Legislature(2011 - 2012)
2011-03-14 Senate Journal
Full Journal pdf2011-03-14 Senate Journal Page 0495 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday March 14, 2011 Fifty-sixth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:02 a.m. The roll showed seventeen members present. Senator Coghill was excused from a call of the Senate. Senators McGuire, Stedman were absent. Senator Meyer moved and asked unanimous consent that Senator Stedman be excused from a call of the Senate today. Without objection, Senator Stedman was excused. The prayer was offered by the Chaplain, Nancy Campbell of the Gospel Outreach Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Heavenly Father, I come to you this day on behalf of this Senate body as they convene to conduct the business of our state. Give them the wisdom, the understanding and the knowledge they need as they address the issues set before them. I pray for clarity of mind as they meet together and a working unity. If there are any here who are sick, I pray for your healing touch upon them. Strengthen them and grant the fortitude needed for the tasks that 2011-03-14 Senate Journal Page 0496 lay ahead of them. I lift up their families to you, Lord, watch over them and keep them safe. And now, Lord, I pray for your blessing here in this place and upon these Senators. I pray this in Jesus' name. Amen. Senator Giessel led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the fifty-third through fifty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator McGuire was noted. Messages from the Governor SB 33 Message was read stating the Governor signed the following bill on March 11 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 33(STA) "An Act relating to the disposition of remains of a member of the armed forces if the member dies while in a duty status." Chapter No. 1, SLA 2011 Effective Date: 6/9/11 Messages from the House Message dated March 11 was read stating the House passed and transmitted for consideration: 2011-03-14 Senate Journal Page 0497 First Reading and Reference of House Resolutions HCR 8 HOUSE CONCURRENT RESOLUTION NO. 8 BY REPRESENTATIVES TUCK, Cissna, Austerman, Munoz, Dick, Millett, P.Wilson, Gruenberg, Hawker, Guttenberg, Petersen, Fairclough, Costello, Kerttula, Pruitt, Chenault, Miller, Gara, Gardner, Kawasaki, Herron, Johansen, Urging the Transportation Security Administration to reconsider its use of pat-down search procedures adopted on October 28, 2010, and to conduct pat- down searches using less invasive but equally effective procedures; and urging the United States Congress to exercise greater oversight of the Transportation Security Administration. was read the first time. Senator Meyer moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 8 be taken up at this time. Without objection, it was so ordered. Senators Olson, Giessel, Wielechowski, Kookesh, Ellis, Menard, Paskvan, Egan, Davis, McGuire, Meyer moved and asked unanimous consent to be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 8 Urging the Transportation Security Administration to reconsider its use of pat-down search procedures adopted on October 28, 2010, and to conduct pat-down searches using less invasive but equally effective procedures; and urging the United States Congress to exercise greater oversight of the Transportation Security Administration, pass the Senate?" The roll was taken with the following result: 2011-03-14 Senate Journal Page 0498 HCR 8 Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Excused: Coghill, Stedman and so, HOUSE CONCURRENT RESOLUTION NO. 8 passed the Senate, was signed by the President and Secretary and returned to the House. Message dated March 11 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 130 CS FOR HOUSE BILL NO. 130(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to municipal building code requirements for fire sprinkler systems in certain residential buildings." was read the first time and referred to the Community and Regional Affairs and Labor and Commerce Committees. Introduction and Reference of Senate Bills SB 99 SENATE BILL NO. 99 BY SENATOR PASKVAN, entitled: "An Act relating to a heating fuel energy relief program; and providing for an effective date." was read the first time and referred to the Finance Committee. 2011-03-14 Senate Journal Page 0499 SB 100 SENATE BILL NO. 100 BY SENATOR PASKVAN, entitled: "An Act relating to employer contributions to the Public Employees' Retirement System of Alaska; relating to requirements that employers who terminate some or all participation in the Public Employees' Retirement System of Alaska pay termination costs; and making the changes retroactive." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 101 SENATE BILL NO. 101 BY SENATOR PASKVAN, entitled: "An Act adopting the Alaska Entity Transactions Act; relating to changing the form of entities, including corporations, partnerships, limited liability companies, business trusts, and other organizations; amending Rule 79, Alaska Rules of Civil Procedure, and Rules 602(b)(2), 602(c), and 605.5, Alaska Rules of Appellate Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 102 SENATE BILL NO. 102 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to certain payments made under the Alaska affordable heating program." was read the first time and referred to the Finance Committee. 