Legislature(2011 - 2012)
2011-03-11 Senate Journal
Full Journal pdf2011-03-11 Senate Journal Page 0473 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday March 11, 2011 Fifty-third Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:02 a.m. The roll showed nineteen members present. Senator Olson was excused from a call of the Senate. The prayer was offered by the Chaplain, Dr. Paul Beran, Pastor Emeritus of Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious Father, we pray for the people and nation of Japan. Take this earthquake tragedy into your molding hands, and by your grace, cause even good to come out of it. We have come into this hallowed hall from many backgrounds; varied regions; and unique experiences. We have walked our journeys of life, sometimes with poise, and other times stumbling. Thank You for each person here. Give us the patience to deeply listen to one another, not that we might refute, but that we might better understand. Then with understanding, help us to give wise leadership to Alaska and all her special people. This I pray in the matchless name of the one who came, not to be served, but to serve, Jesus the Christ. Amen. 2011-03-11 Senate Journal Page 0474 Senator French led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the fifty-first and fifty-second legislative days and House and Senate Joint Journal Supplement No. 4 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 10 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 108 CS FOR HOUSE BILL NO. 108(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, amending appropriations, and making reappropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 109 CS FOR HOUSE BILL NO. 109(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." was read the first time and referred to the Finance Committee. 2011-03-11 Senate Journal Page 0475 Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature, February 2011 from John L. Aho, Chair, Alaska Seismic Hazards Safety Commission in accordance with AS 44.37.067 Alaska Salmon Fisheries Enhancement Program 2010 Annual Report from Bruce White, Alaska Department of Fish and Game, Division of Commercial Fisheries Standing Committee Reports Report dated March 9 was read stating: In accordance with AS 39.05.080, the Judiciary Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Board of Governors of the Alaska Bar William Granger State Board of Parole Daniel Morris Alaska Police Standards Council Kelly Alzaharna Rebecca Hamon Bernice Troglio This does not reflect an intent by any of the members to vote for or against the confirmation of the individuals during any further sessions. Signing the report: Senator French, Chair; Senators Coghill, Wielechowski, Paskvan, McGuire. 2011-03-11 Senate Journal Page 0476 Report dated March 10 was read stating: In accordance with AS 39.05.080, the Transportation Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Commissioner - Department of Transportation and Public Facilities Marc Luiken This does not reflect an intent by any of the members to vote for or against the confirmation of the individual during any further sessions. Signing the report: Senator Kookesh, Chair; Senators Egan, Thomas, Menard, Huggins. SB 61 The Judiciary Committee considered SENATE BILL NO. 61 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" and recommended the adoption of the State Affairs Committee Substitute offered on page 315. Signing do pass: Senator French, Chair; Senators Wielechowski, McGuire. Signing no recommendation: Senator Coghill. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Rules Committee. SB 87 The Labor and Commerce Committee considered SENATE BILL NO. 87 "An Act establishing a program in the Department of Commerce, Community, and Economic Development for payment of grants to health care providers for care of patients who are 65 years of age or older." Signing do pass: Senator Egan, Chair; Senators Davis, Paskvan, Menard. Signing do not pass: Senator Giessel. 