Legislature(2011 - 2012)

2011-04-19 Senate Journal

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2011-04-19                     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