Legislature(2011 - 2012)

2011-05-13 Senate Journal

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2011-05-13                     Senate Journal                      Page 1103
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-SEVENTH LEGISLATURE                                                                         
                                                                                                                                
                            FIRST SPECIAL SESSION                                                                            
                                                                                                                                
Juneau, Alaska                      Friday                     May 13, 2011                                                   
                                                                                                                                
                               Twenty-sixth Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 1:08 p.m.                                                                                                            
                                                                                                                                
The roll showed eighteen members present. Senators French, McGuire                                                              
were excused from a call of the Senate.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, David Ebreo. Senator                                                                    
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          From all eternity, O Lord, you planned my very                                                                        
          existence and my destiny. You wrapped me in your                                                                      
          love in baptism and gave me the faith to lead me to                                                                   
          an eternal life of happiness with you. You have                                                                       
          showered me with your graces and you have been                                                                        
          always ready with your mercy and forgiveness when                                                                     
          I have fallen.                                                                                                        
                                                                                                                                
          Now I beg you for the light I so earnestly need that I                                                                
          may find the way of life in which lies the best                                                                       
          fulfillment of your will. Whatever state this may be,                                                                 
          give me the grace necessary to embrace it with love                                                                   
          of your holy will, as devotedly as your blessed                                                                       
          mother did your will. I offer myself to you now,                                                                      
          trusting in your wisdom and love to direct me in                                                                      
          working out my salvation and in helping others to                                                                     
          know and come close to you, so that I may find my                                                                     
             reward in union with you forever and ever.     Amen.                                                              
                                                                                                                                
Senator Stedman led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1104
                                Certification                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journal                                                                
for the twenty-fifth legislative day be approved as certified by the                                                            
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 106                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
106(FIN) "An Act extending the termination date of the Alaska coastal                                                           
management program and relating to the extension; relating to the                                                               
review of activities and regulations of the Alaska coastal management                                                           
program; establishing the Alaska Coastal Policy Board; relating to the                                                          
development, review, and approval of district coastal management                                                                
plans; relating to the duties of the Department of Natural Resources                                                            
relating to the Alaska coastal management program; relating to the                                                              
review of certain consistency determinations; providing for an                                                                  
effective date by amending the effective date of secs. 1 - 13 and 18,                                                           
ch. 31, SLA 2005; and providing for an effective date" and                                                                      
recommended it be replaced with                                                                                                 
                                                                                                                                
                       SENATE CS FOR CS FOR HOUSE BILL                                                                         
          NO. 106(FIN)                                                                                                          
                                                                                                                                
Signing no recommendation: Senators Hoffman, Stedman, Cochairs;                                                                 
Senators Thomas, Egan. Signing do pass: Senators Olson, Ellis.                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 10, Senate Finance Committee                                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
         Fiscal Note No. 7, Department of Environmental Conservation                                                           
         Fiscal Note No. 8, Department of Environmental Conservation                                                           
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1105
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 106                                                                                                                        
CS FOR HOUSE BILL NO. 106(FIN) "An Act extending the                                                                            
termination date of the Alaska coastal management program and                                                                   
relating to the extension; relating to the review of activities and                                                             
regulations of the Alaska coastal management program; establishing                                                              
the Alaska Coastal Policy Board; relating to the development, review,                                                           
and approval of district coastal management plans; relating to the                                                              
duties of the Department of Natural Resources relating to the Alaska                                                            
coastal management program; relating to the review of certain                                                                   
consistency determinations; providing for an effective date by                                                                  
amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005;                                                           
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 Senate Committee Substitute offered on                                                              
page 1104. Senator Coghill objected.                                                                                            
                                                                                                                                
The question being: "Shall the Finance Senate Committee Substitute                                                              
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
CSHB 106(FIN)                                                                                                                   
Second Reading                                                                                                                  
Adopt Finance Senate Committee Substitute?                                                                                      
                                                                                                                                
