Legislature(2011 - 2012)
2011-01-18 Senate Journal
Full Journal pdf2011-01-18 Senate Journal Page 0001 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Tuesday January 18, 2011 First Day Pursuant to provisions of the Constitution of the State of Alaska, the Uniform Rules of the Alaska State Legislature, and AS 24.05.160, the Senate of the State of Alaska assembled in the Senate chamber for the first regular session of the Twenty-seventh Legislature. The Senate was called to order at 2:02 p.m. by the Honorable Mead Treadwell, Lieutenant Governor. Colors The following members of the Honor Guard of the Tongass Alaska Girl Scout Council presented the colors: Teja Tolbert Dorothy Kuterbach Chantel Eckland Sierra Coleman Sommer Ward Reece Bleakley Asianna Mazon Allison Rivera The Girl Scout Honor Guard led the Senate in the Pledge of Allegiance. Alaska Flag Song and National Anthem Under the direction of Missouri Smyth, Artistic Director, the following members of the Alaska Youth Choir performed the Alaska Flag Song and the National Anthem: 2011-01-18 Senate Journal Page 0002 Sierra Lloyd Ava Meade Keenan Miller Electra Morley Alexis Weissmuller Jessica Cooper Madison Cordle Natalie Cosgrove Lily League Bryan Miramontes Grace Newman Lily Otsea Summer Smith Laura Barnhill Jordan Cooper Hannah Cordle Elle Campbell Mattison Smith Serena Partlow Invocation The prayer was offered by the Chaplain, The Most Reverend Edward J. Burns, Bishop of the Catholic Diocese of Juneau. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Blessed are you, Lord, God of all Creation - for through your goodness you have given us many gifts. We thank you for those who founded our nation and pioneered this great land. We ask that you bless all Alaskans who come from different cultures and backgrounds. Bless the members of this Senate - may politics and prejudice never blind us from what is right for the common good - for our people and for our land. Send forth your Spirit of Wisdom to guide these men and women as they embark on a new legislative session. May all of us serve as the faithful stewards of your many gifts. Bless our families, our towns and villages; and in a special way, Heavenly Father, continue to bless the great state of Alaska. I ask all this, in your name. Amen. 2011-01-18 Senate Journal Page 0003 Election Certification The Lieutenant Governor read the certificate of election: I, Gail Fenumiai, Director of the Division of Elections for the State of Alaska, do hereby certify that a General Election was held on the 2nd day of November, 2010, pursuant to AS 15.15.020 in the State of Alaska and the following candidates were elected to the office of State Senator for the district and term indicated: Senate District B Dennis Egan (D) 4 year term Senate District D Joe J. Thomas (D) 4 year term Senate District F John B. Coghill (R) 4 year term Senate District H Charlie R. Huggins (R) 4 year term Senate District J Bill Wielechowski (D) 4 year term Senate District L Johnny Ellis (D) 4 year term Senate District N Lesil McGuire (R) 4 year term Senate District P Catherine A. Giessel (R) 4 year term Senate District R Gary L. Stevens (R) 4 year term Senate District S Lyman F. Hoffman (D) 4 year term In Testimony Whereof, I have hereunto set my hand and affixed hereto the Seal of the State of Alaska, at Juneau, the Capital, this 30th day of November, A.D. 2010. /s/ Gail Fenumiai, Director Division of Elections Lieutenant Governor Treadwell requested the following Senators approach the rostrum to be administered the Oath of Office: District B Dennis Egan District D Joe J. Thomas District F John B. Coghill District H Charlie R. Huggins District J Bill Wielechowski The Lieutenant Governor administered the Oath of Office to the Senators. 2011-01-18 Senate Journal Page 0004 Lieutenant Governor Treadwell requested the following Senators approach the rostrum to be administered the Oath of Office: District L Johnny Ellis District N Lesil McGuire District P Catherine A. Giessel District R Gary L. Stevens District S Lyman F. Hoffman The Lieutenant Governor administered the Oath of Office to the Senators. President Pro Tempore Lieutenant Governor Treadwell announced that nominations were in order for President pro tempore of the Senate. Senator Meyer moved and asked unanimous consent that Senator Ellis be nominated. Without objection, it was so ordered. Senator Meyer moved and asked unanimous consent that nominations for President pro tempore of the Senate be closed. Without objection, it was so ordered. Senator Meyer moved and asked unanimous consent that Senator Ellis be elected President pro tempore. There being no objection, Senator Ellis was elected President pro tempore of the Senate. Lieutenant Governor Treadwell requested Senator Olson and Senator Stedman escort the President pro tempore to the rostrum. President pro tempore Ellis requested Senator Stedman and Senator Olson escort the Lieutenant Governor from the chamber. President pro tempore Ellis announced that under provisions of law, AS 24.05.120, the Uniform Rules of the Twelfth Legislature, First Session, as amended in 1985, 1988, 1989, 1991, 1998, 2001, 2003, 2004 and 2008 will serve as the temporary rules of the current legislature until permanent rules are adopted. 