Legislature(2011 - 2012)

2011-01-26 Senate Journal

Full Journal pdf

2011-01-26                     Senate Journal                      Page 0095
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-SEVENTH LEGISLATURE                                                                         
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                 January 26, 2011                                                   
                                                                                                                                
                                  Ninth Day                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 11:00 a.m.                                                                                                           
                                                                                                                                
The roll showed twenty members present.                                                                                         
                                                                                                                                
There was a choral performance by the children of Discovery                                                                     
Preschool.                                                                                                                      
                                                                                                                                
The prayer was offered by the Chaplain, Murray Richmond. Senator                                                                
Meyer moved and asked unanimous consent that the prayer be spread.                                                              
Without objection, it was so ordered.                                                                                           
                                                                                                                                
          Holy and Eternal God,                                                                                                 
                                                                                                                                
          In the 23rd Psalm, David said you were like a good                                                                    
          shepherd, leading and caring for your sheep. Heaven                                                                   
          knows, we often need guidance and care, especially                                                                    
          since this body is often charged with providing                                                                       
          guidance and care for the people of this state. And if                                                                
          anyone knows that is a hard task, you do, O Lord.                                                                     
                                                                                                                                
          The needs of the people are great, and sometimes we                                                                   
          as leaders feel like a sheep without a shepherd. We                                                                   
          want to balance being good stewards of the state's                                                                    
          resources, as well as being good stewards of the                                                                      
          state's people - especially the least among us, the                                                                   
          people who present more needs than opportunities,                                                                     
          the people who don't have all the resources we have,                                                                  

2011-01-26                     Senate Journal                      Page 0096
          the sick, the hungry, the prisoners, the poor. These                                                                  
          are the people you specifically asked us to care for,                                                                 
          and yet these are the people who present that hardest                                                                 
          challenge when it comes to care and guidance.                                                                         
                                                                                                                                
          I ask your wisdom and compassion to rest on this                                                                      
          body as it fulfills its duties to the state. I know that                                                              
          the men and women here will work hard to provide                                                                      
          leadership and guidance to the state of Alaska, but I                                                                 
          pray that they also remember that you are also hard at                                                                
          work, providing guidance and care for them in their                                                                   
 work.                                                                  Amen.                                                  
                                                                                                                                
                                                                                                                                
Senator Egan led the Senate in the Pledge of Allegiance.                                                                        
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journals                                                               
for the seventh and eighth legislative days be approved as certified by                                                         
the Secretary. Without objection, it was so ordered.                                                                            
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated January 25 was read stating:                                                                                      
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-seventh Alaska Legislature at 11:00 a.m. on                                                               
Tuesday, March 22 for the purpose of hearing Senator Mark Begich's                                                              
annual message to the Alaska State Legislature.                                                                                 
                                                                                                                                
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.                                                                                
                                                                                                                                
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0097
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Department of Law 2010 Annual Report                                                                                            
from John J. Burns, Attorney General, Department of Law                                                                         
in accordance with AS 44.23.020(b)(7)                                                                                           
                                                                                                                                
Investment Earnings Report for the Alaska Marine Highway System                                                                 
Fund and the Alaska Marine Highway System Vessel Replacement                                                                    
Fund                                                                                                                            
from Bryan Butcher, Commissioner, Department of Revenue                                                                         
in accordance with AS 19.65.070(c) and AS 37.05.550(c)                                                                          
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SJR 4                                                                                                                         
SENATE JOINT RESOLUTION NO. 4 BY SENATOR HUGGINS,                                                                               
                                                                                                                                
              Honoring President Reagan on the 100th anniversary                                                               
          of his birth.                                                                                                         
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
SCR 3                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 3 BY SENATOR                                                                                   
HUGGINS,                                                                                                                        
                                                                                                                                
          Urging the Alaska Historical Commission to prepare                                                                    
          recommendations for the naming of a geographical                                                                      
          feature in the state as a permanent legacy in                                                                         
          recognition of President Ronald Reagan's service to                                                                   
          the United States of America.                                                                                         
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0098
SCR 4                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 4 BY SENATOR                                                                                   
MCGUIRE,                                                                                                                        
                                                                                                                                
