilitation committee and relating to the committee; and providing for an effective date" was read the second time. Senator Paskvan, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 176. Without objection, CS FOR SENATE BILL NO. 83(L&C) "An Act repealing the Governor's Committee on Employment of People with Disabilities; creating the State Vocational Rehabilitation Committee and relating to the committee; and providing for an effective date" was adopted. Senator Ellis 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. CS FOR SENATE BILL NO. 83(L&C) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 83(L&C) "An Act repealing the Governor's Committee on Employment of People with Disabilities; creating the State Vocational Rehabilitation Committee and relating to the committee; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 83(L&C) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, CS FOR SENATE BILL NO. 83(L&C) passed the Senate. 2010-02-17 Senate Journal Page 1548 Senator Ellis 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. Citations Honoring - Dr. Robyn Rehmann Senator(s) Davis, Stevens, Bunde, Coghill, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Emma Jane Pease Burton Senator(s) Davis, Stevens, Bunde, Coghill, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Ellis moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Olson moved and asked unanimous consent to be excused from a call of the Senate on February 18. Without objection, Senator Olson was excused. Senator Olson moved and asked unanimous consent to withdraw a prior excusal motion for February 17 (page 1525). Without objection, the motion was withdrawn. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 2 through afternoon plane time, March 8. Without objection, Senator Dyson was excused. Senator McGuire moved and asked unanimous consent to be excused from a call of the Senate on February 19 and on February 22. Without objection, Senator McGuire was excused. 2010-02-17 Senate Journal Page 1549 Senator Wagoner moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 19 through plane time, February 22. Without objection, Senator Wagoner was excused. Senator Huggins moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 17 through evening plane time, February 21. Without objection, Senator Huggins was excused. SB 138 Senator Egan moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 138 "An Act relating to a corporation income tax credit for contributions by a person owning or operating a commercial passenger vessel to a qualified trade association that was awarded a contract by the Department of Commerce, Community, and Economic Development, and used for planning and executing a destination tourism marketing campaign." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SB 83 CS FOR SENATE BILL NO. 83(L&C) "An Act repealing the Governor's Committee on Employment of People with Disabilities; creating the State Vocational Rehabilitation Committee and relating to the committee; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2010-02-17 Senate Journal Page 1550 Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., February 18, 2010. Without objection, the Senate adjourned at 11:33 a.m. Kirsten Waid Secretary of the Senate 2010-02-17 Senate Journal Page 1551 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 COMMUNITY & REGIONAL AFFAIRS Feb 18 Thursday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Feb 17 Wednesday Beltz 105 (tsbldg) 8:00 AM + SB 213 FUNDING FOR SCHOOL MEALS Bills Previously Heard/Scheduled Feb 19 Friday Beltz 105 (tsbldg) 8:00 AM += SB 224 POSTSECONDARY SCHOLARSHIPS Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Feb 17 Wednesday Senate Finance 532 9:00 AM + Production Tax Review: Lease Expenditures Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- Feb 17 Wednesday Senate Finance 532 1:30 PM + Production Tax Review: Lease Expenditures Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- 2010-02-17 Senate Journal Page 1552 FINANCE (continued) Feb 18 Thursday Senate Finance 532 9:00 AM + Production Tax Review: Tax Credits Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- Feb 18 Thursday Senate Finance 532 1:30 PM Production Tax Review: + Tax Credits Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- Feb 19 Friday Senate Finance 532 9:00 AM + Production Tax Review: Tax Payment Penalties Revenue Forecasting/Modeling Under Historical Tax Regimes Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- Feb 20 