Legislature(2009 - 2010)
2010-04-01 Senate Journal
Full Journal pdf2010-04-01 Senate Journal Page 2057 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Thursday April 1, 2010 Seventy-third Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:02 a.m. The roll showed nineteen members present. Senator Wagoner was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Mike Rose of Juneau Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. This is the day that the Lord has made. We will rejoice and be glad in it. Father, we do rejoice today in the beauty and splendor of your creation. Thank you for the freedoms that we enjoy here in this great nation. Lord, we do pray that our nation will turn from any behavior that erodes the foundations of freedom. Even as our founding fathers saw the necessity of religion combined with morality, may we reflect on this indispensable combination of virtue. May we remember the words of Samuel Adams who said: "Religion and good morals are the only solid foundation of public liberty and happiness." Your word reminds us that righteousness exalts a nation but sin is a reproach to any people. Help us to continue to honor the truths and principles that made this nation the greatest nation on earth. We ask that you will bless the Senate today with your presence, your wisdom, and your guidance. In your wonderful name I pray. Amen. 2010-04-01 Senate Journal Page 2058 Senator Wielechowski led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journal for the seventy-second legislative day and House and Senate Joint Journal Supplement No. 15 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HB 307 Message was read stating the Governor signed the following bill on March 31 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 307 "An Act relating to sexual assault protective orders." Chapter 4, SLA 2010 Effective Date: 6/29/10 Letter dated March 31 was read, stating in accordance with Article III Section 26 of the Alaska Constitution, and AS 39.05.080, I submit the following names for legislative confirmation of appointment to the positions noted below: Board of Fisheries Thomas G. Kluberton - Talkeetna Appointed: 3/30/2010 Term Expires: 6/30/2013 Claude "Vince" Webster - King Salmon Appointed: 7/1/2007 Reappointed: 3/30/2010 Term Expires: 6/30/2013 The appointments were referred to the Resources Committee. 2010-04-01 Senate Journal Page 2059 The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. Messages from the House SB 274 Message dated March 31 was read stating the House passed and returned: CS FOR SENATE BILL NO. 274(RES) "An Act naming the new state fish hatchery on the Elmendorf Air Force Base the William Jack Hernandez Sport Fish Hatchery." The bill was referred to the Secretary for enrollment. Message dated March 31 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 51 HOUSE JOINT RESOLUTION NO. 51 BY REPRESENTATIVE KELLER, Supporting certain changes to proposed regulations to implement the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. was read the first time and referred to the Labor and Commerce Committee. First Reading and Reference of House Bills HB 52 HOUSE BILL NO. 52 BY REPRESENTATIVES KERTTULA, Dahlstrom, Fairclough, Hawker, Tuck, entitled: 2010-04-01 Senate Journal Page 2060 "An Act authorizing psychological counseling for jurors serving in criminal trials who are traumatized by graphic evidence or testimony." was read the first time and referred to the Judiciary and Finance Committees. HB 202 CS FOR HOUSE BILL NO. 202(CRA) BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act relating to municipal building code requirements for fire sprinkler systems in certain residential buildings." was read the first time and referred to the State Affairs and Labor and Commerce Committees. HB 314 CS FOR HOUSE BILL NO. 314(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to fees and charges for medical treatment or services, civil damages, and penalties as they relate to workers' compensation; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 386 CS FOR HOUSE BILL NO. 386(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act establishing a uniform format and procedure for citations for certain violations of state law; relating to the