Legislature(2011 - 2012)

2011-04-18 Senate Journal

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2011-04-18                     Senate Journal                      Page 0949
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-SEVENTH LEGISLATURE                                                                         
                                                                                                                                
                            FIRST SPECIAL SESSION                                                                            
                                                                                                                                
Juneau, Alaska                     Monday                     April 18, 2011                                                  
                                                                                                                                
                                  First Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to the April 17 Proclamation of the Governor calling for the                                                           
convening of the First Special session of the Twenty-Seventh Alaska                                                             
Legislature (page 951), the Senate was called to order by President                                                             
Stevens at 1:03 p.m.                                                                                                            
                                                                                                                                
The roll showed 19 members present. Senator Kookesh was absent.                                                                 
                                                                                                                                
The prayer "How Deep the Father's Love" was sung by the Zahasky                                                                 
Family. Senator Hoffman moved and asked unanimous consent that                                                                  
the prayer be spread. Without objection, it was so ordered.                                                                     
                                                                                                                                
            How deep the Father's love for us,                                                                                  
            How vast beyond all measure,                                                                                        
            That he should give his only son,                                                                                   
            To make a wretch his treasure.                                                                                      
                                                                                                                                
            How great the pain of searing loss,                                                                                 
            The Father turns his face away,                                                                                     
            As wounds which mar the chosen one,                                                                                 
            Bring many sons to glory.                                                                                           
                                                                                                                                
            Behold the man upon a cross,                                                                                        
            My sin upon his shoulders,                                                                                          
            Ashamed I hear my mocking voice,                                                                                    
            Call out among the scoffers.                                                                                        
                                                                                                                                
            It was my sin that held him there,                                                                                  
            Until it was accomplished,                                                                                          
            His dying breath has brought me life,                                                                               
            I know that it is finished.                                                                                         

2011-04-18                     Senate Journal                      Page 0950
            I will not boast in anything,                                                                                       
            No gifts, no power, no wisdom,                                                                                      
            But I will boast in Jesus Christ                                                                                    
            His death and resurrection.                                                                                         
                                                                                                                                
            Why should I gain from his reward?                                                                                  
            I cannot give an answer,                                                                                            
            But this I know with all my heart                                                                                   
            His wounds have paid my ransom.                                                                                     
                                                                                                                                
       God we ask that you bless this time, that you will be                                                                    
       praised and glorified and honorable work will be done                                                                    
       here in the Senate this day.                                                                                             
                                         Amen.                                                                                  
                                                                                                                                
Senator Olson led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journal                                                                
for the ninetieth legislative day of the First Session of the Twenty-                                                           
seventh Legislature be approved as certified by the Secretary. Without                                                          
objection, it was so ordered.                                                                                                   
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
        Executive Order/Proclamation of Adjournment Under Article II,                                                          
                    Section 10 of the Alaska Constitution                                                                      
                                                                                                                                
Under the authority of Article II, Section 10 of the Alaska                                                                     
Constitution, in accordance with AS 24.05.150(a), and based on the                                                              
certification of disagreement on the time of adjournment by the House                                                           
of Representatives in House Resolution 9 dated April 17, 2011, I, Sean                                                          
Parnell, Governor of the State of Alaska, hereby adjourn the First                                                              
Regular Session of the Twenty-Seventh Alaska State Legislature.                                                                 
                                                                                                                                
This Order takes effect immediately.                                                                                            
                                                                                                                                
DATED this 17th day of April, 2011.                                                                                             
                                                                                                                                
TIME: 10:48 p.m.                                                                                                                
/s/                                                                                                                             
Sean Parnell, Governor                                                                                                          

2011-04-18                     Senate Journal                      Page 0951
                            Executive Proclamation                                                                             
                                                                                                                                
Under the authority of Article II, Section 9 and Article III, Section 17                                                        
of the Alaska Constitution, and in the public interest, I call the                                                              
Twenty-Seventh Legislature of the State of Alaska into its first special                                                        
session at Juneau, Alaska, in the legislative chambers on April 18,                                                             
2011, at 1:00 p.m., to consider passage of bills on subjects germane to                                                         
the titles of the following bills while those bills were under                                                                  
consideration by the Senate and House of Representatives during the                                                             
first regular session:                                                                                                          
                                                                                                                                
HB 108 - Appropriations for the Operating and Loan Program                                                                      
Expenses of State Government                                                                                                    
                                                                                                                                
HB 109 - Mental Health Appropriations                                                                                           
                                                                                                                                
SB 46 - Capital Appropriations and Appropriations to Capitalize                                                                 
Funds                                                                                                                           
                                                                                                                                