Saturday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 21 Sunday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 22 Monday Senate Finance 532 9:00 AM + Production Tax Review: Tax Rates, Net Profit Sharing, Government Take Gas Value Under ACES Tax Provisions Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- Feb 22 Monday Senate Finance 532 1:30 PM + Production Tax Review -- Testimony <Invitation Only> -- Feb 23 Tuesday Senate Finance 532 9:00 AM + Production Tax Review: Technical Review & Perspective Legislative Consultants -- Testimony <Invitation Only> -- 2010-02-17 Senate Journal Page 1553 FINANCE (continued) Feb 23 Tuesday Senate Finance 532 1:30 PM + Production Tax Review: Technical Review & Perspective Legislative Consultants -- Testimony <Invitation Only> -- ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 17 Wednesday Butrovich 205 1:30 PM Bill Previously Heard/Scheduled += SB 219 TRAUMATIC BRAIN INJURY:PROGRAM/MEDICAID + Presentations: The AK Mental Health Trust Authority - "Bring the Kids Home Initiative" The AK Mental Health Board - "Fetal Alcohol Spectrum Disorder" Citizen Review Panel - Update on Office of Children's Services + Bills Previously Heard/Scheduled Feb 19 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 17 Wednesday Beltz 105 (tsbldg) 1:30 PM += HB 186 AK FIREARMS EXEMPT FROM FED. REGULATION + Confirmation Hearing: Select Cmte on Legislative Ethics + Bills Previously Heard/Scheduled Feb 19 Friday Beltz 105 (tsbldg) 1:30 PM + SB 92 U.S. PRESIDENTIAL ELECTION COMPACT + SB 257 YOUTH COURTS AND CRIMINAL FINES + Bills Previously Heard/Scheduled ---------------------------------------- 2010-02-17 Senate Journal Page 1554 LABOR & COMMERCE Feb 18 Thursday Beltz 105 (tsbldg) 2:00 PM -- MEETING CANCELED -- Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 17 Wednesday Butrovich 205 3:30 PM + SB 267 OIL AND GAS PRODUCTION TAX += SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY <Bill Hearing Canceled> Bills Previously Heard/Scheduled Feb 18 Thursday Butrovich 205 3:30 PM += SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Feb 18 Thursday Beltz 105 (tsbldg) 9:00 AM + SB 260 ELECTRIC & TELEPHONE COOPERATIVES' VOTING + SB 261 ALCOHOLIC BEVERAGE CONTROL BD MEMBERS + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 18 Thursday Butrovich 205 1:00 PM + Joint w/(H) Transportation Presentation by Marine Transportation Advisory Board (MTAB) Update: Alaska Marine Highway System, by Jim Beedle, Deputy Commissioner, Marine Operations, DOT/PF ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 17 Wednesday Beltz 105 (tsbldg) 3:30 PM + Oil & Gas Conservation Commission + Public Offices Commission -- Testimony <Invitation Only> -- 2010-02-17 Senate Journal Page 1555 ADMINISTRATION (continued) Feb 24 Wednesday Beltz 105 (tsbldg) 3:30 PM + Enterprise Technology Services -- Testimony <Invitation Only> -- ---------------------------------------- COURT SYSTEM Feb 18 Thursday Sen Conf Rm 103 Tsb 3:30 PM + Overview Feb 25 Thursday Sen Conf Rm 103 Tsb 4:00 PM + FY11 Budget Request Mar 02 Tuesday Sen Conf Rm 103 Tsb 4:00 PM + FY11 Budget Request Mar 11 Thursday Sen Conf Rm 103 Tsb 4:00 PM + FY11 Budget Request Mar 18 Thursday Sen Conf Rm 103 Tsb 4:00 PM + Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 18 Thursday Sen Conf Rm 103 Tsb 5:00 PM + FY11 Budget Request Feb 26 Friday Sen Conf Rm 103 Tsb 3:00 PM + FY11 Budget Request Mar 10 Wednesday Sen Conf Rm 103 Tsb 12:00 PM + FY11 Budget Request Mar 17 Wednesday Sen Conf Rm 103 Tsb 12:00 PM + Closeout ---------------------------------------- FISH & GAME Feb 22 Monday Senate Finance 532 3:00 PM Dept Overview 2010-02-17 Senate Journal Page 1556 FISH & GAME (continued) Mar 15 Monday Senate Finance 532 3:00 PM Closeout ---------------------------------------- GOVERNOR Feb 24 Wednesday Senate Finance 532 3:00 PM Dept Overview Mar 17 Wednesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 12 Friday Beltz 105 (tsbldg) 3:30 PM + Pre-Closeout and Question/Answer Session -- Testimony <Invitation Only> -- Mar 17 Wednesday Beltz 105 (tsbldg) 3:00 PM + Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 23 Tuesday Sen Conf Rm 103 Tsb 12:00 PM DOLWD Budget Overview by Commissioner Clark Bishop; Dept Overview and Introduction of Division Directors; Commissioner's Office, Administrative Services Feb 25 Thursday Sen Conf Rm 103 Tsb 12:00 PM DOLWD Overview Continued - Other Items of Interest or Concern ---------------------------------------- LAW Feb 23 Tuesday Sen Conf Rm 103 Tsb 1:00 PM -- Time