form, issuance, and disposition of citations for certain violations; relating to certain crimes and penalties for noncompliance with citations; and providing for an effective date." 2010-04-01 Senate Journal Page 2061 was read the first time and referred to the Judiciary Committee. Standing Committee Reports Report dated March 31 was read stating: In accordance with AS 24.60.130, the Judiciary Committee reviewed the following and recommends the appointment be forwarded to the Senate floor for consideration: Select Committee on Legislative Ethics Antoinette Mallot This does not reflect an intent by any of the members to vote for or against the confirmation of the individual during any further sessions. Signing the report: Senator French, Chair; Senators Wielechowski, Coghill. Select Committee on Legislative Ethics - Confirmation Senator Ellis moved that Antoinette Mallot be confirmed as a Public Member to the Select Committee on Legislative Ethics. The question being: "Shall Antoinette Mallot be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Antoinette Mallott be confirmed as a public member to the Select Committee on Legislative Ethics? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Excused: Wagoner and so, Antoinette Mallot was confirmed by the Senate. The Secretary was requested to notify the House. 2010-04-01 Senate Journal Page 2062 SB 237 The Finance Committee considered SENATE BILL NO. 237 "An Act extending the deadline for authorizing school construction debt reimbursed by the state" and recommended it be replaced with CS FOR SENATE BILL NO. 237(FIN) "An Act establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; and requiring a report from the commissioner of revenue." Signing do pass: Senators Stedman, Hoffman, Cochairs; Senators Huggins, Thomas, Egan, Ellis. The following fiscal information was published today: Fiscal Note No. 2, Department of Education and Early Development The bill is on today's calendar. SB 255 The Resources Committee considered SENATE BILL NO. 255 "An Act relating to sharing records regarding fish purchased by fish processors with certain federal agencies, to requirements to obtain and maintain a fisheries business license, and to payment of industry fees required of fish processors; and providing for an effective date" and recommended the adoption of the following Resources Committee Letter of Intent: Letter of Intent The Alaska Legislature recognizes that passage of SB 255 is a necessary step to enable a planned permit buyback program in the Southeast Alaska Salmon Seine fishery to move forward. Further, while the Legislature recognizes the value of reducing the number of permits in the Southeast Salmon Seine fishery, it is also concerned that 2010-04-01 Senate Journal Page 2063 the permit buyback program will not remove more permits than necessary for the health and viability of the fishery, nor result in negative economic impacts to the region or state, including diminishment of the economic benefits of the investments that have been made in Alaska communities. Specifically, the Legislature is passing this legislation with the understanding, and the assurance of the Southeast Revitalization Association, that the permit reduction program the association seeks to undertake for the Southeast Alaska Salmon Seine fishery and to implement through the provisions of this bill will not reduce the number of permits in that fishery to less than 260. Signing do pass: Senator Wielechowski, Cochair; Senators Huggins, French, Wagoner. Signing no recommendation: Senator Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Finance Committee. SJR 28 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 28 Relating to the Ecumenical Patriarchate and religious rights. Signing do pass: Senator French, Chair; Senators Coghill, Wielechowski. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Judiciary Committee The resolution was referred to the Rules Committee. 