Legislature(2011 - 2012)

2011-05-09 Senate Journal

Full Journal pdf

2011-05-09                     Senate Journal                      Page 1069
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-SEVENTH LEGISLATURE                                                                         
                                                                                                                                
                            FIRST SPECIAL SESSION                                                                            
                                                                                                                                
Juneau, Alaska                     Monday                        May 9, 2011                                                  
                                                                                                                                
                              Twenty-second Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 1:01 p.m.                                                                                                            
                                                                                                                                
The roll showed fifteen members present. Senators French, Kookesh,                                                              
Meyer were excused from a call of the Senate. Senators Dyson,                                                                   
McGuire were absent.                                                                                                            
                                                                                                                                
Senator Ellis, Acting Majority Leader, moved and asked unanimous                                                                
consent that Senator McGuire be excused from a call of the Senate                                                               
from today through morning plane time, May 10. Without objection,                                                               
Senator McGuire was excused.                                                                                                    
                                                                                                                                
Senator Ellis, Acting Majority Leader, moved and asked unanimous                                                                
consent that Senator Dyson be excused from a call of the Senate from                                                            
today through evening plane time, May 10. Without objection, Senator                                                            
Dyson was excused.                                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, Senator Egan. Senator                                                                   
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          Almighty God, thank you for the job of this day.                                                                      
          May we find gladness in all its toil and difficulty,                                                                  
          its pleasure and success,                                                                                             
          and even in its failure and sorrow.                                                                                   
          We would look always away from ourselves,                                                                             
          and behold the glory and the need of the world                                                                        
          that we may have the will and the strength to bring                                                                   
          the gift of gladness to others;                                                                                       

2011-05-09                     Senate Journal                      Page 1070
          that with them we stand to bear                                                                                       
          the burden and successes of the day                                                                                   
            and offer you, the praise of work well done.      Amen                                                             
                                                                                                                                
Senator Ellis led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Ellis, Acting Majority Leader, moved and asked unanimous                                                                
consent that the journals for the nineteenth through twenty-first                                                               
legislative days be approved as certified by the Secretary. Without                                                             
objection, it was so ordered.                                                                                                   
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
HB 119                                                                                                                        
Message was read stating the Governor signed the following bill on                                                              
May 6 and transmitted the engrossed and enrolled copies to the                                                                  
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
     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."                                                                                                           
                                                                                                                                

2011-05-09                     Senate Journal                      Page 1071
                             Chapter 7, SLA 2011                                                                               
                         Effective Date: See Chapter                                                                           
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
HB 108                                                                                                                        
Message dated May 6 was read stating the House has adopted the                                                                  
report of the Conference Committee with limited powers of free                                                                  
conference considering SENATE CS FOR CS FOR HOUSE BILL                                                                          
NO. 108(FIN) am S and CS FOR HOUSE BILL NO. 108(FIN), thus                                                                      
adopting:                                                                                                                       
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 108                                                                                  
          "An Act making appropriations for the operating and                                                                   
          loan program expenses of state government and for                                                                     
          certain programs, capitalizing funds, amending                                                                        
          appropriations, and making reappropriations; and                                                                      
          providing for an effective date."                                                                                     
                                                                                                                                
                                                                                                                                
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 108                                                                         
on May 6, page 1058.                                                                                                            
                                                                                                                                
HB 109                                                                                                                        
Message dated May 6 was read stating the House has adopted the                                                                  
report of the Conference Committee with limited powers of free                                                                  
conference considering SENATE CS FOR CS FOR HOUSE BILL                                                                          
NO. 109(FIN) and CS FOR HOUSE BILL NO. 109(FIN), thus                                                                           
adopting:                                                                                                                       
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 109                                                                                  
          "An Act making appropriations for the operating and                                                                   
          capital expenses of the state's integrated                                                                            
          comprehensive mental health program; and providing                                                                    
          for an effective date."                                                                                               
                                                                                                                                
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 109                                                                         
on May 6, page 1059.                                                                                                            
                                                                                                                                
                                                                                                                                

2011-05-09                     Senate Journal                      Page 1072
                             Unfinished Business                                                                             
                                                                                                                                
                          Special Order of Business                                                                          
                                                                                                                                
Senator Ellis, Acting Majority Leader, 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 - Lou Pondolfino, 2010 Alaska State High School Principal                                                              
of the Year                                                                                                                     
Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                  
Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson,                                                                     
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
Representative(s) Millett                                                                                                       
                                                                                                                                
Honoring - Seldovia Police Chief Andy Anderson                                                                                  
Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
Representative(s) Seaton                                                                                                        
                                                                                                                                
Senator Ellis, Acting Majority Leader, moved and asked unanimous                                                                
consent that the citations be adopted. Without objection, the citations                                                         
were adopted and referred to the Secretary for transmittal.                                                                     
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                  Enrollment                                                                                 
                                                                                                                                