SB 76 - Supplemental Appropriations                                                                                             
                                                                                                                                
HB 104 - Alaska Performance Scholarship Fund                                                                                    
                                                                                                                                
SB 42 - Power Project: Susitna/Alaska Energy Authority                                                                          
                                                                                                                                
HB 106 - Extend the Alaska Coastal Management Program                                                                           
                                                                                                                                
SB 84 - Vocational Education and Basic Funding/Tax Credits                                                                      
                                                                                                                                
HB 24 - Extend the Regulatory Commission of Alaska                                                                              
                                                                                                                                
HB 126 - Extend Boards and Commissions                                                                                          
                                                                                                                                
DATED this 17th day of April, 2011.                                                                                             
                                                                                                                                
TIME: 10:51 p.m.                                                                                                                
/s/                                                                                                                             
Sean Parnell, Governor                                                                                                          
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
SB 58                                                                                                                         
Message dated April 17 was read stating the House passed and                                                                    
returned:                                                                                                                       

2011-04-18                     Senate Journal                      Page 0952
          SENATE BILL NO. 58 "An Act increasing the                                                                             
          number of superior court judges designated for the                                                                    
          third judicial district; and providing for an effective                                                               
          date."                                                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HB 19                                                                                                                         
Message dated April 17 was read stating the House granted limited                                                               
powers of free conference to the House conferees considering:                                                                   
                                                                                                                                
HOUSE BILL NO. 19 "An Act relating to special request registration                                                              
plates; and providing for an effective date"                                                                                    
                                                                                                                                
and                                                                                                                             
                                                                                                                                
SENATE CS FOR HOUSE BILL NO. 19(STA)                                                                                            
                                                                                                                                
on the requested specific points.                                                                                               
                                                                                                                                
Message dated April 17 was read stating the House has adopted the                                                               
report of the Conference Committee with limited powers of free                                                                  
conference considering SENATE CS FOR HOUSE BILL                                                                                 
NO. 19(STA) and HOUSE BILL NO. 19, thus adopting:                                                                               
                                                                                                                                
CONFERENCE CS FOR HOUSE BILL NO. 19 "An Act relating to                                                                         
special request registration plates; and providing for an effective date."                                                      
                                                                                                                                
HB 119                                                                                                                        
Message dated April 17 was read stating the House concurred in the                                                              
Senate amendment to CS FOR HOUSE BILL NO. 119(EDT) "An Act                                                                      
relating to the procurement of supplies, services, professional services,                                                       
and construction for the Alaska Industrial Development and Export                                                               
Authority; relating to the definition of 'own' for the economic                                                                 
development account; relating to the definitions of 'development                                                                
project', 'plant', 'facility', and 'project' for the Alaska Industrial                                                          
Development and Export Authority; relating to the Alaska Industrial                                                             
Development and Export Authority creating subsidiaries regarding                                                                
projects financed under AS 44.88.172; and providing for an effective                                                            
date" thus adopting:                                                                                                            

2011-04-18                     Senate Journal                      Page 0953
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 119(FIN) "An Act relating to the procurement of                                                                   
          supplies, services, professional services, and                                                                        
          construction for the Alaska Industrial Development                                                                    
          and Export Authority; relating to the definition of                                                                   
          'own' for the economic development account; relating                                                                  
          to the definitions of 'development project,' 'plant,'                                                                 
          'facility,' and 'project' for the Alaska Industrial                                                                   
          Development and Export Authority; relating to the                                                                     
          Alaska Industrial Development and Export Authority                                                                    
          creating subsidiaries regarding projects financed                                                                     
          under AS 44.88.172; authorizing the Alaska                                                                            
          Development and Export Authority to issue bonds to                                                                    
          finance the expansion, modification, and upgrading                                                                    
          of the Skagway Ore Terminal; relating to the                                                                          
          operation and management of public housing projects                                                                   
          and housing for low-income households by the                                                                          
          Alaska Housing Finance Corporation; relating to                                                                       
          subsidiary corporations of the Alaska Housing                                                                         
          Finance Corporation; relating to harbor facility                                                                      
          grants; and providing for an effective date."                                                                         
                                                                                                                                
SCR 13                                                                                                                        
Message dated April 17 was read stating the House passed and                                                                    
returned:                                                                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 13                                                                                   
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 119, relating to the                                                                        
          procurement of supplies, services, professional                                                                       
          services, and construction for the Alaska Industrial                                                                  
          Development and Export Authority; relating to the                                                                     
          definition of "own" for the economic development                                                                      
          account; relating to the definitions of "development                                                                  
          project," "plant," "facility," and "project" for the                                                                  
          Alaska Industrial Development and Export Authority;                                                                   
          and relating to the Alaska Industrial Development                                                                     
          and Export Authority creating subsidiaries regarding                                                                  
          projects financed under AS 44.88.172.                                                                                 

2011-04-18                     Senate Journal                      Page 0954
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HR 9                                                                                                                          
Message dated April 17 was read stating the House passed:                                                                       
                                                                                                                                
          HOUSE RESOLUTION NO. 9 Relating to                                                                                    
          adjournment of the First Regular Session of the                                                                       
          Twenty-Seventh Alaska State Legislature and                                                                           
          certifying to Governor Sean Parnell the disagreement                                                                  
          between the House of Representatives and the Senate                                                                   
          regarding the time of the legislature's adjournment.                                                                  
                                                                                                                                