2010-04-01 Senate Journal Page 2064 Consideration of the Calendar Second Reading of Senate Bills SB 219 SENATE BILL NO. 219 "An Act establishing a traumatic brain injury program and registry within the Department of Health and Social Services; and relating to medical assistance coverage for traumatic brain injury services" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2002. Without objection, CS FOR SENATE BILL NO. 219(FIN) "An Act establishing a traumatic or acquired brain injury program and registry within the Department of Health and Social Services; and relating to medical assistance coverage for traumatic or acquired brain injury services" 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. 219(FIN) was read the third time. Senators Menard, French, Davis, Kookesh, Olson, Dyson, Paskvan, Meyer, Hoffman, Stedman, Huggins, Stevens moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 219(FIN) "An Act establishing a traumatic or acquired brain injury program and registry within the Department of Health and Social Services; and relating to medical assistance coverage for traumatic or acquired brain injury services" pass the Senate?" The roll was taken with the following result: 2010-04-01 Senate Journal Page 2065 CSSB 219(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Excused: Wagoner and so, CS FOR SENATE BILL NO. 219(FIN) passed the Senate and was referred to the Secretary for engrossment. SB 237 SENATE BILL NO. 237 "An Act extending the deadline for authorizing school construction debt reimbursed by the state" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2062. Without objection, CS FOR SENATE BILL NO. 237(FIN) "An Act establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; and requiring a report from the commissioner of revenue" 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. 237(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 237(FIN) "An Act establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; and requiring a report from the commissioner of revenue" pass the Senate?" The roll was taken with the following result: 2010-04-01 Senate Journal Page 2066 CSSB 237(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Excused: Wagoner and so, CS FOR SENATE BILL NO. 237(FIN) passed the Senate and was referred to the Secretary for engrossment. SB 284 SENATE BILL NO. 284 "An Act relating to state election campaigns, the duties of the Alaska Public Offices Commission, the reporting and disclosure of expenditures and independent expenditures, the filing of reports, and the identification of certain communications in state election campaigns; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2003. Without objection, CS FOR SENATE BILL NO. 284(FIN) "An Act relating to state election campaigns, the duties of the Alaska Public Offices Commission, the reporting and disclosure of expenditures and independent expenditures, the filing of reports, and the identification of certain communications in state election campaigns; prohibiting expenditures and contributions by foreign nationals in state elections; 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. 284(FIN) was read the third time. 2010-04-01 Senate Journal Page 2067 The question being: "Shall CS FOR SENATE BILL NO. 284(FIN) "An Act relating to state election campaigns, the duties of the Alaska Public Offices Commission, the reporting and disclosure of expenditures and independent expenditures, the filing of reports, and the identification of certain communications in state election campaigns; prohibiting expenditures and contributions by foreign nationals in state elections; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 284(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Excused: Wagoner and so, CS FOR SENATE BILL NO. 284(FIN) passed the Senate. 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. SB 305 SENATE BILL NO. 305 "An Act relating to the tax on oil and gas production; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2044. Without objection, CS FOR SENATE BILL NO. 305(FIN) "An Act relating to that part of the tax on oil and gas production that increases the rate of tax as the production tax value of oil or the BTU equivalent barrel of gas increases above $30, separating the determination of that rate between oil and gas, and making that rate distinct between oil and gas; relating to availability of a portion of the money received from the tax on oil and gas production for 2010-04-01 Senate Journal Page 2068 appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date" was adopted. Senators