Legislature(2011 - 2012)
2011-03-18 Senate Journal
Full Journal pdf2011-03-18 Senate Journal Page 0535 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday March 18, 2011 Sixtieth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:00 a.m. The roll showed seventeen members present. Senators Egan, Kookesh, Menard were excused from a call of the Senate. The Lord's Prayer was sung by the Chaplain, Sherry Patterson of Breakthrough Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Father which art in heaven, hallowed be thy name. Thy kingdom come. Thy will be done on earth, as it is in heaven. Give us this day our daily bread. And forgive us our debts, as we forgive our debtors. And lead us not into temptation, but deliver us from evil. For thine is the kingdom, and the power, and the glory, forever. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the fifty-eighth and fifty-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2011-03-18 Senate Journal Page 0536 Messages from the House Message dated March 16 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 19 CS FOR HOUSE JOINT RESOLUTION NO. 19(RES) BY THE HOUSE RESOURCES COMMITTEE, Urging the United States Senate to ratify the United Nations Convention on the Law of the Sea. was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 60 HOUSE BILL NO. 60 BY REPRESENTATIVES SEATON, Gruenberg, entitled: "An Act relating to aquatic farm permitting involving geoducks and to geoduck seed transfers between certified hatcheries and aquatic farms." was read the first time and referred to the Resources and Finance Committees. Standing Committee Reports Report dated March 16 was read stating: In accordance with AS 39.05.080, the Judiciary Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Attorney General - Department of Law John J. Burns 2011-03-18 Senate Journal Page 0537 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 French, Chair; Senators Paskvan, Wielechowski, Coghill. Report dated March 17 was read stating: In accordance with AS 39.05.080, the State Affairs Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Alaska Public Offices Commission Kenneth Kirk 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 Wielechowski, Chair; Senators Meyer, Giessel, Paskvan. SB 8 The Health and Social Services Committee considered SENATE BILL NO. 8 "An Act relating to questionnaires and surveys administered in the public schools." Signing do pass: Senator Davis, Chair; Senator Egan. Signing do not pass: Senator Dyson. Signing no recommendation: Senator Meyer. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Rules Committee. SB 15 The Health and Social Services Committee considered SENATE BILL NO. 15 "An Act relating to penalties for certain alcohol offenses involving persons under 21 years of age committed by a sex offender or child kidnapper" and recommended it be replaced with CS FOR SENATE BILL NO. 15(HSS) 2011-03-18 Senate Journal Page 0538 Signing do pass: Senator Davis, Chair; Senators Meyer, Egan, Dyson. The following fiscal information was published today: Fiscal Note No. 1, Department of Corrections Fiscal Note No. 2, indeterminate, Department of Law President Stevens added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 66 The Labor and Commerce Committee considered SENATE BILL NO. 66 "An Act creating a new markets tax credit assistance guarantee and loan program within the Alaska Industrial Development and Export Authority; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 66(L&C) "An Act creating a new markets tax credit assistance guarantee and loan program within the Alaska Industrial Development and Export Authority and relating to the program; and providing for an effective date." Signing do pass: Senator Paskvan, Vice Chair; Senators Giessel, Davis, Menard. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 82 The Health and Social Services Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82 "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" and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82(HSS) 2011-03-18 Senate Journal Page 0539 Signing do pass: Senator Davis, Chair; Senators Meyer, Ellis, Egan, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Judiciary Committee. SB 98 The State Affairs Committee considered SENATE BILL NO. 98 "An Act relating to biometric information" and recommended it be replaced with CS FOR SENATE BILL NO. 98(STA) Signing do pass: Senator Wielechowski, Chair; Senators Giessel, Meyer, Paskvan. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate State Affairs Committee Fiscal information forthcoming. The bill was referred to the Judiciary Committee. HB 98 The State Affairs Committee considered HOUSE BILL NO. 98 "An Act relating to display, folding, presentment, and retirement of the state flag" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 98(STA) Signing do pass: Senator Wielechowski, Chair; Senators Paskvan, Meyer, Giessel. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Military and Veterans Affairs The bill was referred to the Rules Committee. 2011-03-18 Senate Journal Page 0540 Introduction and Reference of Senate Bills SB 105 SENATE BILL NO. 105 BY SENATORS HUGGINS, Giessel, entitled: "An Act designating the official state firearm." was read the first time and referred to the State Affairs and Finance Committees. SB 106 SENATE BILL NO. 106 BY SENATORS DYSON, Giessel, entitled: "An Act establishing the parental choice scholarship program to be administered by school districts for the purpose of paying the cost of attending grades kindergarten through 12 at public and private schools; and providing for an effective date." was read the first time and referred to the Education, Judiciary and Finance Committees. Consideration of the Calendar Citations Honoring - Juneau Peace Corps Volunteers on the 50th Anniversary of the Peace Corps Senator(s) Egan, Stevens, Coghill, Davis, Dyson, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Kerttula, Munoz Honoring - Eagle Scout Cody Warfield Representative(s) Chenault, Olson Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski 2011-03-18 Senate Journal Page 0541 Honoring - Kyong Hollen, Business Leader of the Year Representative(s) Kawasaki Senator(s) Paskvan, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Lloyd "Stinky" Franklin Hardy Representative(s) Foster Senator(s) Olson, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, 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 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 - Providence Senior Care Center Representative(s) Gara Senator(s) Ellis, Stevens, Coghill, Davis, Dyson, Egan, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Cyrano's Off-Center Playhouse Representative(s) Gara Senator(s) Ellis, Stevens, Coghill, Davis, Egan, French, 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. 2011-03-18 Senate Journal Page 0542 HCR 4 Senator Meyer moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 4 Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2010 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; and providing for an effective date for the amendments, which had been held on the Secretary's desk (page 518). Without objection, it was so ordered. HOUSE CONCURRENT RESOLUTION NO. 4 was read the second time and was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 4 Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2010 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; and providing for an effective date for the amendments, pass the Senate?" The roll was taken with the following result: HCR 4 Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Ellis, French, Giessel, Hoffman, Huggins, McGuire, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Excused: Egan, Kookesh, Menard and so, HOUSE CONCURRENT RESOLUTION NO. 4 passed the Senate, was signed by the President and Secretary and returned to the House. Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate on March 21, to morning plane time. Without objection, Senator Ellis was excused. Announcements Senator Stedman, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived in order for the Senate Finance Committee meeting to hear a Department of Transportation Overview: Roads to Resources, at 9:00 a.m. on March 25. Without objection, it was so ordered. 