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 84                                                                                                                         
Message dated April 17 was read stating the House passed and                                                                    
returned for consideration CS FOR SENATE BILL NO. 84(FIN) "An                                                                   
Act relating to funding for high school vocational and technical                                                                
instruction as a component of funding for public schools; relating to                                                           
the base student allocation; relating to education tax credits; providing                                                       
for an effective date by amending the effective date in sec. 57, ch. 92,                                                        
SLA 2010; and providing for an effective date" with the following                                                               
amendments:                                                                                                                     
                                                                                                                                
          HOUSE CS FOR CS FOR SENATE BILL                                                                                       
          NO. 84(FIN) am H "An Act amending the funding                                                                         
          for statewide residential educational programs;                                                                       
          relating to funding for high school vocational and                                                                    
          technical instruction as a component of funding for                                                                   
          public schools; relating to education tax credits;                                                                    
          creating a pilot project in the Iditarod Area School                                                                  
          District; providing for an effective date by amending                                                                 
          the effective date in sec. 57, ch. 92, SLA 2010; and                                                                  
          providing for an effective date."                                                                                     
          (Title change HCR 16)                                                                                                 
                                                                                                                                
Senator Meyer moved that the Senate concur in the House                                                                         
amendments.                                                                                                                     
                                                                                                                                

2011-04-18                     Senate Journal                      Page 0955
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                
HCS CSSB 84(FIN) am H                                                                                                           
Shall the Senate Concur in the House                                                                                            
Amendments to CSSB 84(FIN)?    Effective Date                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman,                                                            
Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Absent:  Kookesh                                                                                                                
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN) am H.                                                                               
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the vote on                                                                
concurrence be considered the vote on the effective date clause.                                                                
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HCR 16                                                                                                                        
Senator Meyer moved and asked unanimous consent to take up                                                                      
HOUSE CONCURRENT RESOLUTION NO. 16, which had been                                                                              
held on the Secretary's desk (page 930). Without objection, it was so                                                           
ordered.                                                                                                                        
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 16 was before the                                                                               
Senate on final passage.                                                                                                        
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                                              
of the Alaska State Legislature, concerning Senate Bill No. 84,                                                                 
relating to funding for high school vocational and technical instruction                                                        
as a component of funding for public schools; relating to the base                                                              
student allocation; and relating to education tax credits, pass the                                                             
Senate?" The roll was taken with the following result:                                                                          

2011-04-18                     Senate Journal                      Page 0956
                                                                                                                                
HCR 16                                                                                                                          
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman,                                                            
Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Absent:  Kookesh                                                                                                                
                                                                                                                                
and so, HOUSE CONCURRENT RESOLUTION NO. 16 passed the                                                                           
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
President Stevens stated Rule 23(d) of the Alaska State Legislature                                                             
Uniform Rules is currently in effect.                                                                                           
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in recess to a call of the Chair. Without objection, the Senate                                                           
recessed at 1:32 p.m.                                                                                                           
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 5:00 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator French, Acting Majority Leader, moved and asked unanimous                                                               
consent that the Senate stand in adjournment until 11:00 a.m.,                                                                  
April 19, 2011. Without objection, the Senate adjourned at 5:00 p.m.                                                            
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                

2011-04-18                     Senate Journal                      Page 0957
                                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                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 18        Monday                    Senate Finance 532            9:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+= SB  42 POWER PROJECT; ALASKA ENERGY AUTHORITY                                                                                
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 18        Monday                    Senate Finance 532            4:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
              -- Meeting Postponed to 4:00 p.m. --                                                                              
+= SB  48 APPROP: MENTAL HEALTH BUDGET                                                                                          
+= SB  76 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 19        Tuesday                   Senate Finance 532            9:00 AM                                                 
+= SB  42 POWER PROJECT; ALASKA ENERGY AUTHORITY                                                                                
+= SB  46 BUDGET: CAPITAL                                                                                                       
+= SB  76 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
+ HB 104 ALASKA PERFORMANCE SCHOLARSHIPS                                                                                        
+= HB 106 COASTAL MANAGEMENT PROGRAM                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                      ALASKA NORTHERN WATERS TASK FORCE                                                                      
                                                                                                                                
May 17        Tuesday                                  Bethel         9:00 AM                                                 
+             Hearing in Bethel on Coastal Erosion and Flooding                                                                 
              Location: Yukon Kuskokwim Health Corporation Boardroom                                                            
                                                                                                                                
May 18        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              Hearings in Anchorage: Current Research on the Arctic Ocean                                                       

2011-04-18                     Senate Journal                      Page 0958
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                    CONFERENCE COMMITTEE ON HB 108 & HB109                                                                   
                                                                                                                                
Apr 19        Tuesday                   Senate Finance 532            4:00 PM                                                 
+= HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 109 APPROP: MENTAL HEALTH BUDGET