          Creating and relating to the Alaska Oil and Gas                                                                       
          Competitiveness Review Task Force.                                                                                    
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 68                                                                                                                         
SENATE BILL NO. 68 BY SENATOR COGHILL, entitled:                                                                                
                                                                                                                                
          "An Act relating to the examinations, board, loans,                                                                   
          records, and lobbying contracts of the Alaska                                                                         
          Commercial Fishing and Agriculture Bank; and                                                                          
          providing for an effective date."                                                                                     
                                                                                                                                
was read the first time and referred to the Labor and Commerce and                                                              
Finance Committees.                                                                                                             
                                                                                                                                
SB 69                                                                                                                         
SENATE BILL NO. 69 BY SENATOR EGAN, entitled:                                                                                   
                                                                                                                                
          "An Act repealing a prohibition against classified                                                                    
          state employees participating in the management of                                                                    
          political parties above the precinct level."                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs and Labor and                                                         
Commerce Committees.                                                                                                            
                                                                                                                                
SB 70                                                                                                                         
SENATE BILL NO. 70 BY SENATORS FRENCH, Davis, entitled:                                                                         
                                                                                                                                
          "An Act establishing the Alaska Health Benefit                                                                        
          Exchange; and providing for an effective date."                                                                       
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0099
was read the first time and referred to the Labor and Commerce and                                                              
Finance Committees.                                                                                                             
                                                                                                                                
SB 71                                                                                                                         
SENATE BILL NO. 71 BY SENATOR MCGUIRE, entitled:                                                                                
                                                                                                                                
          "An Act relating to the duties of the Department of                                                                   
          Labor and Workforce Development; relating to the                                                                      
          tax rates applicable to the production of oil and gas;                                                                
          relating to a rebate of the production tax on oil and                                                                 
          gas based on the employment of resident workers;                                                                      
          relating to credits against the oil and gas production                                                                
          tax; relating to the period in which oil and gas                                                                      
          production taxes may be assessed; and providing for                                                                   
          an effective date."                                                                                                   
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
SB 72                                                                                                                         
SENATE BILL NO. 72 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to the crimes of stalking, online                                                                    
          enticement of a minor, unlawful exploitation of a                                                                     
          minor, endangering the welfare of a child, sending an                                                                 
          explicit image of a minor, harassment, distribution of                                                                
          indecent material to minors, and misconduct                                                                           
          involving confidential information; relating to                                                                       
          probation; and providing for an effective date."                                                                      
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Public Safety                                                                           
 Fiscal Note No. 2, zero, Department of Law                                                                                     
 Fiscal Note No. 3, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 4, indeterminate, Department of Corrections                                                                    
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0100
Governor's transmittal letter dated January 24:                                                                                 
                                                                                                                                
Dear President Stevens:                                                                                                         
                                                                                                                                
Together, we can better protect Alaska's children against abuse,                                                                
exploitation, harm, and fear. To that end, and under the authority of                                                           
Article III, Section 18, of the Alaska Constitution, I am transmitting a                                                        
bill relating to the crimes of stalking, online enticement of a minor,                                                          
unlawful exploitation of a minor, endangering the welfare of a child,                                                           
sending an explicit image of a minor, harassment, distribution of                                                               
indecent material to minors, and misconduct involving confidential                                                              
information and probation.                                                                                                      
                                                                                                                                
The bill would strengthen Alaska laws related to sexual exploitation of                                                         
children and domestic violence. The bill prohibits the creation of                                                              
indecent images of children, online enticement of a child, and using a                                                          
computer to solicit or entice a minor to engage in sexual behavior.                                                             
                                                                                                                                
The bill would expand the crime of stalking to include those acts of                                                            
following or monitoring the victim with a global positioning device,                                                            
and using or installing a device to record or photograph events in the                                                          
victim's home, workplace, vehicle, or on the victim's telephone or                                                              
computer. These changes are in response to technologies that stalkers                                                           
have available to terrorize victims.                                                                                            
                                                                                                                                
Also, the bill would prohibit graphic texting, commonly known as                                                                
"sexting." Perpetrators would be punished for distributing a sexually                                                           
explicit image of a child under 16 years old.                                                                                   
                                                                                                                                
The bill clarifies that conduct by predators outside the state that harm                                                        
victims in Alaska may be prosecuted in this state. The bill also                                                                
clarifies that a child under 16 years old may not be left with an                                                               
individual who must register as a child kidnapper.                                                                              
                                                                                                                                
Finally, the bill would clarify that a court may order active supervision                                                       
for probationers who are on felony probation. Active supervision in                                                             
particular cases enhances public safety by requiring close supervision                                                          
of certain offenders. Active supervision could also be provided to                                                              
certain misdemeanants in the discretion of the commissioner of                                                                  
corrections.                                                                                                                    

2011-01-26                     Senate Journal                      Page 0101
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the following                                                              
citations be made a special order of business. Without objection, it was                                                        
so ordered.                                                                                                                     
                                                                                                                                
                          Special Order of Business                                                                          
                                                                                                                                
Honoring - 2011 Inductees: Alaska Sports Hall of Fame                                                                           
Representative(s) Joule                                                                                                         
Senator(s) Olson, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French,                                                          
Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer,                                                                     
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
In Memoriam - Marlene Andrea Benavides Fleming                                                                                  
Senator(s) Davis, Stevens, Coghill, Dyson, Egan, Ellis, French,                                                                 
Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer,                                                                     
Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                          
                                                                                                                                
In Memoriam - Specialist Amy Renee Sinkler                                                                                      
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 citations                                                              
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
SB 21                                                                                                                         
Senator Ellis moved and asked unanimous consent to be shown as a                                                                
cosponsor on SENATE BILL NO. 21 "An Act extending senior                                                                        
benefits." Without objection, it was so ordered.                                                                                
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0102
SB 38                                                                                                                         
Senators Ellis, French, McGuire, Menard, Egan moved and asked                                                                   
unanimous consent to be shown as cosponsors on SENATE BILL NO.                                                                  
38 "An Act establishing a one-time occupational death benefit for                                                               
peace officers and firefighters." Without objection, it was so ordered.                                                         
                                                                                                                                
SB 53                                                                                                                         
Senator Ellis moved and asked unanimous consent to be shown as a                                                                
cosponsor on SENATE BILL NO. 53 "An Act reestablishing the                                                                      
Alaska Commission on the Status of Women; and relating to the                                                                   
purpose and powers of the Alaska Human Relations Commission."                                                                   
Without objection, it was so ordered.                                                                                           
                                                                                                                                
SCR 2                                                                                                                         
Senator Ellis moved and asked unanimous consent to be shown as a                                                                
cosponsor on SENATE CONCURRENT RESOLUTION NO. 2                                                                                 
Proposing amendments to the Uniform Rules of the Alaska State                                                                   
Legislature relating to the presiding officer pro tempore. Without                                                              
objection, it was so ordered.                                                                                                   
                                                                                                                                
SB 33                                                                                                                         
Senators Meyer, Dyson, Olson moved and asked unanimous consent                                                                  
to be shown as cosponsors on SENATE BILL NO. 33 "An Act                                                                         
relating to the disposition of remains of a member of the military if the                                                       
member dies while in a duty status." Without objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 10:00 a.m., January 28, 2011. Without                                                                
objection, the Senate adjourned at 11:39 a.m.                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0103
                                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                                                                        
                                                                                                                                
Jan 27        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Jan 26        Wednesday                          Barnes 124           8:00 AM                                                 
+             Joint with House Education                                                                                        
                                                                                                                                
Jan 28        Friday                      Beltz 105 (tsbldg)          8:00 AM                                                 
+ SB   3 FUNDING FOR SCHOOL MEALS                                                                                               
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Jan 26        Wednesday                 Senate Finance 532            9:00 AM                                                 
+             FY12 Budget Overview & Fiscal Summary                                                                             
              Office of Management and Budget,                                                                                  
              Director Karen Rehfeld                                                                                            
                                                                                                                                
Jan 27        Thursday                  Senate Finance 532            9:00 AM                                                 
+             FY12 Budget Overview & Fiscal Summary                                                                             
              Legislative Finance Division, Director David Teal                                                                 
                                                                                                                                
