Legislature(2009 - 2010)
2010-04-13 Senate Journal
Full Journal pdf2010-04-13 Senate Journal Page 2283 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Tuesday April 13, 2010 Eighty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:10 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, The Reverend Murray Richmond. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord our God, In your word it says that the one who meditates on the law of the Lord is like a tree planted by streams of water, which yields its fruit in season. In these, the closing days of this legislative session, it is important for all of us to find those streams which nurture and nourish us. It is so easy to get caught up in the hustle and bustle of activity that is swirling around us, most of which is important to us and to the people we represent. Whether we are senators, legislative staff, aides, secretaries, pages-whether we are on the front lines, or standing in the background, making sure everything goes smoothly, it is important to find the streams of water which bring us abundant and refreshing life. 2010-04-13 Senate Journal Page 2284 O Lord, I pray, for all the people who are working in this building, working to serve the great state of Alaska-that we manage to find our own streams of living water even in the midst of the activity around us. Give us all time, if only a few moments, to recharge and refresh, to take stock of the things that really drive our lives. It may be moments with loved ones, or it may be time alone. It may be time appreciating nature, or it may be looking at our desks and realizing how much we love our work. It may be time spent in prayer and reflection or it may be time spent reaching out to those who have greater needs than ours. Whatever it is, O Lord, we know that if we drink from our own wells over time, we exhaust the source, but if we drink from the inexhaustible Waters that nurture our lives in the long term, we can renew our strength, soar on wings like eagles; run and not grow weary, walk and not be faint. Create in us a clean heart, O Lord, and renew a right spirit within us. Amen. Senator Menard led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journal for the eighty-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SCR 14 Message dated April 12 was read stating the House passed and returned: 2010-04-13 Senate Journal Page 2285 SENATE CONCURRENT RESOLUTION NO. 14 Recognizing October 2010 as Filipino American History Month. The resolution was referred to the Secretary for enrollment. SB 195 Message dated April 12 was read stating the House passed and returned: SENATE BILL NO. 195 "An Act relating to the repeal of the establishment of the Goldstream Public Use Area." The bill was referred to the Secretary for enrollment. SB 270 Message dated April 12 was read stating the House passed and returned: SENATE BILL NO. 270 "An Act relating to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date." The bill was referred to the Secretary for enrollment. Messages dated April 12 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 BY THE HOUSE RULES COMMITTEE, 2010-04-13 Senate Journal Page 2286 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 163, increasing the allowances for injury, disability, or heart attack payable from the fishermen's fund. was read the first time and held on the Secretary's desk. HJR 8 CS FOR HOUSE JOINT RESOLUTION NO. 8(FIN) BY THE HOUSE FINANCE COMMITTEE, Proposing amendments to the Constitution of the State of Alaska limiting appropriations from certain mineral revenue, relating to the balanced budget account, and relating to an appropriation limit. was read the first time and referred to the State Affairs and Finance Committees. HJR 42 CS FOR HOUSE JOINT RESOLUTION NO. 42(JUD) BY THE HOUSE JUDICIARY COMMITTEE, Proposing amendments to the Constitution of the State of Alaska creating a transportation infrastructure fund. was read the first time and referred to the Transportation and Finance Committees. First Reading and Reference of House Bills HB 365 HOUSE BILL NO. 365 BY REPRESENTATIVES MILLETT, Munoz, Johansen, Kerttula, P.Wilson, Tuck, entitled: 2010-04-13 Senate Journal Page 2287 "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." was read the first time and referred to the Finance Committee. HB 381 CS FOR HOUSE BILL NO. 381(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to self defense in any place where a person has a right to be." was read the first time and referred to the Judiciary and Finance Committees. HB 416 HOUSE BILL NO. 416 BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act adopting and relating to the Uniform Prudent Management of Institutional Funds Act; relating to the investment of money for charitable purposes by institutions, including governmental institutions; and relating to the University of Alaska." was read the first time and referred to the Finance Committee. HB 424 CS FOR HOUSE BILL NO. 424(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of design and construction of library, education, and educational research facilities; and providing for an effective date." was read the first time and referred to the Finance Committee. 2010-04-13 Senate Journal Page 2288 Concur Messages SB 163 Message dated April 12 was read stating the House passed and returned for consideration SENATE BILL NO. 163 "An Act increasing the allowances for injury, disability, or heart attack payable from the fisherman's fund; and providing for an effective date" with the following amendment: HOUSE CS FOR SENATE BILL NO. 163(RLS) "An Act relating to the duties of the commissioner of labor and workforce development and the Fishermen's Fund Advisory and Appeals Council with respect to the fishermen's fund and increasing the allowances for injury, disability, or heart attack payable from the fund, and allowing a vessel owner to recover a portion of the deductible under a protection and indemnity insurance policy following a claim by an injured fisherman; and providing for an effective date." (Title Change HCR 26) President Stevens stated the message would be held on the Secretary's desk. SB 261 Message dated April 12 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 261(L&C) "An Act relating to the membership of the Alcoholic Beverage Control Board; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 261(STA) President Stevens stated the message would be held on the Secretary's desk. 2010-04-13 Senate Journal Page 2289 Standing Committee Reports HB 20 The Finance Committee considered CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to commercial fishing loans for energy efficiency upgrades and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to commercial fishing loans for improving fuel efficiency and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act; and providing for an effective date." (Title Change SCR 20) Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Huggins, Thomas, Egan, Ellis. Signing no recommendation: Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 52 The Finance Committee considered HOUSE BILL NO. 52 "An Act authorizing psychological counseling for jurors serving in criminal trials who are traumatized by graphic evidence or testimony." Signing do pass: Senator Hoffman, Cochair; Senators Thomas, Egan, Ellis. Signing no recommendation: Senator Stedman, Cochair; Senators Huggins, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, Alaska Court System The bill was referred to the Rules Committee. 2010-04-13 Senate Journal Page 2290 HB 277 The Health and Social Services Committee considered CS FOR HOUSE BILL NO. 277(HSS) "An Act requiring the Department of Health and Social Services to adopt standards for the approval of and to approve certain training programs relating to the possession of epinephrine and the administration of epinephrine in emergency situations; and authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine, and administer epinephrine in emergency situations." Signing do pass: Senator Davis, Chair; Senators Paskvan, Dyson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services Fiscal Note No. 2, zero, Department of Health and Social Services The bill was referred to the Rules Committee. HB 287 The Judiciary Committee considered CS FOR HOUSE BILL NO. 287(JUD) "An Act relating to the adoption of the Uniform Disclaimer of Property Interests Act, and to the disclaimer of property rights under the Uniform Probate Code." Signing no recommendation: Senator Wielechowski, Vice Chair; Senators Coghill, Egan, McGuire. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Rules Committee. HB 344 The Finance Committee considered CS FOR HOUSE BILL NO. 344(FIN) "An Act relating to the salmon product development tax credit; and providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003, as amended by sec. 4, ch. 3, SLA 2006, and by sec. 4, ch. 8, SLA 2008." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan. Signing no recommendation: Senators Huggins, Olson, Ellis. 2010-04-13 Senate Journal Page 2291 The following previously published fiscal information applies: Fiscal Note No. 2, Department of Revenue The bill was referred to the Rules Committee. HB 354 The Finance Committee considered HOUSE BILL NO. 354 "An Act relating to eligibility for loans from the Alaska capstone avionics revolving loan fund." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Huggins, Thomas, Egan, Olson, Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 355 The Judiciary Committee considered CS FOR HOUSE BILL NO. 355(JUD) "An Act relating to criminal fines for organizations." Signing do pass: Senator Wielechowski, Vice Chair; Senator Egan. Signing no recommendation: Senators Coghill, McGuire. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Rules Committee. HB 369 The Resources Committee considered CS FOR HOUSE BILL NO. 369(FIN) am "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project manager, and the Joint In-State Gasline Development Team; requiring the development of an in-state natural gas pipeline plan, to be delivered to the legislature by July 1, 2011, that provides for a gasline that is operational by December 31, 2015; directing the Joint In-State Gasline Development Team to assume responsibilities under sec. 19, ch. 14, SLA 2009; requiring expedited review and action by state agencies or entities relating to the in-state natural gas pipeline project; and providing for an effective date" and recommended it be replaced with 2010-04-13 Senate Journal Page 2292 SENATE CS FOR CS FOR HOUSE BILL NO. 369(RES) "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project coordinator, and the Joint In-State Gasline Development Team; requiring the development of an in-state natural gas pipeline plan, to be delivered to the legislature by July 1, 2011, that provides for a natural gas pipeline that is operational by December 31, 2015; directing the Joint In-State Gasline Development Team to assume responsibilities under sec. 19, ch. 14, SLA 2009; requiring expedited review and action by state agencies or entities relating to the in-state natural gas pipeline project; clarifying the purpose of the Alaska Natural Gas Development Authority; relating to definitions of certain terms that relate to a project that may be developed by the Alaska Natural Gas Development Authority; authorizing the Alaska Natural Gas Development Authority to issue bonds for energy projects; and providing for an effective date." (Title Change SCR 21) Signing do pass: Senator McGuire, Cochair; Senator Huggins. Signing no recommendation: Senator Wielechowski, Cochair; Senators Stevens, French, Wagoner. The following fiscal information was published today: Fiscal Note No. 4, Office of the Governor The bill was referred to the Finance Committee. HJR 26 Correction memo dated April 13 was read stating the Resources Committee submitted the following Senate committee substitute for HOUSE JOINT RESOLUTION NO. 26 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: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 26(RES) 2010-04-13 Senate Journal Page 2293 The Senate committee substitute passed out of the Resources Committee, but was omitted from the Resources Committee report on April 9 (page 2231). Introduction and Reference of Senate Resolutions SCR 20 SENATE CONCURRENT RESOLUTION NO. 20 BY THE SENATE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 20, relating to commercial fishing loans for energy efficiency upgrades and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act. was read the first time and held on the Secretary's desk. SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 BY THE SENATE RESOURCES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 369, relating to an in-state natural gas pipeline, the office of in-state gasline project manager, and the Joint In-State Gasline Development Team; requiring the development of an in-state natural gas pipeline plan, to be delivered to the legislature by July 1, 2011, that provides for a gasline that is operational by December 31, 2015; directing the Joint In-State Gasline Development Team to assume responsibilities under sec. 19, ch. 14, SLA 2009; and requiring expedited review and action by state agencies or entities relating to the in-state natural gas pipeline project. was read the first time and held on the Secretary's desk. 2010-04-13 Senate Journal Page 2294 Consideration of the Calendar Senator Ellis moved and asked unanimous consent that the Senate move down the calendar to Third Reading of Senate Bills. Without objection, the Senate proceeded to: Third Reading of Senate Bills SB 230 CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date" was read the third time. Senator Bunde moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Amendment No. 1 was not offered. Senator Bunde offered Amendment No. 2 : Page 17, lines 29 - 31: Delete all material. Page 18, lines 9 - 12: Delete all material. Page 18, lines 16 - 22: Delete all material. Page 19, line 23, through page 20, line 1: Delete all material. Page 21, lines 10 - 11: Delete all material. Page 26, line 31, through page 27, line 3: Delete all material. 2010-04-13 Senate Journal Page 2295 Page 27, lines 18 - 21: Delete all material. Page 30, lines 10 - 12: Delete all material. Page 31, lines 16 - 22: Delete all material. Page 34, lines 9 - 12: Delete all material. Page 35, lines 9 - 11: Delete all material. Page 36, lines 15 - 21: Delete all material. Page 52, lines 23 - 28: Delete all material. Page 52, line 31, through page 53, line 10: Delete all material. Page 60, line 29, through page 61, line 3: Delete all material. Page 61, lines 25 - 28: Delete all material. Page 62, line 32, through page 63, line 4: Delete all material. Page 63, lines 10 - 13: Delete all material. Page 65, lines 22 - 26: Delete all material. Page 65, line 31, through page 66, line 4: Delete all material. 