2011-03-14 Senate Journal Page 0500 Consideration of the Calendar Citations Honoring - South High Boys Varsity Hockey Team, 2010 - 2011 4A State Champions Representative(s) Lynn, Johnson Senator(s) Giessel, Stevens, Coghill, Davis, Dyson, Egan, Ellis, 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. Unfinished Business Senator Huggins moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 18 through evening plane time, March 20. Without objection, Senator Huggins was excused. Senator Olson moved and asked unanimous consent to be excused from a call of the Senate on March 18. Without objection, Senator Olson was excused. Senator Egan moved and asked unanimous consent to be excused from a call of the Senate from noon plane time, March 17 through afternoon plane time, March 20. Without objection, Senator Egan was excused. President Stevens made the following appointments: Pacific NorthWest Economic Region (PNWER) Delegate Council Senator McGuire Senator Dyson Senator Wagoner, alternate Senator Huggins, alternate 2011-03-14 Senate Journal Page 0501 Citizens' Advisory Commission on Federal Areas Senator Menard Rod Arno Warren Olson (reappointed, page 16) Energy Council Senator Davis Senator Olson Senator Huggins Senator Hoffman Senator Dyson Senator Stevens Senator French Senator Wielechowski Senator McGuire Energy Council Executive Committee Senator Wagoner Senator Stedman Energy Council CLEER Board of Directors Senator Paskvan Council of State Governments (CSG) - West Executive Committee Senator Stevens Senator Huggins Senator McGuire CSG - West Education Committee Senator French Senator Wielechowski Senator Davis CSG - West Energy and Public Lands Committee Senator French Senator Wielechowski Senator Wagoner Senator Paskvan Senator McGuire Senator Egan Senator Hoffman Senator Giessel 2011-03-14 Senate Journal Page 0502 CSG - West Fiscal Affairs Committee Senator Wielechowski Senator Stedman Senator Hoffman Senator Giessel CSG - West International Trade Committee Senator Menard Senator Huggins Senator Coghill CSG - West Water and Environment Committee Senator Coghill CSG - West Western Economic Development Committee Senator Wielechowski Senator Giessel National Conference of State Legislatures (NCSL) Agriculture and Energy Committee Senator Thomas Senator McGuire Senator Wielechowski Senator Hoffman Senator Wagoner Senator Dyson Senator Giessel NCSL Budgets and Revenue Committee Senator Meyer Senator Menard Senator Giessel NCSL Education Committee Senator Menard Senator Davis NCSL Communications, Financial Services and Interstate Commerce Committee Senator Egan 2011-03-14 Senate Journal Page 0503 NCSL Environment Committee Senator French Senator Wielechowski NCSL Health Committee Senator Davis Senator Dyson NCSL Human Services and Welfare Committee Senator Davis NCSL Labor and Economic Development Committee Senator Giessel NCSL Law and Criminal Justice Committee Senator French Senator McGuire Senator Coghill NCSL Legislative Effectiveness Committee Senator Huggins NCSL Transportation Committee Senator Menard Senator Huggins Statewide Broadband Task Force Senator Paskvan Anchorage Economic Development Corporation Board Senator Ellis, Ex-Officio Member Senator McGuire, Ex-Officio Member Legislative Council Senator Thomas, alternate Announcements Announcements are at the end of the journal. 2011-03-14 Senate Journal Page 0504 Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 16, 2011. Without objection, the Senate adjourned at 11:47 a.m. Kirsten Waid Secretary of the Senate 2011-03-14 Senate Journal Page 0505 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 + Alaska Tsunami Modeling & Emergency Preparedness 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 ---------------------------------------- 2011-03-14 Senate Journal Page 0506 EDUCATION 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 14 Monday Senate Finance 532 9:00 AM -- MEETING CANCELED -- += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 14 Monday Senate Finance 532 1:00 PM -- MEETING CANCELED -- += SB 46 BUDGET: CAPITAL Agency Overviews + Bills Previously Heard/Scheduled Mar 15 Tuesday Senate Finance 532 9:00 AM += SB 46 BUDGET: CAPITAL Dept of Transportation Dept of Health & Social Services Dept of Commerce, Community & Economic Development Alaska Energy Authority + Bills Previously Heard/Scheduled Mar 15 Tuesday Senate Finance 532 3:00 PM += SB 46 BUDGET: CAPITAL Dept of Natural Resources Alaska Housing Finance Corp + Bills Previously Heard/Scheduled 2011-03-14 Senate Journal Page 0507 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 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 82 FOSTER CARE LICENSING/STATE CUSTODY + SB 15 SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE + SB 8 STUDENT QUESTIONNAIRES AND SURVEYS Bills Previously Heard/Scheduled Mar 18 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- 2011-03-14 Senate Journal Page 0508 JUDICIARY Mar 14 Monday Beltz 105 (tsbldg) 1:30 PM + Status of Litigation: Criminal Division, Department of Law + HB 7 SYNTHETIC CANNABINOIDS = SB 9 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY + 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 += SB 81 PUBLIC RETIREE MED. BENEFITS: DEPENDENTS Mar 17 Thursday Beltz 105 (tsbldg) 2:00 PM + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES 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 2011-03-14 Senate Journal Page 0509 RESOURCES (continued) 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 ---------------------------------------- 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 ---------------------------------------- 2011-03-14 Senate Journal Page 0510 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 ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 14 Monday Butrovich 205 12:00 PM -- MEETING CANCELED -- + Department Overview and FY 12 Budget Request Mar 17 Thursday Beltz 105 (tsbldg) 11:00 AM + Closeout ---------------------------------------- 2011-03-14 Senate Journal Page 0511 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 ---------------------------------------- 2011-03-14 Senate Journal Page 0512 MILITARY & VETERANS' AFFAIRS Mar 15 Tuesday Butrovich 205 12:00 PM Closeout ---------------------------------------- NATURAL RESOURCES 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 -- Meeting Postponed to March 18 -- Subcommittee Closeout Mar 18 Friday Fahrenkamp 203 8:00 AM -- Meeting Postponed from March 15 -- Subcommittee Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 17 Thursday Senate Finance 532 8:30 AM Closeout ---------------------------------------- 2011-03-14 Senate Journal Page 0513 JOINT COMMITTEES ALASKA NORTHERN WATERS TASK FORCE Mar 14 Monday Capitol 106 12:00 PM + Organizational ---------------------------------------- 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 ---------------------------------------- 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 IN-STATE GAS CAUCUS Mar 15 Tuesday Beltz 105 (tsbldg) 5:00 PM Update on the In-State Gasline Project by Dan Fauske, Alaska Gasline Development Corp ---------------------------------------- 2011-03-14 Senate Journal Page 0514 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