Legislature(2011 - 2012)
2011-04-19 Senate Journal
Full Journal pdf2011-04-19 Senate Journal Page 0959 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Tuesday April 19, 2011 Second Day Pursuant to adjournment the Senate was called to order by President Stevens at 1:32 p.m. The roll showed seventeen members present. Senators Coghill, Dyson, Stedman were absent. The prayer was offered by the Chaplain, Helena Fagan, Director of the Juneau Shambhala Meditation Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. The Shambhala teachings are founded on the premise that there is basic human wisdom that can help solve the world's problems. Trungpa Rinpoche, who brought these teachings to the West, taught that this wisdom does not belong to any one culture or religion, nor does it come only from the West or the East. Rather it is a tradition of human warriorship that has existed in many cultures at many times throughout history. Warriorship in this context is the tradition of human bravery - the tradition of fearlessness. As leaders, may you have the space and calmness to make clear-headed, brave decisions. Please take a moment with me to bring your attention to your breath. Notice your out breath and rest in that space before each in breath. 2011-04-19 Senate Journal Page 0960 May all beings enjoy happiness and the root of happiness. May they be free from suffering and the root of suffering. May they dwell in equanimity free from passion, aggression, and prejudice. Senator McGuire led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journal for the first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Coghill was noted. Messages from the House HB 126 Message dated April 18 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 126(FIN) "An Act extending the termination dates of the Board of Nursing, the Board of Dental Examiners, and the Board of Barbers and Hairdressers; and providing for an effective date" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 126(FIN) "An Act relating to qualifications for serving on a state board or commission; extending the termination dates of the Board of Nursing, the Board of Dental Examiners, the Board of Barbers and Hairdressers, and the Alcoholic Beverage Control Board; and providing for an effective date." SCR 15 Message dated April 18 was read stating the House passed and returned: 2011-04-19 Senate Journal Page 0961 SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 126, extending the termination dates of the Board of Nursing, the Board of Dental Examiners, and the Board of Barbers and Hairdressers. The resolution was referred to the Secretary for enrollment. The presence of Senator Dyson was noted. Recede Messages HB 24 Message dated April 18 was read stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 24(FIN) and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR CS FOR HOUSE BILL NO. 24(FIN) "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Olson, Chair Representative Johnson Representative Holmes Senator Meyer moved that the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment?" The roll was taken with the following result: 2011-04-19 Senate Journal Page 0962 SCS CSHB 24(FIN) Shall the Senate Recede from its Amendment to CSHB 24(FIN)? YEAS: 4 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Dyson, Giessel, Huggins Nays: Davis, Egan, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman and so, the Senate failed to recede. The President appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Thomas, Chair Senator Paskvan Senator French The Secretary was requested to notify the House. Communications The following is on file in the Office of the Secretary of the Senate: House Joint Memorial No. 1, regarding parental rights, adopted by the Idaho State Senate and House of Representatives during the First Regular Session of the Sixty-first Idaho Legislature The presence of Senator Stedman was noted. Standing Committee Reports SB 42 The Finance 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 2011-04-19 Senate Journal Page 0963 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(FIN) "An Act relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River power project by the Alaska Energy Authority; relating to the definition of 'feasibility study' in the Alaska Energy Authority Act; providing legislative approval for certain loans from the power project fund; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, Ellis. Signing no recommendation: Senator Olson. The following fiscal information was published today: Fiscal Note No. 8, Department of Commerce, Community and Economic Development Fiscal Note No. 9, Department of Commerce, Community and Economic Development The bill is on today's First Supplemental Calendar. Senator Meyer moved and asked unanimous consent for the adoption of the First Supplemental Calendar. Without objection, the First Supplemental Calendar was adopted. 2011-04-19 Senate Journal Page 0964 Consideration of the First Supplemental Calendar Second Reading of Senate Bills SB 42 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" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 962. Without objection, CS FOR SENATE BILL NO. 42(FIN) "An Act relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River power project by the Alaska Energy Authority; relating to the definition of 'feasibility study' in the Alaska Energy Authority Act; providing legislative approval for certain loans from the power project fund; and providing for an effective date" was adopted. 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. CS FOR SENATE BILL NO. 42(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 42(FIN) "An Act relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River power project by the Alaska Energy Authority; relating to the definition of 'feasibility study' 2011-04-19 Senate Journal Page 0965 in the Alaska Energy Authority Act; providing legislative approval for certain loans from the power project fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 42(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, CS FOR SENATE BILL NO. 42(FIN) 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. Reconsideration of Senate Bills SB 42 Senator Meyer gave notice of reconsideration on CS FOR SENATE BILL NO. 42(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 42(FIN) "An Act relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River power project by the Alaska Energy Authority; relating to the definition of 'feasibility study' in the Alaska Energy Authority Act; providing legislative approval for certain loans from the power project fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2011-04-19 Senate Journal Page 0966 CSSB 42(FIN) Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, CS FOR SENATE BILL NO. 42(FIN) passed the Senate on reconsideration. 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. Unfinished Business Special Order of Business Senator Meyer moved and asked unanimous consent that the following Citation Calendar be made a special order of business. Without objection, it was so ordered. Citation Calendar Honoring - Dr. Frank Sacco, Distinguished Provider 2011 Senator(s) Coghill, Giessel, Stevens, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, 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 Hoffman moved and asked unanimous consent to be excused from a call of the Senate from April 28 through May 28. Without objection, Senator Hoffman was excused. 2011-04-19 Senate Journal Page 0967 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 1:59 p.m. After Recess The Senate reconvened at 5:07 p.m. Announcements Uniform Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment SB 42 CS FOR SENATE BILL NO. 42(FIN) "An Act relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River power project by the Alaska Energy Authority; relating to the definition of 'feasibility study' in the Alaska Energy Authority Act; providing legislative approval for certain loans from the power project fund; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 10:30 a.m., April 20, 2011. Without objection, the Senate adjourned at 5:07 p.m. Kirsten Waid Secretary of the Senate 2011-04-19 Senate Journal Page 0968 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 19 Tuesday Senate Finance 532 11:00 AM -- Recessed -- += 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 Apr 20 Wednesday Senate Finance 532 9:00 AM += HB 106 COASTAL MANAGEMENT PROGRAM + Bills Previously Heard/Scheduled Apr 21 Thursday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Apr 22 Friday Senate Finance 532 9:00 AM + 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 ---------------------------------------- 2011-04-19 Senate Journal Page 0969 CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB 24 Apr 20 Wednesday Barnes 124 8:00 AM + HB 24 EXTEND REGULATORY COMM. OF ALASKA SUNSET ---------------------------------------- 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 Apr 20 Wednesday Senate Finance 532 4:00 PM += HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 109 APPROP: MENTAL HEALTH BUDGET