2010-04-13 Senate Journal Page 2296 Page 66, lines 15 - 17: Delete all material. Page 67, lines 26 - 29: Delete all material. Page 73, lines 6 - 10: Delete all material. Page 73, lines 18 - 20: Delete all material. Page 73, lines 25 - 28: Delete all material. Page 75, lines 14 - 17: Delete all material. Page 76, lines 18 - 21: Delete all material. Page 78, lines 7 - 10: Delete all material. Page 79, line 32, through page 80, line 3: Delete all material. Page 91, lines 11 - 12: Delete all material. Page 92, lines 24 - 25: Delete all material. Page 93, lines 24 - 26: Delete all material. Page 95, lines 19 - 21: Delete all material. Page 95, lines 25 - 27: Delete all material. 2010-04-13 Senate Journal Page 2297 Page 98, lines 16 - 18: Delete all material. Page 101, lines 24 - 27: Delete all material. Page 104, lines 5 - 9: Delete all material. Page 105, lines 10 - 15: Delete all material. Page 105, lines 19 - 21: Delete all material. Page 106, lines 10 - 12: Delete all material. Page 106, lines 19 - 21: Delete all material. Page 106, lines 25 - 26: Delete all material. Page 107, lines 3 - 7: Delete all material. Page 107, lines 15 - 17: Delete all material. Page 112, lines 18 - 19: Delete all material. Page 112, lines 23 - 26: Delete all material. Page 113, lines 12 - 13: Delete all material. Page 113, lines 17 - 20: Delete all material. 2010-04-13 Senate Journal Page 2298 Page 114, lines 11 - 14: Delete all material. Page 115, lines 3 - 6: Delete all material. Page 115, lines 9 - 11: Delete all material. Page 116, lines 16 - 18: Delete all material. Page 117, line 12, following "(AS 37.05.315)": Insert "and those in sec. 16 of this Act" Page 117, lines 17 - 23: Delete all material. Page 117, lines 27 - 30: Delete all material. Page 129, following line 13: Insert the appropriations found at the following page and line numbers within the bill: Page 17, lines 29 - 31 Page 18, lines 9 - 12 Page 18, lines 16 - 22 Page 19, line 23, through page 20, line 1 Page 21, lines 10 - 11 Page 26, line 31, through page 27, line 3 Page 27, lines 18 - 21 Page 30, lines 10 - 12 Page 31, lines 16 - 22 Page 34, lines 9 -12 Page 35, lines 9 - 11 Page 36, lines 15 - 21 Page 52, lines 23 - 28 Page 52, line 31, through page 53, line 10 Page 60, line 29, through page 61, line 3 Page 61, lines 25 - 28 Page 62, line 32, through page 63, line 4 Page 63, lines 10 - 13 2010-04-13 Senate Journal Page 2299 Page 65, lines 22 - 26 Page 65, line 31, through page 66, line 4 Page 66, lines 15 - 17 Page 67, lines 26 - 29 Page 73, lines 6 - 10 Page 73, lines 18 - 20 Page 73, lines 25 - 28 Page 75, lines 14 - 17 Page 76, lines 18 - 21 Page 78, lines 7 - 10 Page 79, line 32, through page 80, line 3 Page 91, lines 11 - 12 Page 92, lines 24 - 25 Page 93, lines 24 - 26 Page 95, lines 19 - 21 Page 95, lines 25 - 27 Page 98, lines 16 - 18 Page 101, lines 24 - 27 Page 104, lines 5 - 9 Page 105, lines 10 - 15 Page 105, lines 19 - 21 Page 106, lines 10 - 12 Page 106, lines 19 - 21 Page 106, lines 25 - 26 Page 107, lines 3 - 7 Page 107, lines 15 - 17 Page 112, lines 18 - 19 Page 112, lines 23 - 26 Page 113, lines 12 - 13 Page 113, lines 17 - 20 Page 114, lines 11 - 14 Page 115, lines 3 - 6 Page 115, lines 9 - 11 Page 116, lines 16 - 18 Page 117, lines 17 - 23 Page 117, lines 27 - 30 Page 135, line 31, through page 136, line 11 2010-04-13 Senate Journal Page 2300 Page 135, line 31, through page 136, line 11: Delete all material and insert: "* Sec. 30. DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES." Reletter the subsections accordingly. Page 147, line 26: Delete "30(a)" Recalculate all totals in secs. 7 - 12 and 15 - 18 of this Act in accordance with the changes made in this amendment. Senator Bunde moved for the adoption of Amendment No. 2. Senator Ellis objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 230(FIN) Second Reading Amendment No. 2 YEAS: 1 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Bunde Nays: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 230(FIN) was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2010-04-13 Senate Journal Page 2301 CSSB 230(FIN) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Nays: Bunde and so, CS FOR SENATE BILL NO. 230(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 clauses. Without objection, it was so ordered. Reconsideration of Senate Bills SB 230 Senator Ellis gave notice of reconsideration on CS FOR SENATE BILL NO. 230(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 230(FIN) Third Reading - On Reconsideration Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Nays: Bunde 2010-04-13 Senate Journal Page 2302 and so, CS FOR SENATE BILL NO. 230(FIN) 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:30 p.m. After Recess The Senate reconvened at 1:12 p.m. Consideration of the Calendar (continued) Second Reading of Senate Bills SB 63 SENATE BILL NO. 63 "An Act relating to transfer restrictions on trust interests" was read the second time. Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2017. Without objection, CS FOR SENATE BILL NO. 63(JUD) 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. 63(JUD) was read the third time. 2010-04-13 Senate Journal Page 2303 The question being: "Shall CS FOR SENATE BILL NO. 63(JUD) "An Act relating to transfer restrictions on trust interests" pass the Senate?" The roll was taken with the following result: CSSB 63(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Absent: Bunde and so, CS FOR SENATE BILL NO. 63(JUD) passed the Senate and was referred to the Secretary for engrossment. SB 172 SENATE BILL NO. 172 "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; 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 2223. Without objection, CS FOR SENATE BILL NO. 172(FIN) was adopted. Senator Olson offered Amendment No. 1 : Page 3, line 23: Delete "care" Insert "insurance" Senator Olson moved for the adoption of Amendment No. 1. There being no objection, Amendment No. 1 was adopted. Senator Ellis moved and asked unanimous consent that CS FOR SENATE BILL NO. 172(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2010-04-13 Senate Journal Page 2304 CS FOR SENATE BILL NO. 172(FIN) am was read the third time. Senators Davis, French, Kookesh, Paskvan, Ellis, Egan, Meyer, Thomas 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. 172(FIN) am "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 172(FIN) am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Absent: Bunde and so, CS FOR SENATE BILL NO. 172(FIN) 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 and the bill was referred to the Secretary for engrossment. SB 174 SENATE BILL NO. 174 "An Act relating to professional student exchange program availability and conditions for loan forgiveness" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2266. Without objection, CS FOR SENATE BILL NO. 174(FIN) "An Act relating to the Alaska scholars program administered by the Board of Regents of the University of Alaska and to scholarship information; repealing provisions related to University of Alaska scholarships; 2010-04-13 Senate Journal Page 2305 relating to the AlaskAdvantage Education Grant Program; and relating to professional student exchange program availability; and relating to exemptions from the conditions for loan repayment under the medical education program" 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. 174(FIN) was read the third time. President Stevens cautioned members to proceed in order. The question being: "Shall CS FOR SENATE BILL NO. 174(FIN) "An Act relating to the Alaska scholars program administered by the Board of Regents of the University of Alaska and to scholarship information; repealing provisions related to University of Alaska scholarships; relating to the AlaskAdvantage Education Grant Program; and relating to professional student exchange program availability; and relating to exemptions from the conditions for loan repayment under the medical education program" pass the Senate?" The roll was taken with the following result: CSSB 174(FIN) Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Coghill, Dyson, Meyer, Wagoner and so, CS FOR SENATE BILL NO. 174(FIN) passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Bills HB 98 CS FOR HOUSE BILL NO. 98(FIN) am "An Act relating to minor consuming and repeat minor consuming; relating to penalties for violations of limitations on possessing, sending, shipping, 2010-04-13 Senate Journal Page 2306 transporting, or bringing alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a local option area; 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 Senate Committee Substitute offered on page 2205. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) "An Act relating to minor consuming and repeat minor consuming; relating to penalties for violations of limitations on possessing, sending, shipping, transporting, or bringing alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the manufacture, sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a local option area; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 98(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Huggins, Stedman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) passed the Senate. 2010-04-13 Senate Journal Page 2307 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. HB 273 CS FOR HOUSE BILL NO. 273(FIN) "An Act relating to general grant land entitlements for the City and Borough of Wrangell and for the Haines Borough; and providing for an effective date" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 273(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 273(FIN) "An Act relating to general grant land entitlements for the City and Borough of Wrangell and for the Haines Borough; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 273(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Coghill, Davis, Egan, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Absent: Dyson, Huggins and so, CS FOR HOUSE BILL NO. 273(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 signed by the President and Secretary and returned to the House. 