2011-03-18 Senate Journal Page 0543 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 21, 2011. Without objection, the Senate adjourned at 10:17 a.m. Kirsten Waid Secretary of the Senate 2011-03-18 Senate Journal Page 0544 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 22 Tuesday Beltz 105 (tsbldg) 3:30 PM + HB 130 RESIDENTIAL SPRINKLER SYSTEMS + Alaska Tsunami Modeling & Emergency Preparedness John Aho, Chair, Alaska Seismic Hazards Safety Commission Rod Combellick, Deputy Director, Division of Geological & Geophysical Surveys Roger Hansen, Alaska Earthquake Info Center + Bills Previously Heard/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 18 Friday Barnes 124 8:00 AM Joint Meeting with House Education Committee + Presentation: Board of Education and Early Development Mar 21 Monday Beltz 105 (tsbldg) 8:00 AM += SB 84 VOC ED FUNDING/BASE STUDENT ALLOCATION + Bills Previously Heard/Scheduled Mar 23 Wednesday Beltz 105 (tsbldg) 8:00 AM + Parent Teacher Association (PTA) Presentation 2011-03-18 Senate Journal Page 0545 EDUCATION (continued) Mar 25 Friday Beltz 105 (tsbldg) 8:00 AM += SB 6 PREKINDERGARTEN SCHOOL PROGRAMS/PLANS + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Mar 18 Friday Senate Finance 532 5:00 PM -- Please Note Time Change -- += SB 46 BUDGET: CAPITAL <Above Item Removed from Agenda> Agency Overviews Bills Previously Heard/Scheduled += SB 76 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS Mar 21 Monday Senate Finance 532 9:00 AM += SB 18 DURATION OF REGULAR LEGISLATIVE SESSIONS + SB 97 COMMUNITY REVENUE SHARING/EDUC FUNDING + SB 102 AK AFFORDABLE HEATING PROGRAM PAYMENTS + SB 23 FILM PRODUCTION TAX CREDIT + Bills Previously Heard/Scheduled Mar 22 Tuesday Senate Finance 532 9:00 AM Subcommittee Reports + HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS + HB 109 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled Mar 23 Wednesday Senate Finance 532 8:30 AM -- Note Meeting Time -- += HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 109 APPROP: MENTAL HEALTH BUDGET Statewide Public Testimony Public Testimony 2 Minute Limit (Testifiers should be signed in no later than 15 minutes prior to the end of their allotted time period) 8:30 - 9:45 a.m. Juneau 9:45 - 10:45 a.m. Kenai, Valdez, Kodiak, Seward, Mat-Su, Glennallen, Tok 1:00 - 2:15 p.m. Anchorage 2:15 - 3:15 p.m. Fairbanks 3:30 - 4:30 p.m. Ketchikan, Sitka, Wrangell, Petersburg, Homer, Dillingham, Cordova 4:45 - 5:45 p.m. Bethel, Kotzebue, Barrow, Nome, Delta Junction, Unalaska, Offnets 2011-03-18 Senate Journal Page 0546 FINANCE (continued) Mar 24 Thursday Senate Finance 532 9:00 AM += HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 109 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled Mar 25 Friday Senate Finance 532 9:00 AM + Department of Transportation Overview: Roads to Resources Uniform Rule 23 Waived += HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 109 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 18 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 21 Monday Butrovich 205 1:30 PM + Governor's Appointments/Confirmation Report Bills Previously Heard/Scheduled Mar 23 Wednesday Butrovich 205 1:30 PM += SB 5 MEDICAL ASSISTANCE ELIGIBILITY Bills Previously Heard/Scheduled Mar 25 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY 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 = SCR 2 UNIFORM RULES: PRESIDING OFFICER PRO TEM Mar 21 Monday Beltz 105 (tsbldg) 1:30 PM + SB 7 FELONS' RIGHT TO VOTE OR BE JURORS + SB 98 BIOMETRIC INFORMATION FOR ID + Bills Previously Heard/Scheduled 2011-03-18 Senate Journal Page 0547 JUDICIARY (continued) Mar 23 Wednesday Beltz 105 (tsbldg) 1:30 PM + Board Confirmations: Violent Crimes Compensation Board Alaska Police Standards Council Alaska Commission on Judicial Conduct Alaska Judicial Council + Bills Previously Heard/Scheduled Mar 25 Friday Beltz 105 (tsbldg) 1:30 PM += HB 7 SYNTHETIC CANNABINOIDS + SB 101 ENTITY TRANSACTIONS ACT + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 22 Tuesday