2011-01-18 Senate Journal Page 0005 President President pro tempore Ellis announced that nominations for permanent President of the Senate were open. Senator Meyer moved and asked unanimous consent that Senator Stevens be nominated President of the Senate for the Twenty-seventh Legislature. Senator Meyer moved and asked unanimous consent that nominations be closed. Without objection, it was so ordered. Senator Meyer moved and asked unanimous consent that Senator Stevens be elected President of the Senate for the Twenty-seventh Legislature. Without objection, Senator Stevens was elected President of the Senate. President pro tempore Ellis requested Senator Hoffman and Senator Wagoner to escort President Stevens to the podium. President Stevens made the following appointments: Committee on Committees Senator Stevens, Chair Senator Ellis Senator Hoffman Senator Meyer Senator Stedman President Stevens appointed Senator Wielechowski and Senator Egan to inform the Governor that the Senate was organized and ready to do business. President Stevens appointed Senator Paskvan and Senator Thomas to inform the House that the Senate was organized and ready to do business. 2011-01-18 Senate Journal Page 0006 Recess Senator Meyer moved and asked unanimous consent that the Senate stand in recess. Without objection, the Senate recessed at 2:32 p.m. After Recess The Senate reconvened at 2:44 p.m. Committee on Committees Report Mr. President: Your Committee on Committees has met and submits to the Senate for its consideration chairs and members to the ten standing committees as approved by the Committee on Committees: Community and Regional Affairs Committee Senator Olson, Chair Senator Ellis Senator Kookesh Senator Menard Senator Wagoner Education Committee Senator Meyer, Cochair Senator Thomas, Cochair Senator Davis, Vice Chair Senator French Senator Stevens Finance Committee Senator Hoffman, Cochair Senator Stedman, Cochair Senator Egan Senator Ellis Senator McGuire Senator Olson Senator Thomas 2011-01-18 Senate Journal Page 0007 Health and Social Services Committee Senator Davis, Chair Senator Egan Senator Ellis Senator Meyer Senator Dyson Judiciary Committee Senator French, Chair Senator Wielechowski, Vice Chair Senator McGuire Senator Paskvan Senator Coghill Labor and Commerce Committee Senator Egan, Chair Senator Paskvan, Vice Chair Senator Davis Senator Menard Senator Giessel Resources Committee Senator Paskvan, Cochair Senator Wagoner, Cochair Senator Wielechowski, Vice Chair Senator French Senator McGuire Senator Stedman Senator Stevens Rules Committee Senator Ellis, Chair Senator Hoffman Senator Meyer Senator Stedman Senator Stevens 2011-01-18 Senate Journal Page 0008 State Affairs Committee Senator Wielechowski, Chair Senator Paskvan, Vice Chair Senator Davis Senator Kookesh Senator Meyer Transportation Committee Senator Kookesh, Chair Senator Thomas, Vice Chair Senator Egan Senator Menard Senator Huggins The report was signed by Senator Stevens, Chair; Senators Ellis, Hoffman, Meyer, Stedman. Senator Meyer moved and asked unanimous consent that the Committee on Committees Report be adopted. Without objection, the Committee on Committees Report was adopted. President Stevens announced that Senator Meyer will serve as Majority Leader for the Twenty-seventh Legislature. President Stevens announced that the Minority has selected Senator Huggins to serve as Minority Leader for the first session of the Twenty-seventh Legislature, and it is their intention that Senator Coghill will serve as minority leader for the second session. Messages from the House Message dated January 18 was read stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-seventh Alaska Legislature at 7:00 p.m. on Wednesday, January 19 for the purpose of hearing Governor Parnell's annual State of the State message. 2011-01-18 Senate Journal Page 0009 Senator Meyer moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. Communications The following reports are on file in the Office of the Secretary of the Senate: Report Listing Alaska Statutes With Delayed Repeals or Delayed Amendments and Examining Court Decisions and Opinions of the Attorney General Construing Alaska Statutes from MaryEllen Duffy, Special Assistant Legal Services, Legislative Affairs Agency in accordance with AS 24.20.065(b) State of Alaska Comprehensive Annual Financial Report Fiscal Year Ended June 30, 2010 from Sean Parnell, Governor in accordance with AS 37.05.210 Advisory Opinions Rendered by the Committee Volume XXXI January 1, 2009 - December 31, 2010 from H. Conner Thomas, Chair Select Committee on Legislative Ethics in accordance with AS 24.60.150 Public Decisions Issued by the Committee Volume XIII January 1, 2009 - December 31, 2010 from H. Conner Thomas, Chair Select Committee on Legislative Ethics in accordance with AS 24.60.150 Alaska Annual Report on Activities of the National Conference of Commissioners on Uniform State Laws from Deborah E. Behr, Alaska Uniform Law Commissioner Department of Law 2011-01-18 Senate Journal Page 0010 Status Report on Health Information Exchange in Alaska December 2010 from Wilda J. Laughlin, Special Assistant to the Commissioner Department of Health and Social Services in accordance with AS 18.23.300 Alaska Railroad Corporation Report to the State of Alaska December 2010 from Christopher Aadnesen, President and CEO Alaska Railroad Corporation in accordance with AS 42.40.290 The following memorandum dated October 1, 2010 was received from Kathryn L. Kurtz, Assistant Revisor, Legal Services, Legislative Affairs Agency: We have discovered a manifest error in sec. 45, ch. 43, SLA 2010 (HCS CSSB 230(FIN) am H). That section refers to an appropriation at "sec. 1, ch. 3, FSSLA 2005, page 27, line 32, through page 30, line 3 (Matanuska-Susitna Borough, Colony High School running track - $172,502)." The second page reference is clearly an error; the appropriation referred to ends on page 28, line 3 of the 2005 Act. This error was discovered after enrollment, and the session laws have already been printed, so the error has not been corrected. However, the references in the Cumulative Table of Alaska Session Laws and the 2010 Summary of Alaska Legislation reflect the actual pagination of the 2005 Act. Please publish a copy of this in the journal in order to provide notice of the error under AS 01.05.031. The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: 2011-01-18 Senate Journal Page 0011 A Special Report on the Department of Revenue, Alaska Natural Gas Development Authority, Selected Operational Issues, October 8, 2010 A Sunset Review of the Department of Commerce, Community and Economic Development, Board of Barbers and Hairdressers September 30, 2010 A Sunset Review of the Department of Commerce, Community and Economic Development, Board of Dental Examiners September 30, 2010 A Sunset Review of the Department of Commerce, Community and Economic Development, Board of Nursing, September 30, 2010 A Special Report on the Department of Commerce, Community and Economic Development, Regulatory Commission of Alaska, FY 09 Annual Report September 21, 2010 Introduction and Reference of Senate Resolutions SR 1 SENATE RESOLUTION NO. 1 BY THE SENATE RULES COMMITTEE, Establishing a Senate Special Committee on World Trade. was read the first time. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Rules Committee Senator Meyer moved and asked unanimous consent that SENATE RESOLUTION NO. 1 be taken up. Without objection, the resolution was before the Senate on final passage. 2011-01-18 Senate Journal Page 0012 The question being: "Shall SENATE RESOLUTION NO. 1 Establishing a Senate Special Committee on World Trade, pass the Senate?" The roll was taken with the following result: SR 1 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE RESOLUTION NO. 1 passed the Senate and was referred to the Secretary for engrossment and enrollment. Senator Meyer moved and asked unanimous consent that further introduction and reference of senate resolutions be held one legislative day. Without objection, it was so ordered. Introduction and Reference of Senate Bills Senator Meyer moved and asked unanimous consent that the introduction and reference of senate bills be held one legislative day. Without objection, it was so ordered. Unfinished Business Election of Senate Secretary In accordance with AS 24.10.030 and Uniform Rule 3(a), Senator Ellis, Rules Committee Chair, nominated Kirsten Waid to serve as Senate Secretary for the Twenty-seventh Legislature and moved and asked unanimous consent that the nominations be closed. Without objection, it was so ordered. 