French, Stedman offered Title Amendment No. 1: Page 1, lines 1 - 4: Delete all material. Insert "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money" Senator French moved for the adoption of Amendment No. 1. Senator Stedman objected. Senator Meyer moved and asked unanimous consent to abstain from voting on Title Amendment No. 1 and CS FOR SENATE BILL NO. 305(FIN) due to a conflict of interest. Objections were heard and Senator Meyer was required to vote. Senator Stedman withdrew his objection. There being no further objection, Title Amendment No. 1 was adopted. Senator Ellis moved and asked unanimous consent that CS FOR SENATE BILL NO. 305(FIN)(title am) "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas 2010-04-01 Senate Journal Page 2069 produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date" be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 305(FIN)(title am) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 305(FIN)(title am) "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease 2010-04-01 Senate Journal Page 2070 expenditures and adjustments to lease expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 305(FIN)(title am) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Coghill, Davis, Egan, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Huggins Excused: Wagoner and so, CS FOR SENATE BILL NO. 305(FIN)(title am) passed the Senate. 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. Senator Bunde gave notice of reconsideration. Reconsideration of Senate Bills SB 305 Senator Ellis moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 305(FIN)(title am) be taken up at this time. Senator Bunde objected. The question being: "Shall the reconsideration be taken up on the same day?" The roll was taken with the following result: 2010-04-01 Senate Journal Page 2071 CSSB 305(FIN)(title am) Take up Reconsideration? YEAS: 17 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde Excused: Wagoner Absent: Coghill and so, CS FOR SENATE BILL NO. 305(FIN)(title am) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 305(FIN)(title am) "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2010-04-01 Senate Journal Page 2072 CSSB 305(FIN)(title am) Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Davis, Egan, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Huggins Excused: Wagoner Absent: Coghill and so, CS FOR SENATE BILL NO. 305(FIN)(title am) passed the Senate on reconsideration. 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 - Kinross Fort Knox Mine and Its Employees Senator(s) Thomas, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Wagoner, Wielechowski Representative(s) Kelly Honoring - Court Services Officer Charles Mangold Senator(s) McGuire, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Lynn Honoring - Kikkan Randall Senator(s) McGuire, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Crawford 2010-04-01 Senate Journal Page 2073 Honoring - Bartlett High School Football Team 2009 Alaska State Big-School Champions Representative(s) Petersen Senator(s) Wielechowski, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner Honoring - Third District Court Judge John R. Lohff Representative(s) Petersen Senator(s) Wielechowski, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner Honoring - Ron Greene Representative(s) Petersen Senator(s) Wielechowski, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner Honoring - Napaskiak Hawks Boys Basketball Team 1A State Champions Representative(s) Herron Senator(s) Hoffman, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - The City of Kenai 50 Years Since Incorporation Representative(s) Olson Senator(s) Wagoner, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Honoring - Jack LeBlanc American Red Cross "Alaska Real Heroes" Representative(s) Johansen Senator(s) Stedman, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Thomas, Wagoner, Wielechowski 2010-04-01 Senate Journal Page 2074 Honoring - Zachary Huckstep American Red Cross "Alaska Real Heroes" Representative(s) Johansen Senator(s) Stedman, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Thomas, Wagoner, Wielechowski Honoring - Crazy Mountain Joint Venture Red Cross Heroes Representative(s) Millett