YEAS:  13   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Egan, Ellis, Hoffman, Kookesh, Menard, Meyer, Olson,                                                              
Paskvan, Stedman, Stevens, Thomas, Wielechowski                                                                                 
                                                                                                                                
Nays:  Coghill, Dyson, Giessel, Huggins, Wagoner                                                                                
                                                                                                                                
Excused:  French, McGuire                                                                                                       
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN) was                                                                        
adopted.                                                                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1106
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.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN) was read the                                                                       
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 106(FIN) "An Act extending the termination date of the Alaska                                                               
coastal management program and relating to the extension; relating to                                                           
the review of activities and regulations of the Alaska coastal                                                                  
management program; establishing the Alaska Coastal Policy Board;                                                               
relating to the development, review, and approval of district coastal                                                           
management plans; relating to the duties of the Department of Natural                                                           
Resources relating to the Alaska coastal management program;                                                                    
relating to the review of certain consistency determinations; providing                                                         
for an effective date by amending the effective date of secs. 1 - 13 and                                                        
18, ch. 31, SLA 2005; and providing for an effective date" pass the                                                             
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SCS CSHB 106(FIN)                                                                                                               
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  13   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Egan, Ellis, Hoffman, Kookesh, Menard, Olson,                                                                     
Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski                                                                        
                                                                                                                                
Nays:  Coghill, Dyson, Giessel, Huggins, Meyer                                                                                  
                                                                                                                                
Excused:  French, McGuire                                                                                                       
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN)                                                                            
passed the Senate.                                                                                                              
                                                                                                                                
Senator Meyer moved for the adoption of the effective date clauses.                                                             
                                                                                                                                
The question being: "Shall the effective date clauses be adopted?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1107
SCS CSHB 106(FIN)                                                                                                               
Effective Date Clauses                                                                                                          
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins,                                                           
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Thomas, Wagoner, Wielechowski                                                                                                   
                                                                                                                                
Excused:  French, McGuire                                                                                                       
                                                                                                                                
and so, the effective date clauses were adopted.                                                                                
                                                                                                                                
                                                                                                                                
                             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 - Christopher Mandregan Jr., M.P.H.                                                                                    
Senator(s) Giessel, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
Honoring - Ron Jordan                                                                                                           
Representative(s) Tuck                                                                                                          
Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                  
Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson,                                                                     
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
Honoring - Fairbanks Ice Dogs, 2011 Robertson Cup Winners, USA                                                                  
Tier II Junior A National Championship                                                                                          
Representative(s) Kawasaki, Thompson                                                                                            
Senator(s) Paskvan, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                
Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer,                                                                     
Olson, Stedman, Thomas, Wagoner, Wielechowski                                                                                   
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1108
In Memoriam - Jack Taub                                                                                                         
Representative(s) Keller, Neuman                                                                                                
Senator(s) Menard, Huggins, Stevens, Coghill, Davis, Dyson, Egan,                                                               
Ellis, Giessel, Hoffman, Kookesh, McGuire, Meyer, Olson, Paskvan,                                                               
Stedman, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
In Memoriam - Albert William Dick                                                                                               
Representative(s) Thomas                                                                                                        
Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                
Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the citations                                                              
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
                                                                                                                                
                                    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 1:42 p.m.                                                                                                           
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 1:43 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                        Reconsideration of House Bills                                                                       
                                                                                                                                
HB 106                                                                                                                        
Senator Olson gave notice of reconsideration on SENATE CS FOR                                                                   
CS FOR HOUSE BILL NO. 106(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 SENATE CS FOR CS FOR                                                                    
HOUSE BILL NO. 106(FIN) "An Act extending the termination date                                                                  
of the Alaska coastal management program and relating to the                                                                    
extension; relating to the review of activities and regulations of the                                                          