2011-01-18 Senate Journal Page 0013 Senator Ellis moved and asked unanimous consent that Kirsten Waid be elected Senate Secretary for the Twenty-seventh Legislature. Without objection, Kirsten Waid was elected Senate Secretary for the Twenty-seventh Legislature. President Stevens made the following appointments: Select Committee on Legislative Ethics Senator Stevens Senator Coghill Senator Thomas, alternate to Senator Stevens Senator Olson, alternate to Senator Coghill Senator Meyer moved that Senator Stevens and Senator Coghill be confirmed as members to the Select Committee on Legislative Ethics. The question being: "Shall Senator Stevens and Senator Coghill be confirmed as members to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall the Senate confirm Senator Stevens and Senator Coghill to the Select Committee on Legislative Ethics? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, Senator Stevens and Senator Coghill were confirmed as members to the Select Committee on Legislative Ethics. Senator Meyer moved that Senator Thomas and Senator Olson be confirmed as alternate members to the Select Committee on Legislative Ethics. 2011-01-18 Senate Journal Page 0014 The question being: "Shall Senator Thomas and Senator Olson be confirmed as alternate members to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall the Senate confirm Senator Thomas and Senator Olson as alternates to the Select Committee on Legislative Ethics? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, Senator Thomas and Senator Olson were confirmed as alternate members to the Select Committee on Legislative Ethics. The Secretary was requested to notify the House. President Stevens made the following appointments: Legislative Council Senator Menard, Chair Senator Davis Senator Egan Senator Hoffman Senator Olson Senator Stedman Senator Stevens Legislative Budget & Audit Senator Stedman, Vice Chair Senator French Senator Hoffman Senator Menard Senator Wagoner Senator Meyer, alternate 2011-01-18 Senate Journal Page 0015 Administrative Regulation Review Senator French, Chair Senator Wagoner Senator Wielechowski Joint Armed Services Committee Senator Wielechowski, Cochair Senator Davis Senator Paskvan Senator Thomas Senator Huggins SR 1 Special Committee on World Trade Senator Stevens, Chair Senator Ellis Senator Hoffman Senator McGuire Senator Menard Senator Meyer Senator Wagoner Citations Senator Meyer moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Dr. Martin Luther King Jr. Day Senator(s) Davis, Stevens, Coghill, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Meyer moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 2011-01-18 Senate Journal Page 0016 Unfinished Business (continued) Letters dated October 26 and 27, 2010 were received stating President Stevens made the following appointments: Education Commission on the States Senator Davis Citizens' Advisory Commission on Federal Areas Warren Olson (term expires March 1, 2011) Announcements Announcements are at the end of the journal. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 19, 2011. Without objection, the Senate adjourned at 2:58 p.m. Kirsten Waid Secretary of the Senate 2011-01-18 Senate Journal Page 0017 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. * first hearing in first committee of referral + teleconferenced = bill was previously heard/scheduled JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Jan 20 Thursday House Finance 519 3:30 PM Agenda: Organizational + -- Teleconferenced <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Jan 20 Thursday House Finance 519 10:00 AM -- Agenda to be Announced -- ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Jan 19 Wednesday Butrovich 205 12:30 PM + Approval of Agenda Welcome New Legislative Members Election of Committee Chairs for 2011-2012 Public Comment Chair/Staff Report Rules of Procedure - suggested changes Marston & Cole - FY11 Legal Counsel Contract Budget - FY11 and FY12 Use of State Resources and Campaigning - Informational Only 2011 Legislation Update Other Business 2011-01-18 Senate Journal Page 0018 OTHER MEETINGS JOINT SESSION Jan 19 Wednesday House Chamber 7:00 PM Annual State of the State by the Honorable Sean Parnell, Governor of Alaska ---------------------------------------- MISCELLANEOUS MEETING Jan 31 Monday Senate Finance 532 1:00 PM School District Legislative Fly-in Informal Q&A Session Regarding Alaska's Public School System