2011-03-11 Senate Journal Page 0477 The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 82 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82 BY SENATOR DAVIS, entitled: "An Act relating to the procedures and jurisdiction of the Department of Health and Social Services for the care of children who are in state custody; relating to court jurisdiction and findings pertaining to children who are in state custody; and modifying the licensing requirements for foster care." was read the first time and referred to the Health and Social Services and Judiciary Committees. SB 97 SENATE BILL NO. 97 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act authorizing additional appropriations for public education and for community revenue sharing based on the price of Alaska North Slope crude oil, and adjusting the formula for payments to communities." was read the first time and referred to the Finance Committee. SB 98 SENATE BILL NO. 98 BY SENATORS WIELECHOWSKI, Coghill, Ellis, Menard, McGuire, Giessel, Egan, Paskvan, Thomas, entitled: "An Act relating to biometric information." was read the first time and referred to the State Affairs and Judiciary Committees. 2011-03-11 Senate Journal Page 0478 Consideration of the Calendar Citations Honoring - Kinross Fort Knox Mine Senator(s) Thomas, Paskvan, Coghill, Stevens, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Stedman, Wagoner, Wielechowski Representative(s) Miller, Guttenberg, Kawasaki, Thompson, Wilson, T Honoring - Raymond Jensen, Career and Technical Education Secondary Instructor of the Year Senator(s) Menard, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Aware Women of Distinction Representative(s) Kerttula, Munoz Senator(s) Egan, Stevens, Coghill, Davis, Dyson, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - The Bristol Bay Area Pilots and First Responders Following the Tragedy of August 9, 2010 Representative(s) Edgmon Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, French, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Alyeska Pipeline Service Company Representative(s) Feige Senator(s) Coghill, Stevens, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - West Anchorage High Football Team, 2010 4A Alaska State Champions Representative(s) Holmes Senator(s) French, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-03-11 Senate Journal Page 0479 Honoring - Iron Dog Champions, Tyler Huntington and Chris Olds Representative(s) Dick, Fairclough Senator(s) Kookesh, Dyson, Stevens, Coghill, Davis, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Charlie Crow Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Dick In Memoriam - Everett Wilbur Stone, Jr. Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman In Memoriam - Thomas Raymond Quick Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman In Memoriam - Stephen Kreber Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman In Memoriam - Kathryn Anna Maughan Pyrah Representative(s) Stoltze Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Homer Lee Mayo Representative(s) Neuman, Stoltze, Gatto, Keller Senator(s) Huggins, Menard, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-03-11 Senate Journal Page 0480 In Memoriam - Waureen L. "Donnie" Darilek Representative(s) Neuman, Stoltze, Gatto, Keller Senator(s) Huggins, Menard, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, 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. Unfinished Business Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from 1:00 p.m. plane time, March 18 through evening plane time, March 21. Without objection, Senator Dyson was excused. Senator Giessel moved and asked unanimous consent to be excused from a call of the Senate from 1:00 p.m. plane time, March 18 through morning plane time, March 21. Without objection, Senator Giessel was excused. 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., March 14, 2011. Without objection, the Senate adjourned at 10:29 a.m. Kirsten Waid Secretary of the Senate 2011-03-11 Senate Journal Page 0481 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 Mar 15 Tuesday Beltz 105 (tsbldg) 3:30 PM + SB 96 APPLICATION OF VILLAGE SAFE WATER ACT + Bills Previously Heard/Scheduled Mar 17 Thursday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled Mar 22 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 24 Thursday Beltz 105 (tsbldg) 3:00 PM + Planning for Alaska's Regional Ports and Harbors Mar 29 Tuesday Beltz 105 (tsbldg) 3:00 PM + Price of Oil's Impact to State and Municipal Governments Mar 31 Thursday Beltz 105 (tsbldg) 3:30 PM + Confirmation Hearing: Susan Bell, Commissioner, Department of Commerce, Community and Economic Development ---------------------------------------- EDUCATION Mar 11 Friday Terry Miller Gym 8:00 AM -- Location Change -- Joint House/Senate Education Committee Meeting + Presentation: Higher Education and Career Readiness Task Force 2011-03-11 Senate Journal Page 0482 EDUCATION (continued) Mar 14 Monday Beltz 105 (tsbldg) 8:00 AM += SB 84 VOC ED FUNDING/BASE STUDENT ALLOCATION += SB 6 PREKINDERGARTEN SCHOOL PROGRAMS/PLANS -- Above Bill: Time Permitting -- + Bills Previously Heard/Scheduled Mar 16 Wednesday Beltz 105 (tsbldg) 8:00 AM Presentation: + Fetal Alcohol Spectrum Disorders in the Schools Mar 18 Friday Barnes 124 8:00 AM Joint Meeting with House Education Committee + Presentation: Board of Education and Early Development ---------------------------------------- FINANCE Mar 11 Friday Senate Finance 532 9:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Mar 14 Monday Senate Finance 532 9:00 AM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 14 Monday Senate Finance 532 1:00 PM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 15 Tuesday Senate Finance 532 9:00 AM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 15 Tuesday Senate Finance 532 1:00 PM Mar 15 Tuesday Senate Finance 532 3:00 PM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled 2011-03-11 Senate Journal Page 0483 FINANCE (continued) Mar 16 Wednesday Senate Finance 532 9:00 AM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 16 Wednesday Senate Finance 532 1:00 PM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 17 Thursday Senate Finance 532 9:00 AM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 17 Thursday Senate Finance 532 5:00 PM -Statewide Public Testimony- += SB 46 BUDGET: CAPITAL + Bills Previously Heard/Scheduled Mar 18 Friday Senate Finance 532 9:00 AM += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 11 Friday Butrovich 205 1:30 PM No Meeting Scheduled Mar 14 Monday Butrovich 205 1:30 PM + HB 21 SUICIDE PREVENTION COUNCIL MEMBERS + SCR 1 LUPUS AWARENESS MONTH + SB 82 FOSTER CARE LICENSING/STATE CUSTODY Bills Previously Heard/Scheduled Mar 16 Wednesday Beltz 105 (tsbldg) 1:30 PM -- Location Change -- + SB 15 SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE + SB 8 STUDENT QUESTIONNAIRES AND SURVEYS Bills Previously Heard/Scheduled 2011-03-11 Senate Journal Page 0484 HEALTH & SOCIAL SERVICES (continued) Mar 18 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 11 Friday Beltz 105 (tsbldg) 1:30 PM += SB 9 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY + SCR 2 UNIFORM RULES: PRESIDING OFFICER PRO TEM + Bills Previously Heard/Scheduled Mar 14 Monday Beltz 105 (tsbldg) 1:30 PM + Status of Litigation: Criminal Division, Department of Law + HB 7 SYNTHETIC CANNABINOIDS + Bills Previously Heard/Scheduled Mar 16 Wednesday Butrovich 205 1:30 PM -- Location Change -- + Confirmation Hearing: John J. Burns, Attorney General -- Testimony <Invitation Only> -- Mar 18 Friday Beltz 105 (tsbldg) 1:30 PM += SB 86 PROTECTION OF VULNERABLE ADULTS/MINORS += SB 30 RETURN OF SEIZED PROPERTY + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 15 Tuesday Beltz 105 (tsbldg) 2:00 PM -- Note: Meeting Times Have Changed -- + SB 40 USE OF RECORDED MESSAGES + Bills Previously Heard/Scheduled Mar 17 Thursday Beltz 105 (tsbldg) 2:00 PM + Bills Previously Heard/Scheduled ---------------------------------------- 2011-03-11 Senate Journal Page 0485 RESOURCES Mar 11 Friday Butrovich 205 3:30 PM Bills Previously Heard/Scheduled += SB 49 PRODUCTION TAX ON OIL AND GAS Presentation by Sponsor Mar 14 Monday Butrovich 205 3:30 PM += SB 49 PRODUCTION TAX ON OIL AND GAS Presentation: Oil and Gas Production Tax Status Report to the Legislature Bryan Butcher, Commissioner, Dept. of Revenue Bills Previously Heard/Scheduled Mar 16 Wednesday Butrovich 205 3:30 PM += SB 49 PRODUCTION TAX ON OIL AND GAS Presentation on Oil and Gas Tax Credits Lenny Dees, Master Auditor, Dept. of Revenue Bills Previously Heard/Scheduled Mar 18 Friday Butrovich 205 3:30 PM += SB 49 PRODUCTION TAX ON OIL AND GAS Petroleum Fiscal System Design Florent Rousset, Gaffney Cline & Associates Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 15 Tuesday Butrovich 205 9:00 AM Senate Bill: + An Act Relating to Biometric Information <Pending Introduction & Referral> + SB 89 LEGISLATIVE ETHICS ACT Bills Previously Heard/Scheduled Mar 17 Thursday Butrovich 205 9:00 AM + Confirmation Hearings: State Commission for Human Rights - Jerrad "Shea" Hutchings Alaska Public