Jan 28        Friday                    Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0104
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Jan 26        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 28        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Jan 26        Wednesday                   Beltz 105 (tsbldg)          1:30 PM                                                 
+             Overview: Alaska Department of Corrections                                                                        
                                                                                                                                
Jan 28        Friday                      Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Jan 26        Wednesday                          Barnes 124           3:15 PM                                                 
              Joint w/(H) Labor & Commerce                                                                                      
              Overview of the Department of Labor and                                                                           
              Workforce Development                                                                                             
                                                                                                                                
Jan 28        Friday                             Barnes 124           3:15 PM                                                 
              Joint w/(H) Labor & Commerce                                                                                      
              Continued overviews as needed                                                                                     
              Department of Commerce, Community and Economic                                                                    
              Development                                                                                                       
              Department of Labor & Workforce Development                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Jan 26        Wednesday                       Butrovich 205           3:30 PM                                                 
+             Presentation: Alaska Energy Report                                                                                
              Railbelt Large Hydroelectric                                                                                      
              Mike Harper, Acting Executive Director, AEA                                                                       
              Bryan Carey, Tech Engineer, Project Manager, AEA                                                                  
              Sara L. Fisher-Goad, Deputy Director, Operations,                                                                 
              AEA                                                                                                               
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0105
                            RESOURCES (continued)                                                                            
                                                                                                                                
Jan 28        Friday                          Butrovich 205           3:30 PM                                                 
              Presentation: Kevin Banks, Director: Alaska                                                                       
              Division of Oil and Gas                                                                                           
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Jan 27        Thursday                        Butrovich 205           9:00 AM                                                 
+ SB  18 DURATION OF REGULAR LEGISLATIVE SESSIONS                                                                               
+ SB  26 FEE/TAX EXEMPTION FOR CERTAIN VEHICLES                                                                                 
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Jan 27        Thursday                           Barnes 124           1:00 PM                                                 
              Joint with House Transportation                                                                                   
+             Alaska State Railroad Overview - Christopher                                                                      
              Aadnesen, President and CEO, Alaska State                                                                         
              Railroad; Bill O'Leary, Chief Financial Officer,                                                                  
              Alaska State Railroad; Tom Brooks, Chief                                                                          
              Engineer, Alaska State Railroad                                                                                   
+             Port of Anchorage - Governor Bill Sheffield,                                                                      
              Director, Port of Anchorage                                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                           ARMED SERVICES COMMITTEE                                                                          
                                                                                                                                
Feb 08        Tuesday                   Senate Finance 532            9:00 AM                                                 
+             Presentation: Update on Alaska's Military, by                                                                     
              Lt. General Dana Atkins, Commander: Alaskan                                                                       
              Command, Alaskan North American Aerospace                                                                         
              Defense Command Region, Joint Task Force Alaska,                                                                  
              and Eleventh Air Force                                                                                            
              Maj. General Thomas Katkus, Adjutant General,                                                                     
              Alaska National Guard; Commissioner, Department                                                                   
              of Military and Veterans' Affairs                                                                                 
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                

2011-01-26                     Senate Journal                      Page 0106
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Feb 03        Thursday                   House Finance 519          11:00 AM                                                  
              Agenda Forthcoming                                                                                                
                                                                                                                                
Feb 17        Thursday                                  TBA         11:00 AM                                                  
              Agenda Forthcoming                                                                                                
                                                                                                                                
Mar 17        Thursday                   House Finance 519          11:00 AM                                                  
              Agenda Forthcoming                                                                                                
                                                                                                                                
Apr 07        Thursday                   House Finance 519          11:00 AM                                                  
              Agenda Forthcoming                                                                                                
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Feb 24        Thursday                     House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Lisa Murkowski, U.S. Senator                                                                                      
                                                                                                                                
Mar 09        Wednesday                    House Chamber            11:00 AM                                                  
              State of the Judiciary Address by                                                                                 
              Chief Justice Walter Carpeneti                                                                                    
                                                                                                                                
Mar 22        Tuesday                      House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Mark Begich, U.S. Senator                                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                            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