Senator(s) Meyer, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Panna Jarussi Red Cross Hero Representative(s) Millett Senator(s) Meyer, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Araya Flowers and Zack Sebwenna Red Cross Heroes Representative(s) Millett Senator(s) Meyer, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - John Wayne Jackson Senator(s) Davis, Stevens, Bunde, Coghill, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Richard Ellis Forsgren Senator(s) Huggins, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Gatto 2010-04-01 Senate Journal Page 2075 In Memoriam - Freeda Adams Senator(s) Huggins, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Neuman In Memoriam - Karen Beyers Representative(s) Gardner, Millett Senator(s) Ellis, Meyer, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - William "Bill" Rogers Representative(s) Guttenberg Senator(s) Thomas, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Wagoner, Wielechowski In Memoriam - Lawrence John Davis, Sr. Representative(s) Herron Senator(s) Hoffman, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - June Carlson Representative(s) Hawker Senator(s) Bunde, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - John Winston Osenga, Sr. Representative(s) Seaton Senator(s) Stevens, Bunde, Coghill, Davis, 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. 2010-04-01 Senate Journal Page 2076 Unfinished Business SB 242 Senators Ellis, Dyson, Menard, Egan moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 242 "An Act providing income tax credits for geothermal resource exploration and development." Without objection, it was so ordered. SB 292 Senators McGuire, Menard moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 292 "An Act relating to the registration and operation of pawnbrokers and to the exemption for pawnbrokers under the Alaska Small Loans Act; and providing for an effective date." Without objection, it was so ordered. Senator Meyer moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, April 2 through morning plane time, April 5. Without objection, Senator Meyer was excused. HB 300 SENATE CS FOR CS FOR HOUSE BILL NO. 300(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date" which had been engrossed (page 2032) was returned to the House for consideration. HB 302 SENATE CS FOR CS FOR HOUSE BILL NO. 302(FIN) "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" which had been engrossed (page 2032) was returned to the House for consideration. SJR 21 The reconsideration on SENATE JOINT RESOLUTION NO. 21 Proposing amendments to the Constitution of the State of Alaska relating to and increasing the number of members of the house of representatives to forty-eight and the number of members of the senate to twenty-four, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. 2010-04-01 Senate Journal Page 2077 Announcements Announcements are at the end of the journal. Engrossment SB 219 CS FOR SENATE BILL NO. 219(FIN) "An Act establishing a traumatic or acquired brain injury program and registry within the Department of Health and Social Services; and relating to medical assistance coverage for traumatic or acquired brain injury services" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 237 CS FOR SENATE BILL NO. 237(FIN) "An Act establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; and requiring a report from the commissioner of revenue" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 284 CS FOR SENATE BILL NO. 284(FIN) "An Act relating to state election campaigns, the duties of the Alaska Public Offices Commission, the reporting and disclosure of expenditures and independent expenditures, the filing of reports, and the identification of certain communications in state election campaigns; prohibiting expenditures and contributions by foreign nationals in state elections; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 305 CS FOR SENATE BILL NO. 305(FIN)(title am) "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet 2010-04-01 Senate Journal Page 2078 sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 21 SENATE JOINT RESOLUTION NO. 21 Proposing amendments to the Constitution of the State of Alaska relating to and increasing the number of members of the house of representatives to