Legislature(2011 - 2012)
2011-03-30 Senate Journal
Full Journal pdf2011-03-30 Senate Journal Page 0643 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday March 30, 2011 Seventy-second Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:01 a.m. The roll showed eighteen members present. Senators Kookesh, McGuire were absent. Senator Meyer moved and asked unanimous consent that Senators Kookesh, McGuire be excused from a call of the Senate to evening plane time today. Without objection, Senators Kookesh, McGuire were excused. The prayer was offered by the Chaplain, The Reverend Dr. Frances A. Williams of the Leake Temple A.M.E. Zion Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Today's prayer for guidance is prefixed with this quote: "Just as treasures are uncovered from the earth, so virtue appears from good deed, and wisdom appears from a pure and peaceful mind. To walk safely from the maze of human life, one needs the light of wisdom, and the guidance of virtue." Lord, may this day (as every day should) begin with you in mind, continue with your help and be done under your guidance. May all that be shared in this day be freed from obstacles designed to hinder our way. 2011-03-30 Senate Journal Page 0644 Thank you for growth in your love as we continue to serve others and become a pleasing offering to you; and with you to your Father. May your guidance lead us around those mysteries of life set forth that would impede the progress of this day . Amen. Senator Stedman led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the seventieth and seventy-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. SB 8 Senator Meyer moved and asked unanimous consent that the time for reconsideration on SENATE BILL NO. 8 "An Act relating to questionnaires and surveys administered in the public schools" be extended to April 1. Without objection, it was so ordered. Messages from the House Messages dated March 28 and 29 were read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 15 CS FOR HOUSE JOINT RESOLUTION NO. 15(EDT) BY THE HOUSE SPECIAL COMMITTEE ON ECONOMIC DEVELOPMENT, TRADE, AND TOURISM, Relating to collaboration with the Yukon and the Northwest Territories through the Pacific NorthWest Economic Region and its Arctic Caucus to address common issues. was read the first time and referred to the State Affairs Committee. 2011-03-30 Senate Journal Page 0645 HCR 7 HOUSE CONCURRENT RESOLUTION NO. 7 BY REPRESENTATIVES SADDLER, Lynn, Fairclough, Costello, Johnson, Petersen, Chenault, Guttenberg, Millett, Pruitt, Relating to awarding the Alaska Decoration of Honor to certain members of the military. was read the first time and referred to the State Affairs Committee. First Reading and Reference of House Bills HB 18 CS FOR HOUSE BILL NO. 18(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act establishing Alaska Public Gardens Day on the Saturday immediately preceding Memorial Day each year." was read the first time and referred to the State Affairs Committee. HB 24 CS FOR HOUSE BILL NO. 24(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 155 CS FOR HOUSE BILL NO. 155(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to the applicability of prevailing wage rates to public construction contracts; and, with regard to public construction contracts, relating to 2011-03-30 Senate Journal Page 0646 notifications, bonding notifications, filings, notices, primary contractors, final payments, penalties, advertised specifications, required contract provisions, terminations, lists of violating contractors, and remedies." was read the first time and referred to the Labor and Commerce Committee. HB 189 CS FOR HOUSE BILL NO. 189(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to the Alaska Gasline Development Corporation and creating an exception to the public records statute for information provided to the Alaska Gasline Development Corporation; amending the composition of the Joint In-State Gasline Development Team; and providing for an effective date." was read the first time and referred to the Resources Committee. Communications The following Budget and Audit Report was received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and is on file in the Office of the Secretary of the Senate: State of Alaska, Single Audit for the Fiscal Year Ended June 30, 2010 Standing Committee Reports SB 5 The Health and Social Services Committee considered SENATE BILL NO. 5 "An Act relating to eligibility requirements for medical assistance for certain children and pregnant women; and providing for an effective date." Signing do pass: Senator Davis, Chair; Senators Ellis, Egan. Signing do not pass: Senator Dyson. Signing amend: Senator Meyer. 2011-03-30 Senate Journal Page 0647 The following fiscal information was published today: Fiscal Note No. 1, Department of Health and Social Services Fiscal Note No. 2, Department of Health and Social Services Fiscal Note No. 3, Department of Health and Social Services The bill was referred to the Finance Committee. SB 19 The Finance Committee considered SENATE BILL NO. 19 "An Act excluding motorcycles and motor-driven cycles from the passenger vehicle rental tax" and recommended it be replaced with CS FOR SENATE BILL NO. 19(FIN) "An Act specifying the vehicle rental tax for motorcycles and motor-driven cycles; and providing for an effective date." Signing do pass: Senator Hoffman, Cochair; Senators Egan, Ellis. Signing no recommendation: Senator Stedman, Cochair; Senators Thomas, Olson. Fiscal information forthcoming. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Revenue The bill was referred to the Rules Committee. SB 53 The State Affairs Committee considered SENATE BILL NO. 53 "An Act reestablishing the Alaska Commission on the Status of Women; and relating to the purpose and powers of the Alaska Human Relations Commission." Signing do pass: Senator Wielechowski, Chair; Senators Kookesh, Paskvan. Signing do not pass: Senator Giessel. Signing no recommendation: Senator Meyer. The following fiscal information was published today: Fiscal Note No. 1, Office of the Governor The bill was referred to the Finance Committee. 2011-03-30 Senate Journal Page 0648 SB 78 The Labor and Commerce Committee considered SENATE BILL NO. 78 "An Act relating to liability of certain limited liability organizations holding liquor licenses." Signing do pass: Senator Egan, Chair, Senators Giessel, Davis, Paskvan, Menard. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety The bill was referred to the Judiciary Committee. SB 97 The Finance Committee considered SENATE BILL NO. 97 "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" and recommended it be replaced with CS FOR SENATE BILL NO. 97(FIN) "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; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, Olson, Ellis. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Senate Finance Committee Fiscal Note No. 2, indeterminate, Senate Finance Committee The bill was referred to the Rules Committee. SB 108 The Transportation Committee considered SENATE BILL NO. 108 "An Act naming the Dowling Road overpass at milepost 123.7 on the New Seward Highway the Spc. Stephen "Max" Cavanaugh, Jr., Memorial Overpass." Signing do pass: Senator Kookesh, Chair; Senators Huggins, Menard, Egan. 2011-03-30 Senate Journal Page 0649 The following fiscal information was published today: Fiscal Note No. 1, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. HB 28 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 28(FIN) "An Act relating to temporary courtesy licenses for certain nonresident professionals and to a temporary exemption from fees and other licensing requirements for active duty members of the armed forces" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 28(L&C) "An Act relating to temporary courtesy licenses for certain nonresident professionals and to a temporary exemption from fees and other licensing requirements for active duty members of the armed forces; authorizing temporary licenses for pawnbrokers not currently licensed by a municipality; and providing for an effective date." (Title change SCR forthcoming) Signing do pass: Senator Egan, Chair; Senators Giessel, Davis, Paskvan, 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 Rules Committee. HB 130 The Community and Regional Affairs Committee considered CS FOR HOUSE BILL NO. 130(L&C) "An Act relating to municipal building code requirements for fire sprinkler systems in certain residential buildings." Signing no recommendation: Senator Olson, Chair. Signing do pass: Senators Kookesh, Menard, Wagoner. 2011-03-30 Senate Journal Page 0650 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety The bill was referred to the Labor and Commerce Committee. HJR 19 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 19(RES) Urging the United States Senate to ratify the United Nations Convention on the Law of the Sea. Signing do pass: Senators Wagoner, Paskvan, Cochairs; Senators Stevens, Stedman, Wielechowski, French, McGuire. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. HCR 6 The State Affairs Committee considered HOUSE CONCURRENT RESOLUTION NO. 6 Proclaiming the month of April 2011 to be Sexual Assault Awareness Month. Signing do pass: Senator Wielechowski, Chair; Senators Giessel, Meyer, Paskvan, Kookesh. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Rules Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 117 SENATE BILL NO. 117 BY SENATORS WIELECHOWSKI, Huggins, Davis, entitled: "An Act relating to the allowable absence for active duty service members of the armed forces for purposes of permanent fund dividend eligibility" was read the first time and referred to the State Affairs and Finance Committees. 2011-03-30 Senate Journal Page 0651 Consideration of the Calendar Second Reading of House Bills HB 108 CS FOR HOUSE BILL NO. 108(FIN) "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 second time. Senator Hoffman, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 629. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 108(FIN) was adopted. President Stevens stated SENATE CS FOR CS FOR HOUSE BILL NO. 108(FIN) will advance to third reading on the April 1 calendar. HB 109 CS FOR HOUSE BILL NO. 109(FIN) "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 second time. Senator Hoffman, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 629. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) was adopted. President Stevens stated SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) will advance to third reading on the April 1 calendar. Citations Honoring - The First-Ever All-American Women's Yukon River Quest Team Senator(s) French, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-03-30 Senate Journal Page 0652 Honoring - Regent Erik Drygas 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 - Ginny Sargent 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 - Oscar Watsjold Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Seaton In Memoriam - Pier Hale Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner Representative(s) Gruenberg 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 Citations Senator Meyer moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. 