Legislature(2009 - 2010)
2010-02-22 Senate Journal
Full Journal pdf2010-02-22 Senate Journal Page 1609 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday February 22, 2010 Thirty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:03 a.m. The roll showed sixteen members present. Senators French, Kookesh, McGuire, Wielechowski were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Sam Dalin of the River of Glory Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Father of Heaven and Earth, We give thanks to God who gives us victory through our Lord Jesus Christ. As these men and women serve the great state of Alaska we thank you for the victory even before the business begins. Heavenly Father, there are so many decisions before us this day. We come to ask for intervention from above. We rely on, put our trust in you for the great state of Alaska. You, Father, can help us as we ask you to guide and direct our path as we move forward with the task at hand. Grant us divine favor this day on each and every decision made. Let us be aware that your goodness and presence is upon us as we go about this business. Let every decision we make be guided by your hand, Almighty God. We lean not on our own understanding, but we lean on and trust in you. 2010-02-22 Senate Journal Page 1610 Thank you for Alaska and these men and women who humbly serve. In the name of the Father, Son, and Holy Spirit. Amen. Senator Meyer led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the thirty-second through thirty-fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports SB 120 The Community and Regional Affairs Committee considered SENATE BILL NO. 120 "An Act relating to an optional exemption from municipal property taxes for residential property" and recommended it be replaced with CS FOR SENATE BILL NO. 120(CRA) Signing do pass: Senator Thomas, Vice Chair; Senators French, Menard, Kookesh. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. 2010-02-22 Senate Journal Page 1611 Introduction and Reference of Senate Resolutions SR 10 SENATE RESOLUTION NO. 10 BY SENATOR WAGONER, Supporting expansion of the use of domestic natural gas and alternative energies and urging agencies to use vehicles that run on compressed natural gas. was read the first time and referred to the Resources Committee. Introduction and Reference of Senate Bills SB 286 SENATE BILL NO. 286 BY SENATORS WIELECHOWSKI, Menard, Davis, entitled: "An Act allowing peace officers to use purchased credit to satisfy the credited service requirements for retiree medical benefits." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 287 SENATE BILL NO. 287 BY SENATORS MCGUIRE, Davis, entitled: "An Act amending the powers and duties of the Alaska Railroad Corporation and the Alaska Housing Finance Corporation related to the exercise of authority to purchase, transport, and sell natural gas produced on the North Slope for in-state use, and transferring exclusive and primary responsibility for the initiation and development of that project from the Office of the Governor and the Department of Natural Resources to those corporations; and providing for an effective date." 2010-02-22 Senate Journal Page 1612 was read the first time and referred to the Resources and Finance Committees. SB 288 SENATE BILL NO. 288 BY SENATOR HUGGINS, entitled: "An Act relating to the disposition of human remains." was read the first time and referred to the State Affairs and Judiciary Committees. SB 289 SENATE BILL NO. 289 BY SENATOR HUGGINS, entitled: "An Act relating to the adoption of the Uniform Disclaimer of Property Interests Act, to the exemption from creditors of certain retirement plan interests, and to the disclaimer of property rights under the Uniform Probate Code." was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 290 SENATE BILL NO. 290 BY SENATOR WAGONER, entitled: "An Act providing a credit against the tax on the production of oil and gas for drilling certain exploration wells in the Cook Inlet sedimentary basin." was read the first time and referred to the Resources and Finance Committees. SB 291 SENATE BILL NO. 291 BY SENATORS HUGGINS, Menard, entitled: 2010-02-22 Senate Journal Page 1613 "An Act relating to nuclear facilities and nuclear energy production and the transportation of nuclear waste material; amending the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority; amending the definition of 'alternative energy system' as it relates to the conservation of energy and materials; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 194 SENATE BILL NO. 194 "An Act relating to civil damages for certain alcohol violations" was read the second time. Senator Egan moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1566. Without objection, CS FOR SENATE BILL NO. 194(JUD) "An Act relating to penalties and civil damages for certain alcohol violations" 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. 