Legislature(2011 - 2012)
2011-03-22 Senate Journal
Full Journal pdf2011-03-22 Senate Journal Page 0573 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Tuesday March 22, 2011 Sixty-fourth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:46 a.m. The roll showed sixteen members present. Senators Egan, McGuire, Stedman, Thomas were absent. The prayer was offered by the Chaplain, The Reverend Hunter P. Silides of Holy Trinity Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious and loving God, author of all life; we praise and thank you for this day which you have made, and for the very breath of our bodies which is a gift from you. Remind us to use our life and our breath to care for the land and the people you have given us to love. Continue to uphold and bless the men and women gathered here in service of your people in the state of Alaska. Imbue them with a renewed sense of purpose that when this day is over and their breath is calm in sleep they may rest in the sure knowledge that they have done only the work you have given them to do. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. 2011-03-22 Senate Journal Page 0574 Certification Senator Meyer moved and asked unanimous consent that the journal for the sixty-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports The presence of Senators Egan, Thomas was noted. Report dated March 21 was read stating: In accordance with AS 39.05.080, the Health and Social Services Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Commissioner - Department of Health and Social Services William Streur Board of Dental Examiners Cheryl Fellenberg Dr. Thomas Kovaleski Dr. Paul Silveira Dr. Robert Warren Board of Marital and Family Therapy Leon Webber JoAnn Young Alaska Mental Health Trust Authority Board of Trustees Mike Barton Russell Webb Board of Certified Direct-Entry Midwives Dr. Peggy Downing 2011-03-22 Senate Journal Page 0575 Board of Nursing Beth Farnstrom Julie Gillette Erin Pringle Board of Examiners in Optometry Dr. Paul Barney Board of Pharmacy Lori DeVito Dirk White State Physical Therapy and Occupational Therapy Board Valerie Phelps Board of Psychologist and Psychological Associate Examiners Dr. John DeRuyter Board of Social Work Examiners Jen Syzdek 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 Davis, Chair; Senators Meyer, Ellis, Egan. The presence of Senator McGuire was noted. SB 30 The Judiciary Committee considered SENATE BILL NO. 30 "An Act providing for the release of certain property in the custody of a law enforcement agency to the owner under certain conditions" and recommended it be replaced with CS FOR SENATE BILL NO. 30(JUD) "An Act providing for the release of certain property in the custody of a law enforcement agency to a crime victim under certain conditions and relating to requests for that release by the office of victims' rights." 2011-03-22 Senate Journal Page 0576 Signing do pass: Senator French, Chair; Senator Coghill. Signing no recommendation: Senators Wielechowski, Paskvan. The following fiscal information was published today: Fiscal Note No. 2, indeterminate, Department of Law The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety President Stevens added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 42 The Resources Committee considered SENATE BILL NO. 42 "An Act relating to the procurement of supplies, services, professional services, and construction for the Alaska Energy Authority; establishing the Alaska Railbelt energy fund and relating to the fund; relating to and repealing the Railbelt energy fund; relating to the quorum of the board of the Alaska Energy Authority; relating to the powers of the Alaska Energy Authority regarding employees and the transfer of certain employees of the Alaska Industrial Development Export Authority to the Alaska Energy Authority; relating to acquiring or constructing certain projects by the Alaska Energy Authority; relating to the definition of 'feasibility study' in the Alaska Energy Authority Act; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 42(RES) "An Act establishing the Alaska Railbelt energy fund and relating to the fund; relating to and repealing the Railbelt energy fund; relating to the quorum of the Alaska Energy Authority; relating to the powers of the Alaska Energy Authority regarding employees and the transfer of certain employees of the Alaska Industrial Development Export Authority to the Alaska Energy Authority; relating to the acquisition or construction of certain projects by the Alaska Energy Authority; relating to the Alaska Energy Authority's creating subsidiary corporations for 2011-03-22 Senate Journal Page 0577 power projects; providing approval by law for the Alaska Energy Authority to create a subsidiary corporation relating to the Watana Hydroelectric Power Project; relating to the definition of 'feasibility study' in the Alaska Energy Authority Act; and providing for an effective date." Signing do pass: Senator Wagoner, Cochair; Senator McGuire. Signing amend: Senator Paskvan, Cochair; Senators Wielechowski, Stedman, Stevens. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Commerce, Community and Economic Development Fiscal Note No. 2, Department of Commerce, Community and Economic Development Fiscal Note No. 3, Department of Commerce, Community and Economic Development Fiscal Note No. 4, Department of Commerce, Community and Economic Development Fiscal Note No. 5, Department of Commerce, Community and Economic Development Fiscal Note No. 6, Department of Commerce, Community and Economic Development Fiscal Note No. 7, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. HJR 9 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 9(RES) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas exploration, development, and production; relating to oil and gas exploration, development, production, and royalties; and relating to renewable and alternative energy technologies, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 9(RES) 2011-03-22 Senate Journal Page 0578 Signing do pass: Senators Paskvan, Wagoner, Cochairs; Senators Stevens, Stedman, French, McGuire. Signing no recommendation: Senator Wielechowski. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 BY SENATOR MEYER, Proclaiming September 9, 2011, as Fetal Alcohol Spectrum Disorders Awareness Day. was read the first time and referred to the Health and Social Services Committee. Consideration of the Calendar Citations Honoring - Richard Toymil, 2010 National Distinguished Principal Senator(s) Dyson, Stevens, Coghill, Davis, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Michael Rehe, Eagle Scout Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner Representative(s) Petersen 2011-03-22 Senate Journal Page 0579 Honoring - John Quniaq Baker, 2011 Iditarod Champion 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 - Susan Joy "Sue" Thompson 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 - James "Jimbo" Edwards Representative(s) Doogan, Holmes Senator(s) Menard, French, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Barbara Newell Representative(s) Gruenberg Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner 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. Recess Senator Meyer moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:53 a.m. Joint Session in the House The presence of Senator Stedman was noted. 2011-03-22 Senate Journal Page 0580 Speaker Chenault called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Stevens, who called the Joint Session to order at 11:02 a.m. The purpose of the Joint Session was to hear an address by the Honorable Mark Begich, United States Senator. Senator Meyer moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Austerman moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Stevens appointed Representative Holmes and Senator Ellis to escort Senator Begich to the Joint Session. The Senate Sergeant at Arms, Zachary Mannix, announced Senator Mark Begich's entrance to the House Chamber. The Honorable Senator was escorted to the rostrum and welcomed by President Stevens. Senator Begich delivered his address. This address appears in Senate and House Joint Journal Supplement No. 5. Following his address, there was a question and answer period. Senator Begich received a standing ovation and was escorted from the chamber by Senator Ellis and Representative Holmes. Senator Meyer moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Stevens adjourned the Joint Session at 11:46 a.m. After Recess In the Senate The Senate reconvened at 11:50 a.m. 2011-03-22 Senate Journal Page 0581 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 23, 2011. Without objection, the Senate adjourned at 11:50 a.m. Kirsten Waid Secretary of the Senate 2011-03-22 Senate Journal Page 0582 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 ---------------------------------------- 2011-03-22 Senate Journal Page 0583 EDUCATION 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 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 3:00 PM -- Meeting Postponed from 9 am to 3 pm -- += HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 109 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled 2011-03-22 Senate Journal Page 0584 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 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 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 <Bill Hearing Rescheduled to 3/24/11> + Bills Previously Heard/Scheduled += SB 70 ALASKA HEALTH BENEFIT EXCHANGE 2011-03-22 Senate Journal Page 0585 LABOR & COMMERCE (continued) 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 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 2011-03-22 Senate Journal Page 0586 STATE AFFAIRS (continued) 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 -- MEETING CANCELED -- + 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 ---------------------------------------- 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> -- ---------------------------------------- 2011-03-22 Senate Journal Page 0587 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 ---------------------------------------- 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