forty-eight and the number of members of the senate to twenty-four, 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 10:00 a.m., April 2, 2010. Without objection, the Senate adjourned at 12:57 p.m. Kirsten Waid Secretary of the Senate 2010-04-01 Senate Journal Page 2079 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 Apr 01 Thursday Beltz 105 (tsbldg) 3:30 PM + SB 308 COMMUNITY REVENUE SHARING PROGRAM + Bills Previously Heard/Scheduled Apr 06 Tuesday Beltz 105 (tsbldg) 3:30 PM + HB 273 MUNICIPAL GENERAL GRANT LAND + Bills Previously Heard/Scheduled Apr 08 Thursday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Apr 02 Friday Beltz 105 (tsbldg) 8:00 AM Bills Previously Heard/Scheduled Apr 05 Monday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Apr 07 Wednesday Location Tba 8:00 AM Joint w/ House Education Committee Presentation on Moore Case Bills Previously Heard/Scheduled Apr 09 Friday Beltz 105 (tsbldg) 8:00 AM Bills Previously Heard/Scheduled ---------------------------------------- 2010-04-01 Senate Journal Page 2080 FINANCE Apr 01 Thursday Senate Finance 532 9:00 AM += SB 237 SCHOOL CONSTRUCTION DEBT REIMBURSEMENT += SB 174 PROF STUDENT EXCHANGE LOAN FORGIVENESS += SB 235 CHARTER/ALTERNATIVE SCHOOL FUNDING += SB 236 TAX CREDITS FOR EDUCATIONAL CONTRIBUTIONS += SB 224 POSTSECONDARY SCHOLARSHIPS += SB 230 BUDGET: CAPITAL, SUPP. & OTHER APPROPS <Bill Hearing Canceled> + HB 326 SUPPLEMENTAL/OTHER APPROPRIATIONS <Bill Hearing Canceled> + Bills Previously Heard/Scheduled Apr 02 Friday Senate Finance 532 9:00 AM += SB 117 PRICE OF CIGARETTES += SB 234 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD += SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST + SB 243 NO ROYALTY ON GEOTHERMAL RESOURCE += SB 264 COMMERCIAL FISHING & AGRICULTURE BANK + Dept of Natural Resources- Presentation On AGIA Regulations -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Apr 03 Saturday Senate Finance 532 11:00 AM + Bills Previously Heard/Scheduled Apr 05 Monday Senate Finance 532 10:00 AM -- Time Change -- + SB 312 VESSEL PASSENGER TAX + SB 301 POWER PROJECT FUND += SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY + SB 287 IN-STATE GAS PIPELINE + Bills Previously Heard/Scheduled Apr 05 Monday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled 2010-04-01 Senate Journal Page 2081 FINANCE (continued) Apr 06 Tuesday Senate Finance 532 9:00 AM += SB 230 BUDGET: CAPITAL, SUPP. & OTHER APPROPS + HB 162 SOUTHEAST STATE FOREST <Pending Referral> + SB 203 COOK INLET GAS STORAGE FACILITIES + SB 208 DNR STUDY ON NATURAL GAS + Bills Previously Heard/Scheduled Apr 06 Tuesday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled Apr 07 Wednesday Senate Finance 532 9:00 AM + SB 63 TRANSFER RESTRICTIONS ON TRUSTS + SB 172 ALASKA HEALTH CARE COMMISSION + SB 184 INTERNET ACCESS TO LEG COMMITTEE MTGS + Bills Previously Heard/Scheduled Apr 07 Wednesday Senate Finance 532 1:30 PM Bills Previously Heard/Scheduled Apr 08 Thursday Senate Finance 532 9:00 AM + SB 294 SPORT FISH GUIDE LICENSES + SB 300 AIDEA LOANS + SB 213 FUNDING FOR SCHOOL MEALS + Bills Previously Heard/Scheduled Apr 08 Thursday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled Apr 09 Friday Senate Finance 532 9:00 AM + HB 10 MUNICIPAL TAXES: COSTS/EXEMPTIONS += HB 98 ALCOHOL: MINOR CONSUMING/LOCAL OPTION + HB 292 GRANTS TO DISASTER VICTIMS + Bills Previously Heard/Scheduled Apr 09 Friday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled Apr 10 Saturday Senate Finance 532 10:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- 2010-04-01 Senate Journal Page 2082 HEALTH & SOCIAL SERVICES Apr 02 Friday Butrovich 205 1:30 PM No Meeting Scheduled Apr 05 Monday Butrovich 205 1:30 PM No Meeting Scheduled Apr 07 Wednesday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled Apr 09 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 02 Friday Beltz 105 (tsbldg) 1:30 PM += SB 241 POST-CONVICTION DNA TESTING; EVIDENCE + Bills Previously Heard/Scheduled Apr 05 Monday Beltz 105 (tsbldg) 1:30 PM + SB 222 SEX OFFENSES; OFFENDER REGIS.; SENTENCING + SB 303 WORKERS' COMPENSATION AND CONTRACTORS <Pending Referral> + HB 386 CITATIONS + Bills Previously Heard/Scheduled Apr 07 Wednesday Beltz 105 (tsbldg) 1:30 PM + HB 52 POST-TRIAL