Offices Commission - Kenneth Kirk += SB 94 SECOND VERSE OF ALASKA'S STATE SONG Bills Previously Heard/Scheduled ---------------------------------------- 2011-03-11 Senate Journal Page 0486 TRANSPORTATION Mar 15 Tuesday Butrovich 205 1:00 PM += SB 93 SPECIALTY LICENSE PLATES + Bills Previously Heard/Scheduled Mar 17 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 15 Tuesday Fahrenkamp 203 5:30 PM + Closeout ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Mar 15 Tuesday Fahrenkamp 203 3:00 PM -- Location Change -- Closeout ---------------------------------------- CORRECTIONS Mar 17 Thursday Butrovich 205 1:00 PM -- Time Change from 5:30 pm & Location Change -- + Closeout ---------------------------------------- COURT SYSTEM Mar 15 Tuesday Sen Conf Rm 103 Tsb 3:00 PM + Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 15 Tuesday Butrovich 205 5:15 PM + Closeout ---------------------------------------- 2011-03-11 Senate Journal Page 0487 ENVIRONMENTAL CONSERVATION Mar 14 Monday Butrovich 205 12:00 PM + Department Overview and FY 12 Budget Request Mar 17 Thursday Beltz 105 (tsbldg) 11:00 AM + Closeout ---------------------------------------- FISH & GAME Mar 17 Thursday Beltz 105 (tsbldg) 8:00 AM + Budget Close Out -- Testimony <Invitation Only> -- ---------------------------------------- GOVERNOR Mar 16 Wednesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 16 Wednesday Beltz 105 (tsbldg) 3:30 PM + Budget Close Out -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 14 Monday Beltz 105 (tsbldg) 4:00 PM -- Location Change -- Budget Closeout ---------------------------------------- LAW Mar 15 Tuesday Fahrenkamp 203 1:30 PM Subcommittee Closeout ---------------------------------------- LEGISLATURE Mar 16 Wednesday Senate Finance 532 3:10 PM Closeout ---------------------------------------- 2011-03-11 Senate Journal Page 0488 MILITARY & VETERANS' AFFAIRS Mar 15 Tuesday Butrovich 205 12:00 PM + Overview of the Department & FY12 Budget Request ---------------------------------------- NATURAL RESOURCES Mar 11 Friday Fahrenkamp 203 12:00 PM Budget - Department Addresses Committee Questions Overview of House Budget Actions Mar 17 Thursday Fahrenkamp 203 12:00 PM Budget Closeout ---------------------------------------- PUBLIC SAFETY Mar 15 Tuesday Beltz 105 (tsbldg) 8:00 AM + Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Mar 17 Thursday Fahrenkamp 203 1:30 PM Subcommittee Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 15 Tuesday Fahrenkamp 203 8:00 AM Subcommittee Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 17 Thursday Senate Finance 532 8:30 AM Closeout ---------------------------------------- JOINT COMMITTEES ALASKA NORTHERN WATERS TASK FORCE Mar 14 Monday Capitol 106 12:00 PM + Organizational 2011-03-11 Senate Journal Page 0489 HIGHER EDUC/CAREER READINESS TASK FORCE Mar 11 Friday Terry Miller Gym 8:00 AM -- Time Change -- + Discuss Preliminary (Draft) Recommendations to the Legislature: -- Public Testimony Available on Request -- 8:00 - Roundtable Discussion with both Alaska State Senate & House Education Committees 10:00 - Break for Legislative Business & Lunch 1:00 - Discussion & Review of Preliminary Recommendations: Slate S, cont. (or Slate U) 1:45 - Discussion & Review of Preliminary Recommendations: Slate U 3:15 - Wrap up, Unfinished Task Force Business, Closing Comments Note: Members of the Public Wishing to Testify May Request to do so at Anytime by Signing-In at the Meeting, or by Contacting Their Local Legislative Information Office ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 29 Tuesday House Finance 519 8:00 AM Audits: Executive Session + Other Committee Business -- Teleconference <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Mar 17 Thursday House Finance 519 11:00 AM Agenda Forthcoming Apr 07 Thursday House Finance 519 11:00 AM Agenda Forthcoming ---------------------------------------- 2011-03-11 Senate Journal Page 0490 OTHER MEETINGS FISH CAUCUS Mar 15 Tuesday Capitol 106 12:00 PM + Unveiling of the Financial Report for the Community Development Quota Program (CDQ) Larry Cotter President of WACDA ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS Mar 24 Thursday Beltz 105 (tsbldg) 12:00 PM + Highways to Health Transportation from Alaska ---------------------------------------- JOINT SESSION Mar 22 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator