Legislature(2011 - 2012)
2011-03-21 Senate Journal
Full Journal pdf2011-03-21 Senate Journal Page 0555 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday March 21, 2011 Sixty-third Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:01 a.m. The roll showed sixteen members present. Senator Dyson was excused from a call of the Senate. Senators McGuire, Paskvan, Stedman were absent. The prayer was offered by the Chaplain, Father Simeon Johnson of St. Nicholas Russian Orthodox Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. If I had to sum up the Orthodox spiritual tradition in one sentence or less, I would have to use the following line from St. Seraphim of Sarov (1759- 1833): "Acquire the Spirit of peace, and thousands around you will be saved." In that vein, I will offer a prayer from the Orthodox Lenten tradition by St. Ephraim the Syrian (A.D. 306-373): O Lord and Master of my life, take from me the spirit of sloth, despair, lust of power and idle talk. But give rather the spirit of chastity, humility, patience and love to Thy servant. Yea, O Lord and King: Grant me to see my own transgressions and not to judge my brother, for blessed art Thou, unto the ages of ages. Amen. 2011-03-21 Senate Journal Page 0556 Senator Kookesh led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the sixtieth through sixty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Paskvan, Stedman was noted. Messages from the House Message dated March 18 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 13 HOUSE BILL NO. 13 BY REPRESENTATIVES OLSON, Thomas, T.Wilson, entitled: "An Act relating to fees and charges for medical treatment or services as they relate to workers' compensation; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Communications Report from the Commissioner of the Department of Administration dated March 18 was received stating the monetary terms for the collective bargaining agreement reached with the Alaska Vocational Technical Center Teachers' Association in accordance with AS 23.40.215. The President referred the report to the Finance Committee. 2011-03-21 Senate Journal Page 0557 The presence of Senator McGuire was noted. Standing Committee Reports SB 18 The Finance Committee considered SENATE BILL NO. 18 "An Act relating to the duration of regular sessions of the legislature; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 18(FIN) "An Act relating to the convening and duration of regular sessions of the legislature; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan. Signing no recommendation: Senator Ellis. Signing amend: Senator Olson. The following fiscal information was published today: Fiscal Note No. 2, Legislative Agency Fiscal Note No. 3, Legislative Agency The bill was referred to the Rules Committee. SB 84 The Education Committee considered SENATE BILL NO. 84 "An Act relating to funding for high school vocational education as a component of funding for public schools; increasing the base student allocation used in the public school funding formula; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 84(EDC) "An Act relating to funding for high school vocational and technical instruction as a component of funding for public schools; increasing the base student allocation used in the public school funding formula; and providing for an effective date." Signing do pass: Senators Thomas, Meyer, Cochairs; Senators Davis, French. 2011-03-21 Senate Journal Page 0558 The following fiscal information was published today: Fiscal Note No. 1, Department of Education and Early Development Fiscal Note No. 2, Department of Education and Early Development The bill was referred to the Finance Committee. SCR 2 The Judiciary Committee considered SENATE CONCURRENT RESOLUTION NO. 2 Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to the presiding officer pro tempore, and recommended the adoption of the State Affairs Committee Substitute offered on page 276. Signing do pass: Senator French, Chair; Senators Paskvan, McGuire. Signing do not pass: Senator Coghill. Signing no recommendation: Senator Wielechowski. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Senate State Affairs Committee The resolution was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 107 SENATE BILL NO. 107 BY SENATOR ELLIS, entitled: "An Act making special appropriations for new engineering buildings for the University of Alaska in Anchorage and Fairbanks." was read the first time and referred to the Education and Finance Committees. SB 108 SENATE BILL NO. 108 BY SENATORS MCGUIRE, Davis, Giessel, Wagoner, Olson, Huggins, Coghill, Meyer, Menard, Thomas, Stevens, Ellis, entitled: 2011-03-21 Senate Journal Page 0559 "An Act naming the Dowling Road overpass at milepost 123.7 on the New Seward Highway the Spc. Stephen "Max" Cavanaugh, Jr., Memorial Overpass." was read the first time and referred to the Transportation and Finance Committees. SB 109 SENATE BILL NO. 109 BY SENATORS MCGUIRE, Wagoner, Wielechowski, entitled: "An Act providing for a tax credit for investment in a facility that produces liquids from gas, coal, or biomass." was read the first time and referred to the Resources and Finance Committees. SB 110 SENATE BILL NO. 110 BY SENATORS WIELECHOWSKI, McGuire, entitled: "An Act relating to human trafficking; and relating to sentencing and conditions of probation in criminal cases involving sex offenses." was read the first time and referred to the Judiciary and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 93 SENATE BILL NO. 93 "An Act relating to special request specialty organization registration plates; and providing for an effective date" was read the second time. 2011-03-21 Senate Journal Page 0560 Senator Meyer moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 93 was read the third time. The question being: "Shall SENATE BILL NO. 93 "An Act relating to special request specialty organization registration plates; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 93 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Coghill, Davis, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Excused: Dyson and so, SENATE BILL NO. 93 passed the Senate. Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Institute of Social and Economic Research 50th Anniversary Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Timothy Kraska, BP Teacher of Excellence Senator(s) Coghill, Stevens, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Wilson, T 2011-03-21 Senate Journal Page 0561 Honoring - Kenai Chamber of Commerce 2010 Community Service Awards Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Representative(s) Chenault, Olson Honoring - Soldotna Chamber of Commerce 2010 Community Service Awards Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Representative(s) Chenault, Olson Honoring - 75th Anniversary of Alaska State Fair Senator(s) Menard, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Christa Hayes, Northwest District Elementary School NASPE Teacher 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 - Kaylee Miltersen, Alaska State Poetry Out Loud Finalist Senator(s) Dyson, Stevens, Coghill, Davis, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Greg Carlson, 2010 Alaska Music Educator of the Year Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Sarah Lee "Sally" Elliott Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Herron 2011-03-21 Senate Journal Page 0562 In Memoriam - Gregory Moxie Representative(s) Edgmon Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Robert I. Vanderpool Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Joyce Munson Representative(s) Tuck Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Frederick Lyall Lambing Representative(s) Keller, Stoltze, Gatto, Neuman 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 SB 39 Senator Ellis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 39 "An Act ratifying an interstate compact to elect the President and Vice-President of the United States by national popular vote; and making related changes to statutes applicable to the selection by voters of electors for candidates for President and Vice-President of the United States and to the duties of those electors." Without objection, it was so ordered. 2011-03-21 Senate Journal Page 0563 SB 62 Senator French moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 62 "An Act allowing appropriations to the civil legal services fund from court filing fees." Without objection, it was so ordered. Senator Giessel moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, March 25 through morning plane time, March 28. Without objection, Senator Giessel was excused. EO 115 In accordance with Article III, Sec. 23 of the Alaska Constitution, action was not taken on the following Executive Order and it was returned to the Office of the Governor at 9:50 a.m., March 21, 2011: Executive Order No. 115 "Realigning the oversight authority of the Alaska Aerospace Corporation from the Department of Commerce, Community and Economic Development to the Department of Military and Veterans' Affairs." Announcements SB 95 Senator Kookesh, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 95 "An Act naming the ferry terminal located at Auke Bay in Juneau the Frank Palmer Ferry Terminal" for a 1:00 p.m. Transportation Committee meeting on March 24. Without objection, it was so ordered. Announcements are at the end of the journal. Engrossment SB 93 SENATE BILL NO. 93 "An Act relating to special request specialty organization registration plates; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2011-03-21 Senate Journal Page 0564 Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., March 22, 2011. Without objection, the Senate adjourned at 11:30 a.m. Kirsten Waid Secretary of the Senate 2011-03-21 Senate Journal Page 0565 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) 3:30 PM -- Note Time Change -- + Price of Oil's Impact to State and Municipal Governments <Above Item Removed from Agenda> + Bills Previously Heard/Scheduled Mar 31 Thursday Beltz 105 (tsbldg) 3:30 PM + Confirmation Hearing: Susan Bell, Commissioner, Department of Commerce, Community and Economic Development ---------------------------------------- EDUCATION Mar 21 Monday Beltz 105 (tsbldg) 8:00 AM += SB 84 VOC ED FUNDING/BASE STUDENT ALLOCATION + Bills Previously Heard/Scheduled 2011-03-21 Senate Journal Page 0566 EDUCATION (continued) Mar 23 Wednesday Beltz 105 (tsbldg) 8:00 AM + Parent Teacher Association (PTA) Presentation Mar 25 Friday Beltz 105 (tsbldg) 8:00 AM += SB 6 PREKINDERGARTEN SCHOOL PROGRAMS/PLANS + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE 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 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 2011-03-21 Senate Journal Page 0567 FINANCE (continued) 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 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 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 = SB 30 RETURN OF SEIZED PROPERTY 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 ---------------------------------------- 2011-03-21 Senate Journal Page 0568 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 <Bill Hearing Rescheduled to 3/24/11> + 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 += HB 28 TEMP LICENSE/FEE WAIVER FOR PROFESSIONALS <Pending Referral> <Bill Hearing Rescheduled from 3/22/11> ---------------------------------------- RESOURCES 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 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 ---------------------------------------- 2011-03-21 Senate Journal Page 0569 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 <Bill Hearing Moved to March 24> + Bills Previously Heard/Scheduled Mar 24 Thursday Butrovich 205 1:00 PM += SB 95 FRANK PALMER FERRY TERMINAL Uniform Rule 23 Waived ---------------------------------------- FINANCE SUBCOMMITTEES TRANSPORTATION & PUBLIC FACILITIES Mar 21 Monday Fahrenkamp 203 8:00 AM -- Meeting Postponed from March 18 -- Subcommittee Closeout ---------------------------------------- 2011-03-21 Senate Journal Page 0570 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 ---------------------------------------- OTHER MEETINGS 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 ---------------------------------------- 2011-03-21 Senate Journal Page 0571 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 ---------------------------------------- JOINT VETERANS CAUCUS Mar 21 Monday Beltz 105 (tsbldg) 4:00 PM Joint Veterans Caucus