JUROR COUNSELING + HJR 48 CRIME VICTIMS FUND PRESERVATION ACT + SB 304 ENTITY TRANSACTIONS ACT <Pending Referral> + Bills Previously Heard/Scheduled Apr 09 Friday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- 2010-04-01 Senate Journal Page 2083 LABOR & COMMERCE Apr 01 Thursday Beltz 105 (tsbldg) 1:30 PM -- Please Note Time Change -- + SB 38 PHARMACY BENEFITS MANAGERS; MANAGED CARE += SB 303 WORKERS' COMPENSATION AND CONTRACTORS += SB 304 ENTITY TRANSACTIONS ACT + Bills Previously Heard/Scheduled Apr 06 Tuesday Beltz 105 (tsbldg) 1:30 PM -- Please Note Time Change -- + HB 253 MECHANIC/MATERIALMEN LIENS + HB 287 UNIFORM ACT: PROPERTY INTEREST DISCLAIMER + HB 354 AK CAPSTONE AVIONICS REVOLVING LOAN FUND + Bills Previously Heard/Scheduled Apr 08 Thursday Beltz 105 (tsbldg) 1:30 PM -- Please Note Time Change -- + HB 314 WORKERS' COMPENSATION + HB 245 LICENSING FOR OPTOMETRY + HB 110 PSYCHOLOGISTS' LICENSING & PRACTICE + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Apr 01 Thursday Butrovich 205 3:30 PM + Overview from the Administration on In-State Gas + Overview from Experts on Export License Issues + Update from Conoco Philips on Gas Export Facility <Above Item Removed from Agenda> + HB 369 IN-STATE PIPELINE/ MANAGER/TEAM + Bills Previously Heard/Scheduled Apr 02 Friday Butrovich 205 3:30 PM Continuation of any Overviews or Bills Not Completed in Previous Hearings + Bills Previously Heard/Scheduled Apr 03 Saturday Butrovich 205 11:00 AM Continuation of Overviews or Bills Not Completed in Previous Hearings Bills Previously Heard/Scheduled 2010-04-01 Senate Journal Page 2084 RESOURCES (continued) Apr 05 Monday Butrovich 205 3:30 PM += SB 309 GAS EXPLORATION\DEVELOPMENT TAX CREDIT += SB 290 TAX CREDIT TO DRILL WELLS IN COOK INLET += HB 280 NATURAL GAS: STORAGE/ TAX CREDITS + Bills Previously Heard/Scheduled + SB 271 OIL AND GAS PROD. TAX: CREDITS/INTEREST Apr 06 Tuesday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled + HB 306 STATE ENERGY POLICY Apr 07 Wednesday Butrovich 205 3:30 PM + Confirmation Hearings: Big Game Commercial Services Board Alaska Commercial Fisheries Entry Commission Board of Fisheries Board of Game + Bills Previously Heard/Scheduled Apr 08 Thursday Butrovich 205 3:30 PM + HB 210 IZEMBEK STATE GAME REFUGE LAND EXCHANGE += HCR 10 OPPOSE FED. CONTROL OF STATE LAND & WATER + HJR 26 STATEHOOD/ANCSA LAND SURVEY FUNDING + HJR 40 COOK INLET/KACHEMAK BELUGA POPULATION + Bills Previously Heard/Scheduled Apr 09 Friday Butrovich 205 3:30 PM + Continuation of any overviews or bills not completed in previous hearings. + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 01 Thursday Beltz 105 (tsbldg) 9:00 AM -- MEETING CANCELED -- + HB 73 FIREFIGHTER/EMT LICENSE PLATES + HB 225 STATE PROCUREMENT CODE Bills Previously Heard/Scheduled 2010-04-01 Senate Journal Page 2085 STATE AFFAIRS (continued) Apr 06 Tuesday Beltz 105 (tsbldg) 9:00 AM += HB 73 FIREFIGHTER/EMT LICENSE PLATES += HB 225 STATE PROCUREMENT CODE + HJR 53 HONOR AND REMEMBER FLAG + Bills Previously Heard/Scheduled Apr 08 Thursday Beltz 105 (tsbldg) 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Apr 01 Thursday Butrovich 205 1:00 PM HB 262 MOTORCYCLE/SCOOTER AWARENESS MONTH Apr 06 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Apr 08 Thursday Butrovich 205 1:00 PM += SB 152 TRANSPORTATION; TRANSIT AUTHORITIES + HB 366 MOTOR CARRIER INDEMNIFICATION AGREEMENTS ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Apr 08 Thursday Senate Finance 532 8:00 AM + Briefing on Alaska Military Force Advocacy and Structure Team by General Katkus -- Testimony <Invitation Only> -- ---------------------------------------- OTHER MEETINGS JOINT SESSION Apr 09 Friday House Chamber 11:00 AM Confirmation of Governor's Appointees 2010-04-01 Senate Journal Page 2086 OTHER MEETINGS (continued) MISCELLANEOUS MEETING Apr 01 Thursday Beltz 105 (tsbldg) 12:00 PM + Lunch and Learn Session Sponsored by the Senate Energy Committee, 'Rare Earth Elements, Alaska's Bokan Mountain' Apr 06 Tuesday Capitol 106 12:00 PM Lunch and Learn Session Sponsored by the Senate Energy Committee and Senator Joe Thomas 'The Susitna Dam from Delta to Donlin to Dillingham' Presented by Bryan Carey, AEA Project Engineer & Jim Strandberg, AEA Project Manager