Change -- Budget Overview: Department of Law 2010-02-17 Senate Journal Page 1557 LAW (continued) Feb 23 Tuesday Sen Conf Rm 103 Tsb 1:30 PM Budget Overview: Department of Law Mar 09 Tuesday Sen Conf Rm 103 Tsb 1:30 PM Budget Detail Mar 16 Tuesday Fahrenkamp 203 1:30 PM Closeout ---------------------------------------- LEGISLATURE Feb 24 Wednesday Senate Finance 532 3:30 PM Dept Overview Mar 17 Wednesday Senate Finance 532 3:15 PM Closeout ---------------------------------------- NATURAL RESOURCES Feb 23 Tuesday Fahrenkamp 203 3:30 PM -- Time Change -- + Division of Agriculture Office of Project Management & Permitting Support Services Division <Above Item Removed from Agenda> State Parks -- Testimony <Invitation Only> -- Feb 24 Wednesday Fahrenkamp 203 1:30 PM + Division of Mining, Land and Water Division of Geological and Geophysical Services -- Testimony <Invitation Only> -- Mar 09 Tuesday Fahrenkamp 203 1:00 PM Discussion -- Testimony <Invitation Only> -- Mar 16 Tuesday Fahrenkamp 203 3:00 PM + CLOSE OUT -- Testimony <Invitation Only> -- ---------------------------------------- 2010-02-17 Senate Journal Page 1558 PUBLIC SAFETY Feb 25 Thursday Fahrenkamp 203 1:00 PM -- Time Change -- + Domestic Violence & Sexual Assault Programs -- Testimony <Invitation Only> -- Mar 11 Thursday Fahrenkamp 203 1:00 PM + Pre-Closeout & Question/Answer Session -- Testimony <Invitation Only> -- Mar 18 Thursday Fahrenkamp 203 1:00 PM + Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Feb 25 Thursday Sen Conf Rm 103 Tsb 1:00 PM -- Time Change -- Budget Overview: Dept of Revenue Mar 11 Thursday Sen Conf Rm 103 Tsb 1:30 PM Budget Detail Mar 18 Thursday Sen Conf Rm 103 Tsb 1:30 PM Subcommittee closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Feb 23 Tuesday Fahrenkamp 203 8:00 AM Budget Overview: Dept of Transportation Mar 09 Tuesday Fahrenkamp 203 8:00 AM Budget Details Mar 16 Tuesday Fahrenkamp 203 8:00 AM Closeout ---------------------------------------- UNIVERSITY OF ALASKA Feb 24 Wednesday Senate Finance 532 8:00 AM Dept Overview 2010-02-17 Senate Journal Page 1559 UNIVERSITY OF ALASKA (continued) Mar 16 Tuesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- SPECIAL COMMITTEES ENERGY Feb 18 Thursday Beltz 105 (tsbldg) 1:30 PM -- Location Change -- + Overview: Alaska Statewide Digital Mapping Initiative Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Feb 25 Thursday Senate Finance 532 4:00 PM + RPL's Audits - Executive Session AEA Renewable Energy Project Update Other Committee Business -- Testimony <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Feb 18 Thursday Senate Finance 532 4:30 PM Sanctioning of a Charitable Event: Dare to Care Banquet FY11 Legislative Council Budget Proposal Executive Session: Property Purchase ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Feb 17 Wednesday Sen Conf Rm 103 Tsb 9:00 AM -- Recessed to 4:00 pm Room 111 -- Senate Subcommittee Public Comment Executive Session Public Session 2010-02-17 Senate Journal Page 1560 SELECT COMMITTEE ON LEGISLATIVE ETHICS (continued) Feb 17 Wednesday Fahrenkamp 203 3:00 PM -- Public Comment -- + Chair/Staff Report: Update on Ethics Disclosures Due Feb. 17 Ethics Training Update Informal Advice Staff Report Outreach - Visiting Legislative Offices During the Interim Committee Member Appointments and Confirmations Legislation: Update on HB 193, Legislative Ethics Rules of Procedures: Sec 5 - Executive Sessions Sec 6 - Teleconference Other Business ---------------------------------------- OTHER MEETINGS BUSH CAUCUS Feb 25 Thursday House Finance 519 4:00 PM Presentation by Southcentral Foundation & Cook Inlet Tribal Council Presentation Outline: Services Provided, Innovative Programs, Partnership Roles with the State, Numbers Served, Efforts on Telemedicine. Mar 03 Wednesday Capitol 106 4:00 PM + Presentation to Full Legislature: Native Education Issues ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS Feb 24 Wednesday Butrovich 205 12:00 PM + "Tending the Net" ---------------------------------------- 2010-02-17 Senate Journal Page 1561 JOINT SESSION Feb 18 Thursday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator Mar 31 Wednesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETINGS Mar 29 Monday Senate Finance 532 1:00 PM School District Legislative Fly-In Informal Q&A Session Regarding Alaska's Public School System ---------------------------------------- UNIVERSITY BOOSTERS CAUCUS Feb 22 Monday Beltz 105 (tsbldg) 3:30 PM -- Location Change -- Student Leaders Report