2010-04-13 Senate Journal Page 2308 HB 292 HOUSE BILL NO. 292 "An Act relating to grants to victims of a disaster in this state; and providing for an effective date" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 292 was read the third time. The question being: "Shall HOUSE BILL NO. 292 "An Act relating to grants to victims of a disaster in this state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 292 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, HOUSE BILL NO. 292 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 signed by the President and Secretary and returned to the House. HB 366 CS FOR HOUSE BILL NO. 366(JUD) "An Act relating to indemnification agreements that relate to motor carrier transportation contracts" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2010-04-13 Senate Journal Page 2309 CS FOR HOUSE BILL NO. 366(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 366(JUD) "An Act relating to indemnification agreements that relate to motor carrier transportation contracts" pass the Senate?" The roll was taken with the following result: CSHB 366(JUD) Third Reading - Final Passage 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 HOUSE BILL NO. 366(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HB 386 CS FOR HOUSE BILL NO. 386(FIN) "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" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 386(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 386(FIN) "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" pass the Senate?" The roll was taken with the following result: 2010-04-13 Senate Journal Page 2310 CSHB 386(FIN) Third Reading - Final Passage Effective Dates 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 HOUSE BILL NO. 386(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 clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Citations Honoring - Lorena Norene Representative(s) Gruenberg Senator(s) Wielechowski, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner Honoring - Kelsey Griffin Representative(s) Fairclough, Stoltze, Dahlstrom Senator(s) Meyer, Huggins, Dyson, Stevens, Bunde, Coghill, Davis, Egan, Ellis, Hoffman, Kookesh, McGuire, Menard, 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. Senator Ellis moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. 2010-04-13 Senate Journal Page 2311 Special Order of Business Women's History Month 2010 Senator(s) Davis, Stevens, Bunde, Coghill, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from 9:30 a.m. through 11:30 a.m. on April 17. Without objection, Senator Dyson was excused. HB 114 Senators Hoffman, Stedman, Dyson, Menard moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 114(TRA) am "An Act relating to availability of state transportation facilities and state-owned or state-operated transportation modes for delivering compassionate aid." Without objection, it was so ordered. HB 344 Senators Hoffman, Stedman, Dyson, Menard moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 344(FIN) "An Act relating to the salmon product development tax credit; and providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003, as amended by sec. 4, ch. 3, SLA 2006, and by sec. 4, ch. 8, SLA 2008." Without objection, it was so ordered. HB 20 Senators Hoffman, Stedman, Dyson, Menard moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to commercial fishing loans for energy efficiency upgrades and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act; and providing for an effective date." Without objection, it was so ordered. 2010-04-13 Senate Journal Page 2312 HB 369 Senators McGuire, Huggins, Paskvan, Meyer, Thomas moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 369(FIN) am "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project manager, and the Joint In-State Gasline Development Team; requiring the development of an in-state natural gas pipeline plan, to be delivered to the legislature by July 1, 2011, that provides for a gasline that is operational by December 31, 2015; directing the Joint In-State Gasline Development Team to assume responsibilities under sec. 19, ch. 14, SLA 2009; requiring expedited review and action by state agencies or entities relating to the in-state natural gas pipeline project; and providing for an effective date." Without objection, it was so ordered. SB 303 The reconsideration on 2d CS FOR SENATE BILL NO. 303(RLS) "An Act relating to a subcontractor's, contractor's, and project owner's liability for workers' compensation and excluding certain persons from liability for securing the payment of workers' compensation benefits to employees; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Engrossment