Beltz 105 (tsbldg) 2:00 PM -- Note: Meeting Time -- + SB 78 LIQUOR LICENSE HOLDER LIABILITY + HB 28 TEMP LICENSE/FEE WAIVER FOR PROFESSIONALS <Pending Referral> + Bills Previously Heard/Scheduled += SB 70 ALASKA HEALTH BENEFIT EXCHANGE Mar 24 Thursday Beltz 105 (tsbldg) 2:00 PM -- Note: Meeting Time -- + Presentation: Economic Security for Women in AK by Portia Wu VP National Partnership for Women & Families + SB 32 APPROP: ALTERNATIVE ENERGY REV. LOAN FUND + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES 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 Mar 21 Monday Butrovich 205 3:30 PM + SB 13 WAIVE PARK FEE FOR DISABLED VETERANS += SB 42 POWER PROJECT; ALASKA ENERGY AUTHORITY + HJR 9 ENDORSING ANWR LEASING Bills Previously Heard/Scheduled 2011-03-18 Senate Journal Page 0548 RESOURCES (continued) Mar 23 Wednesday Butrovich 205 3:30 PM + Confirmation Hearings: Cora Campbell, Commissioner, DF&G Dan Sullivan, Commissioner, DNR Bills Previously Heard/Scheduled Mar 25 Friday Butrovich 205 3:30 PM + SJR 2 LIMIT FEDERAL INTERVENTION IN STATE += SB 85 TAX CREDIT FOR NEW OIL & GAS DEVELOPMENT Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 22 Tuesday Butrovich 205 9:00 AM += HB 28 TEMP LICENSE/FEE WAIVER FOR PROFESSIONALS -- Public Testimony Closed -- += SB 94 SECOND VERSE OF ALASKA'S STATE SONG -- Public Testimony Closed -- Overview: + Japan's Nuclear Crisis: What it Means for Alaska What is Being Done to Monitor Radiation Levels? Is There Cause for Concern? What Are the Health Effects from Small Doses of Radiation? What Steps Can Alaskans Take to be Better Prepared? Bills Previously Heard/Scheduled Mar 24 Thursday Butrovich 205 9:00 AM + SB 53 COMMISSION ON THE STATUS OF WOMEN + HCR 6 SEXUAL ASSAULT AWARENESS MONTH + Confirmation Hearing: Bryan Butcher, Commissioner Designee for the Department of Revenue Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 22 Tuesday Butrovich 205 1:00 PM + SB 95 FRANK PALMER FERRY TERMINAL + Bills Previously Heard/Scheduled Mar 24 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- 2011-03-18 Senate Journal Page 0549 FINANCE SUBCOMMITTEES REVENUE Mar 18 Friday Fahrenkamp 203 3:00 PM -- Please Note Time Change -- -- Meeting Postponed from March 17 -- Subcommittee Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 18 Friday Fahrenkamp 203 8:00 AM -- Meeting Postponed to March 21 -- Subcommittee Closeout Mar 21 Monday Fahrenkamp 203 8:00 AM -- Meeting Postponed from March 18 -- Subcommittee Closeout ---------------------------------------- JOINT COMMITTEES HIGHER EDUC/CAREER READINESS TASK FORCE Mar 26 Saturday Capitol 106 9:00 AM + Final Meeting Draft Final Recommendations -- Testimony <Invitation Only> -- ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 29 Tuesday House Finance 519 8:00 AM Audits: Executive Session + Other Committee Business -- Teleconference <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Apr 07 Thursday House Finance 519 11:00 AM Agenda Forthcoming ---------------------------------------- 2011-03-18 Senate Journal Page 0550 OTHER MEETINGS ANCHORAGE CAUCUS Mar 19 Saturday Anchorage 10:00 AM Introduction by Representative Pruitt Department of Transportation: Commissioner Luiken, Deputy Commissioner Pat Kemp and Regional Director Rob Campbell Municipality of Anchorage: Mayor Sullivan Anchorage School Board: John Steiner Public Testimony and Questions Caucus Location: Z.J. Loussac Public Library - Assembly Chambers 3600 Denali Street ---------------------------------------- BUSH CAUCUS Mar 24 Thursday H Conf Rm 102 Tsb 12:00 PM Legislature and Staff are Invited to a Demonstration of Digital Learning Via the iPad. Participants Will Enjoy Hands-On Demonstrations of Learning Opportunities through Applications and Digital Content on an iPad in a Very Learner-Friendly Format. Coordinators: Assn of Alaska School Boards through the Consortium for Digital Learning ---------------------------------------- FISH CAUCUS Mar 22 Tuesday Capitol 106 12:00 PM + Marine Invasive Species, Tammy Davis, ADF&G ---------------------------------------- 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