194(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 194(JUD) "An Act relating to penalties and civil damages for certain alcohol violations" pass the Senate?" The roll was taken with the following result: 2010-02-22 Senate Journal Page 1614 CSSB 194(JUD) Third Reading - Final Passage YEAS: 15 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner Nays: Coghill Excused: French, Kookesh, McGuire, Wielechowski and so, CS FOR SENATE BILL NO. 194(JUD) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Dr. Roberta Stell Senator(s) Egan, Stevens, Bunde, Coghill, Davis, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Service High School Boys Cross Country Running, 2009 4A State Champions Representative(s) Millett Senator(s) Meyer, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Dr. George Brown Representative(s) Kerttula, Munoz Senator(s) Egan, Stevens, Bunde, Coghill, Davis, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Frank Jackson Schreiber Representative(s) Fairclough Senator(s) Dyson, Stevens, Bunde, Coghill, Davis, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2010-02-22 Senate Journal Page 1615 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 Huggins moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 26 through evening plane time, February 28. Without objection, Senator Huggins was excused. Senator Menard moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 3 through evening plane time, March 7. Without objection, Senator Menard was excused. Announcements Announcements are at the end of the journal. Engrossment SB 194 CS FOR SENATE BILL NO. 194(JUD) "An Act relating to penalties and civil damages for certain alcohol violations" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 24, 2010. Without objection, the Senate adjourned at 11:36 a.m. Kirsten Waid Secretary of the Senate 2010-02-22 Senate Journal Page 1616 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 23 Tuesday Beltz 105 (tsbldg) 3:30 PM + HB 276 FORT ROUSSEAU CAUSEWAY HIST PARK Bills Previously Heard/Scheduled Feb 25 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 22 Monday Beltz 105 (tsbldg) 8:00 AM += SB 224 POSTSECONDARY SCHOLARSHIPS Bills Previously Heard/Scheduled Feb 24 Wednesday Capitol 106 8:00 AM + Joint w/(H) Education Committee Board of Regents UA Report Feb 26 Friday Beltz 105 (tsbldg) 8:00 AM + SB 283 LEGAL AGE FOR SCHOOL ATTENDANCE += SB 224 POSTSECONDARY SCHOLARSHIPS + Bills Previously Heard/Scheduled ---------------------------------------- 2010-02-22 Senate Journal Page 1617 FINANCE Feb 22 Monday Senate Finance 532 9:00 AM + Production Tax Review: Tax Rates, Net Profit Sharing, Government Take Dept of Revenue & other Administrative Representatives -- Testimony <Invitation Only> -- Gas Value Under ACES Tax Provisions <Postponed to 2/24/10> Bills Previously Heard/Scheduled Feb 22 Monday Senate Finance 532 2:30 PM -- MEETING CANCELED -- + Production Tax Review -- Testimony <Invitation Only> -- Feb 23 Tuesday Senate Finance 532 9:00 AM + Production Tax Review: Industry Testimony -- Testimony <Invitation Only> -- Technical Review & Perspective <Above Item Removed from Agenda> Legislative Consultants <Above Item Removed from Agenda> Feb 23 Tuesday Senate Finance 532 2:30 PM + Production Tax Review + Bills Previously Heard/Scheduled += SB 159 WORKERS' COMPENSATION FUNERAL EXPENSES += SB 163 MAXIMUM BENEFIT FROM FISHERMEN'S FUND += SB 199 MEDICAID COVERAGE FOR DENTURES Feb 24 Wednesday Senate Finance 532 9:00 AM + Gas Value under ACES Tax Provisions Dept of Revenue & Administration Representatives -- Testimony <Invitation Only> -- 2010-02-22 Senate Journal Page 1618 FINANCE (continued) Feb 24 Wednesday Senate Finance 532 1:30 PM + Alaska Oil/Gas Fiscal Regime Legislative Consultants + Bills Previously Heard/Scheduled Feb 25 Thursday Senate Finance 532 9:00 AM + Gas Tax -- Testimony <Invitation Only> -- Feb 25 Thursday Senate Finance 532 2:30 PM + Gas Tax + Bills Previously Heard/Scheduled Feb 26 Friday Senate Finance 532 9:00 AM + Gas Tax + Bills Previously Heard/Scheduled Feb 26 Friday Senate Finance 532 1:30 PM + Gas Tax + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 22 Monday Butrovich 205 1:30 PM += SB 168 TRAUMA CARE CENTERS/FUND Bills Previously Heard/Scheduled Feb 24 Wednesday Butrovich 205 1:30 PM + Presentation: Best Beginnings Bills Previously Heard/Scheduled Feb 26 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2010-02-22 Senate Journal Page 1619 JUDICIARY Feb 22 Monday Beltz 105 (tsbldg) 1:30 PM -- MEETING CANCELED -- + SJR 21 CONST. AM: INCREASE NUMBER OF LEGISLATORS + SB 265 2010 REVISOR'S BILL += SB 252 FAILURE TO APPEAR; RELEASE PROCEDURES + SB 241 POST-CONVICTION DNA TESTING; EVIDENCE + Bills Previously Heard/Scheduled Feb 24 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 209 STATE COUNCIL ON THE ARTS; REGULATIONS + SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST + SB 244 GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES + Bills Previously Heard/Scheduled Feb 26 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 23 Tuesday Beltz 105 (tsbldg) 2:00 PM Bills Previously Heard/Scheduled Feb 25 Thursday Beltz 105 (tsbldg) 2:00 PM + SB 279 MORTGAGE LENDING + SB 234 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 22 Monday Butrovich 205 3:30 PM += SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY + SB 277 PUB. UTILITY EXEMPTION: RENEWABLE ENERGY Bills Previously Heard/Scheduled Feb 24 Wednesday Senate Finance 532 12:00 PM -- Time and Location Change -- + Joint w/(H) Resources Presentations: Alaska Mining -- Testimony <Invitation Only> -- 2010-02-22 Senate Journal Page 1620 RESOURCES (continued) Feb 24 Wednesday Butrovich 205 3:30 PM Overview: Alaska Railroad Bonding Authority and Gasline Development += SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY Bills Previously Heard/Scheduled Feb 25 Thursday Butrovich 205 3:30 PM += SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY += SB 203 COOK INLET GAS STORAGE FACILITIES Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Feb 23 Tuesday Beltz 105 (tsbldg) 9:00 AM + HB 274 ESTABLISHING PURPLE HEART DAY + SB 259 LEGISLATIVE AUDIT DIVISION POWERS <Bill Hearing Postponed> + Bills Previously Heard/Scheduled Feb 25 Thursday Beltz 105 (tsbldg) 9:00 AM + SB 266 VIOLENT CRIMES EMERGENCY COMPENSATION + SB 278 LEAVE FOR MILITARY SPOUSES + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 23 Tuesday Butrovich 205 1:00 PM + SB 272 RENTAL CAR CHARGES Feb 25 Thursday Butrovich 205 1:00 PM += HB 114 USE STATE TRANS FACILITY FOR DISASTER AID + SB 280 SAM SCHUYLER MEMORIAL BRIDGE ---------------------------------------- 2010-02-22 Senate Journal Page 1621 FINANCE SUBCOMMITTEES ADMINISTRATION Feb 24 Wednesday Beltz 105 (tsbldg) 3:30 PM + Enterprise Technology Services -- Testimony <Invitation Only> -- ---------------------------------------- CORRECTIONS Feb 23 Tuesday Fahrenkamp 203 5:00 PM Population Management Mar 02 Tuesday Fahrenkamp 203 5:00 PM Population Management (if necessary) Mar 09 Tuesday Fahrenkamp 203 5:00 PM Inmate Health Care Mar 16 Tuesday Fahrenkamp 203 5:00 PM Closeout ---------------------------------------- COURT SYSTEM 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 ---------------------------------------- 2010-02-22 Senate Journal Page 1622 FINANCE SUBCOMMITTEES (continued) EDUCATION & EARLY DEVELOPMENT 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 ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 23 Tuesday Butrovich 205 4:00 PM Environmental Health/Building Maintenance & Operations/Division of Water Mar 02 Tuesday Fahrenkamp 203 3:30 PM Division of Water (if necessary) Mar 09 Tuesday Fahrenkamp 203 3:30 PM Spill Prevention & Response Mar 16 Tuesday Fahrenkamp 203 3:30 PM Closeout ---------------------------------------- FISH & GAME Feb 22 Monday Senate Finance 532 3:00 PM Dept Overview Mar 15 Monday Senate Finance 532 3:00 PM Closeout ---------------------------------------- 2010-02-22 Senate Journal Page 1623 FINANCE SUBCOMMITTEES (continued) 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 2010-02-22 Senate Journal Page 1624 FINANCE SUBCOMMITTEES (continued) LAW (continued) 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 Sen Conf Rm 103 Tsb 4:15 PM -- Time and Location Change -- + Division of Agriculture Office of Project Management State Parks -- Testimony <Invitation Only> -- Support Services Division <Above Item Removed from Agenda> Feb 24 Wednesday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- + Division of Mining, Land and Water Division of Geological and Geophysical Services -- Testimony <Invitation Only> -- 2010-02-22 Senate Journal Page 1625 FINANCE SUBCOMMITTEES (continued) NATURAL RESOURCES (continued) Mar 02 Tuesday Sen Conf Rm 103 Tsb 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> -- ---------------------------------------- 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 2010-02-22 Senate Journal Page 1626 FINANCE SUBCOMMITTEES (continued) REVENUE (continued) 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 Mar 16 Tuesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- 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> -- 2010-02-22 Senate Journal Page 1627 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 -- MEETING CANCELED -- + Presentation to Full Legislature: Native Education Issues ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS Feb 24 Wednesday Butrovich 205 12:00 PM + "Tending the Net" ---------------------------------------- JOINT SESSION 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 ---------------------------------------- 2010-02-22 Senate Journal Page 1628 OTHER MEETINGS (continued) UNIVERSITY BOOSTERS CAUCUS Feb 22 Monday Beltz 105 (tsbldg) 3:30 PM -- Location Change -- Student Leaders Report