SB 63 CS FOR SENATE BILL NO. 63(JUD) "An Act relating to transfer restrictions on trust interests" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2010-04-13 Senate Journal Page 2313 SB 172 CS FOR SENATE BILL NO. 172(FIN) am "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 174 CS FOR SENATE BILL NO. 174(FIN) "An Act relating to the Alaska scholars program administered by the Board of Regents of the University of Alaska and to scholarship information; repealing provisions related to University of Alaska scholarships; relating to the AlaskAdvantage Education Grant Program; and relating to professional student exchange program availability; and relating to exemptions from the conditions for loan repayment under the medical education program" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 230 CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 303 2d CS FOR SENATE BILL NO. 303(RLS) "An Act relating to a subcontractor's, contractor's, and project owner's liability for workers' compensation and excluding certain persons from liability for securing the payment of workers' compensation benefits to employees; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 98 SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) "An Act relating to minor consuming and repeat minor consuming; relating to penalties for violations of limitations on possessing, sending, shipping, transporting, or bringing alcoholic beverages to, soliciting or receiving orders for delivery of alcoholic beverages to, and the manufacture, 2010-04-13 Senate Journal Page 2314 sale, offer for sale, barter, traffic, or possession of alcoholic beverages in, a local option area; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 14, 2010. Without objection, the Senate adjourned at 2:21 p.m. Kirsten Waid Secretary of the Senate 2010-04-13 Senate Journal Page 2315 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 13 Tuesday Beltz 105 (tsbldg) 3:30 PM -- Delayed to 4:30 p.m.-- Arctic Industrial Activity & Prevention Systems, Informational Hearing -- Testimony <Invitation Only> -- ---------------------------------------- FINANCE Apr 13 Tuesday Senate Finance 532 9:00 AM += HB 20 FISHERIES LOANS:ENERGY EFFICIENCY/AMOUNT += HB 344 SALMON PRODUCT DEVELOP. TAX CREDIT += HB 52 POST-TRIAL JUROR COUNSELING += HB 354 AK CAPSTONE AVIONICS REVOLVING LOAN FUND + HB 168 TRAUMA CARE CENTERS/FUND + HB 306 STATE ENERGY POLICY + HB 114 USE STATE TRANS FACILITY FOR DISASTER AID + HB 186 AK FIREARMS EXEMPT FROM FED. REGULATION + HB 319 FIREARMS + HB 315 PUBLIC ACCOUNTING + Bills Previously Heard/Scheduled Apr 13 Tuesday Senate Finance 532 2:30 PM -- Please Note Time Change -- + Bills Previously Heard/Scheduled = SB 312 VESSEL PASSENGER TAX = SB 4 COASTAL MANAGEMENT PROGRAM 2010-04-13 Senate Journal Page 2316 FINANCE (continued) Apr 14 Wednesday Senate Finance 532 9:00 AM += HB 168 TRAUMA CARE CENTERS/FUND += HB 306 STATE ENERGY POLICY <Above Bill Removed from Agenda> += HB 114 USE STATE TRANS FACILITY FOR DISASTER AID += HB 186 AK FIREARMS EXEMPT FROM FED. REGULATION += HB 319 FIREARMS += HB 315 PUBLIC ACCOUNTING += SB 312 VESSEL PASSENGER TAX + SCR 19 LEGIS. TASK FORCE: HIGHER ED SCHOLARSHIPS + SB 309 GAS EXPLORATION\DEVELOPMENT TAX CREDIT + HB 280 NATURAL GAS: STORAGE/ TAX CREDITS + HB 365 FISH PROCESSOR FEES, LICENSES, RECORDS + HB 424 G.O. BONDS:EDUC./LIBRARY/RESEARCH FACIL. Bills Previously Heard/Scheduled Apr 14 Wednesday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 14 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Apr 16 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Apr 13 Tuesday Butrovich 205 9:15 AM + HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES Bills Previously Heard/Scheduled Apr 14 Wednesday Butrovich 205 8:30 AM + HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES + Bills Previously Heard/Scheduled Apr 14 Wednesday Beltz 105 (tsbldg) 1:30 PM + HB 324 FAILURE TO APPEAR; RELEASE PROCEDURES <Pending Referral> + Bills Previously Heard/Scheduled 2010-04-13 Senate Journal Page 2317 LABOR & COMMERCE Apr 14 Wednesday Butrovich 205 1:30 PM Please Note Time and Location Change + HB 363 AIDEA MEMBERSHIP += SCR 16 ECONOMIC DEVELOPMENT PLANNING COMMISSION + HB 294 USE, REGULATION, AND OPERATION OF BOATS <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Apr 14 Wednesday Butrovich 205 3:30 PM += HJR 45 OPPOSE FEDERAL CAP AND TRADE LEGISLATION += HJR 49 OPPOSING EPA CLEAN AIR ACT REGULATIONS + HB 70 ALASKA GROWN AGRICULTURAL PRODUCTS + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 14 Wednesday Beltz 105 (tsbldg) 9:00 AM += HB 225 STATE PROCUREMENT CODE + HB 348 PERSONNEL BOARD MEMBERSHIP + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 13 Tuesday Butrovich 205 1:00 PM -- Meeting Delayed to 2:30 pm -- + HB 357 AK RAILROAD CORP. LAND SALES HJR 42 CONST. AM: TRANSPORTATION FUND Apr 15 Thursday Butrovich 205 1:00 PM Bills Previously Heard/Scheduled