SJR 2                                                                                                                         
CS FOR SENATE JOINT RESOLUTION NO. 2(RES) Commending                                                                            
and supporting actions taken by the Office of the Governor and the                                                              
attorney general to protect the state from federal government incursion                                                         
into the care and management of state resources and to promote the                                                              

2011-05-09                     Senate Journal                      Page 1073
economic prosperity of the state; and urging the United States                                                                  
Congress and the President of the United States to limit federal                                                                
government overreach into management of state resources, was                                                                    
enrolled, signed by the President and Secretary, Speaker and Chief                                                              
Clerk and the engrossed and enrolled copies transmitted to the Office                                                           
of the Governor at 9:30 a.m., May 9, 2011.                                                                                      
                                                                                                                                
                          Legislative Resolve No. 13                                                                           
                                                                                                                                
SCR 8                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 8 Suspending Rules                                                                             
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 7, relating to classifying                                                               
certain substances as schedule IIIA controlled substances, was                                                                  
enrolled, signed by the President and Secretary, Speaker and Chief                                                              
Clerk and the engrossed and enrolled copies transmitted to the Office                                                           
of the Governor at 9:30 a.m., May 9, 2011.                                                                                      
                                                                                                                                
                          Legislative Resolve No. 19                                                                           
                                                                                                                                
SCR 12                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 12 Suspending Rules                                                                            
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 16, extending senior benefits,                                                           
was enrolled, signed by the President and Secretary, Speaker and                                                                
Chief Clerk and the engrossed and enrolled copies transmitted to the                                                            
Office of the Governor at 9:30 a.m., May 9, 2011.                                                                               
                                                                                                                                
                          Legislative Resolve No. 18                                                                           
                                                                                                                                
SCR 13                                                                                                                        
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                                                                    

2011-05-09                     Senate Journal                      Page 1074
Industrial Development and Export Authority creating subsidiaries                                                               
regarding projects financed under AS 44.88.172, was enrolled, signed                                                            
by the President and Secretary, Speaker and Chief Clerk and the                                                                 
engrossed and enrolled copies transmitted to the Office of the                                                                  
Governor at 9:30 a.m., May 9, 2011.                                                                                             
                                                                                                                                
                          Legislative Resolve No. 21                                                                           
                                                                                                                                
SCR 14                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 14 Suspending Rules                                                                            
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 127, relating to the crimes of                                                           
stalking, online enticement of a minor, unlawful exploitation of a                                                              
minor, endangering the welfare of a child, sending an explicit image of                                                         
a minor, harassment, and misconduct involving confidential                                                                      
information; relating to probation; relating to the subpoena power of                                                           
the attorney general in cases involving use of an Internet service                                                              
account; relating to an appearance before a judicial officer after arrest;                                                      
relating to penalties for operating a vehicle without possessing proof                                                          
of motor vehicle liability insurance or a driver's license; relating to                                                         
penalties for certain arson offenses; and amending Rule 5(a)(1),                                                                
Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of                                                             
Administration, was enrolled, signed by the President and Secretary,                                                            
Speaker and Chief Clerk and the engrossed and enrolled copies                                                                   
transmitted to the Office of the Governor at 9:30 a.m., May 9, 2011.                                                            
                                                                                                                                
                          Legislative Resolve No. 20                                                                           
                                                                                                                                
SCR 15                                                                                                                        
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, was enrolled, signed by the                                                                  
President and Secretary, Speaker and Chief Clerk and the engrossed                                                              
and enrolled copies transmitted to the Office of the Governor at                                                                
9:30 a.m., May 9, 2011.                                                                                                         
                                                                                                                                
                          Legislative Resolve No. 28                                                                           
                                                                                                                                
                                                                                                                                

2011-05-09                     Senate Journal                      Page 1075
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis, Acting Majority Leader, moved and asked unanimous                                                                
consent that the Senate stand in adjournment until 10:00 a.m., May 10,                                                          
2011. Without objection, the Senate adjourned at 1:18 p.m.                                                                      
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2011-05-09                     Senate Journal                      Page 1076
                                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                                                                                   
                                                                                                                                
May 09        Monday                    Senate Finance 532            9:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
May 10        Tuesday                   Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                      ALASKA NORTHERN WATERS TASK FORCE                                                                      
                                                                                                                                
May 17        Tuesday                                  Bethel         9:00 AM                                                 
              -- Meeting Postponed to October --                                                                                
+             Hearing in Bethel on Coastal Erosion and Flooding                                                                 
              Location:                                                                                                         
              Yukon Kuskokwim Health Corporation Boardroom                                                                      
                                                                                                                                
May 18        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              -- Meeting Postponed to October --                                                                                
              Hearings in Anchorage:                                                                                            
+             Current Research on the Arctic Ocean