2011-03-30 Senate Journal Page 0653 Special Order of Business Honoring - Parrish West, 2010-2011 Division II Ron Lenz National Player of the Year Representative(s) Guttenberg Senator(s) Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, 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. Senator Giessel moved and asked unanimous consent to be excused from a call of the Senate from noon plane time, April 1 through morning plane time, April 3. Without objection, Senator Giessel was excused. HB 166 Senator Dyson moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 166(FIN) am "An Act relating to performance reviews and audits of executive and legislative branch agencies, the University of Alaska, and the Alaska Court System; and providing for an effective date." Without objection, it was so ordered. HCR 7 Senators Wielechowski, Dyson, Meyer, Menard, Egan, Davis, Paskvan, Thomas, Ellis moved and asked unanimous consent to be shown as cross sponsors on HOUSE CONCURRENT RESOLUTION NO. 7 Relating to awarding the Alaska Decoration of Honor to certain members of the military. Without objection, it was so ordered. SB 100 Senator Menard moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 100 "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." Without objection, it was so ordered. 2011-03-30 Senate Journal Page 0654 Senator Meyer moved and asked unanimous consent that the Senate return to Introduction of Guests. Without objection, the Senate returned to: Introduction of Guests Senator Meyer introduced Sten Arne Rosnes, the Consul General of Norway responsible for the thirteen westernmost United States. Announcements Announcements are at the end of the journal. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., April 1, 2011. Without objection, the Senate adjourned at 11:30 a.m. Kirsten Waid Secretary of the Senate 2011-03-30 Senate Journal Page 0655 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 31 Thursday Beltz 105 (tsbldg) 3:30 PM + Confirmation Hearing: Susan Bell, Commissioner, Department of Commerce, Community and Economic Development + Alaska Coastal Management Plan ---------------------------------------- EDUCATION Mar 30 Wednesday Beltz 105 (tsbldg) 8:00 AM += SB 6 PREKINDERGARTEN SCHOOL PROGRAMS/PLANS + Bills Previously Heard/Scheduled Apr 01 Friday Beltz 105 (tsbldg) 8:00 AM += SB 6 PREKINDERGARTEN SCHOOL PROGRAMS/PLANS + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Mar 30 Wednesday Senate Finance 532 9:00 AM += SB 19 PASSENGER VEHICLE RENTAL TAX + SB 92 DENTISTS/DENTAL HYGIENISTS/ASSISTANTS + SB 66 AIDEA: NEW MARKETS TAX CREDIT PROGRAM + SB 90 BOARD OF PUBLIC ACCOUNTANCY SECRETARY + SB 94 SECOND VERSE OF ALASKA'S STATE SONG + Bills Previously Heard/Scheduled += SB 97 COMMUNITY REVENUE SHARING/EDUC FUNDING 2011-03-30 Senate Journal Page 0656 FINANCE (continued) Mar 31 Thursday Senate Finance 532 9:00 AM + Department of Transportation Overview: Roads to Resources (Postponed from 3/25/11) + Bills Previously Heard/Scheduled Apr 01 Friday Senate Finance 532 9:00 AM + Confirmation Hearing: Commissioner Bryan Butcher, Department of Revenue += HB 16 EXTEND SENIOR BENEFITS PAYMENT PROGRAM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 30 Wednesday Butrovich 205 1:30 PM + SCR 7 FETAL ALCOHOL SPECTRUM DISORDERS DAY + SB 22 STUDENT ATHLETE TRAUMATIC BRAIN INJURIES + SB 74 INS. COVERAGE: AUTISM SPECTRUM DISORDER + Bills Previously Heard/Scheduled Apr 01 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 30 Wednesday Beltz 105 (tsbldg) 1:30 PM += SB 86 PROTECTION OF VULNERABLE ADULTS/MINORS + SB 82 FOSTER CARE LICENSING/STATE CUSTODY + SB 110 HUMAN TRAFFICKING/SEX OFFENSES + Bills Previously Heard/Scheduled = SB 15 SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE = SB 101 ENTITY TRANSACTIONS ACT Apr 01 Friday Beltz 105 (tsbldg) 1:30 PM + Board Confirmations: Alaska Judicial Council + SB 78 LIQUOR LICENSE HOLDER LIABILITY + Bills Previously Heard/Scheduled ---------------------------------------- 2011-03-30 Senate Journal Page 0657 LABOR & COMMERCE Mar 31 Thursday Beltz 105 (tsbldg) 2:00 PM -- Note Meeting Time Change -- + Governor's Appointments + HB 119 AIDEA: PROCUREMENT; PROJECTS + Bills Previously Heard/Scheduled, including: += SB 40 USE OF RECORDED MESSAGES += SB 51 STATE VENDING LICENSES ---------------------------------------- RESOURCES Mar 30 Wednesday Butrovich 205 3:30 PM += SB 85 TAX CREDIT FOR NEW OIL & GAS DEVELOPMENT -- Public Comment and Invited Testimony -- += SB 49 PRODUCTION TAX ON OIL AND GAS <Above Item Removed from Agenda> -- Public Comment and Invited Testimony -- Apr 01 Friday Butrovich 205 3:30 PM += SB 85 TAX CREDIT FOR NEW OIL & GAS DEVELOPMENT -- Public Comment and Invited Testimony -- += SB 49 PRODUCTION TAX ON OIL AND GAS -- Public Comment and Invited Testimony -- ---------------------------------------- STATE AFFAIRS Mar 31 Thursday Butrovich 205 9:00 AM += SB 89 LEGISLATIVE ETHICS ACT -- Public Testimony Closed -- + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 31 Thursday Butrovich 205 1:00 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- 2011-03-30 Senate Journal Page 0658 JOINT COMMITTEES HIGHER EDUC/CAREER READINESS TASK FORCE Mar 30 Wednesday Capitol 106 5:00 PM + Discuss the Draft Final Recommendations of the Task Force -- Testimony <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Apr 07 Thursday House Finance 519 11:00 AM Agenda Forthcoming ---------------------------------------- OTHER MEETINGS JOINT SESSION Apr 08 Friday House Chamber 11:00 AM Confirmation of Governor's Appointees