2011-05-13                     Senate Journal                      Page 1109
Alaska coastal management program; establishing the Alaska Coastal                                                              
Policy Board; relating to the development, review, and approval of                                                              
district coastal management plans; relating to the duties of the                                                                
Department of Natural Resources relating to the Alaska coastal                                                                  
management program; relating to the review of certain consistency                                                               
determinations; providing for an effective date by amending the                                                                 
effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005; and providing                                                          
for an effective date" pass the Senate?" The roll was taken with the                                                            
following result:                                                                                                               
                                                                                                                                
SCS CSHB 106(FIN)                                                                                                               
Third Reading - On Reconsideration                                                                                              
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins,                                                           
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Thomas, Wagoner, Wielechowski                                                                                                   
                                                                                                                                
Excused:  French, McGuire                                                                                                       
                                                                                                                                
Meyer changed from "Nay" to "Yea".                                                                                              
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 106(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                                                            
clauses. Without objection, it was so ordered and the bill was signed                                                           
by the President and Secretary and was referred to the Secretary for                                                            
engrossment.                                                                                                                    
                                                                                                                                
                                                                                                                                
                                    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 1:51 p.m.                                                                                                           
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1110
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 3:21 p.m.                                                                                              
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
return to Messages from the House. Without objection, the Senate                                                                
returned to:                                                                                                                    
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
                               Recede Messages                                                                               
                                                                                                                                
HB 106                                                                                                                        
Message dated May 13 was read stating the House failed to concur in                                                             
the Senate amendment to CS FOR HOUSE BILL NO. 106(FIN) and                                                                      
respectfully requests the Senate to recede from its amendment,                                                                  
namely:                                                                                                                         
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL                                                                                       
          NO. 106(FIN) "An Act extending the termination                                                                        
          date of the Alaska coastal management program and                                                                     
          relating to the extension; relating to the review of                                                                  
          activities and regulations of the Alaska coastal                                                                      
          management program; establishing the Alaska                                                                           
          Coastal Policy Board; relating to the development,                                                                    
          review, and approval of district coastal management                                                                   
          plans; relating to the duties of the Department of                                                                    
          Natural Resources relating to the Alaska coastal                                                                      
          management program; relating to the review of                                                                         
          certain consistency determinations; providing for an                                                                  
          effective date by amending the effective date of secs.                                                                
          1 - 13 and 18, ch. 31, SLA 2005; 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:                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1111
     Representative Johnson, Chair                                                                                              
     Representative Herron                                                                                                      
     Representative Kerttula                                                                                                    
                                                                                                                                
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:                                                                                   
                                                                                                                                
SCS CSHB 106(FIN)                                                                                                               
Shall the Senate Recede from its Amendment                                                                                      
to CSHB 106(FIN)?                                                                                                               
                                                                                                                                
YEAS:  3   NAYS:  14   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Giessel, Huggins                                                                                                
                                                                                                                                
Nays:  Davis, Egan, Ellis, Hoffman, Kookesh, Menard, Meyer, Olson,                                                              
Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski                                                                        
                                                                                                                                
Excused:  Dyson, French, McGuire                                                                                                
                                                                                                                                
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 Olson, Chair                                                                                                       
     Senator Wielechowski                                                                                                       
     Senator Kookesh                                                                                                            
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1112
                                 Engrossment                                                                                 
                                                                                                                                
HB 106                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN) "An Act                                                                            
extending the termination date of the Alaska coastal management                                                                 
program and relating to the extension; relating to the review of                                                                
activities and regulations of the Alaska coastal management program;                                                            
establishing the Alaska Coastal Policy Board; relating to the                                                                   
development, review, and approval of district coastal management                                                                
plans; relating to the duties of the Department of Natural Resources                                                            
relating to the Alaska coastal management program; relating to the                                                              
review of certain consistency determinations; providing for an                                                                  
effective date by amending the effective date of secs. 1 - 13 and 18,                                                           
ch. 31, SLA 2005; and providing for an effective date" was engrossed,                                                           
signed by the President and Secretary and returned to the House for                                                             
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 9:00 a.m., May 14, 2011. Without                                                                     
objection, the Senate adjourned at 3:26 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2011-05-13                     Senate Journal                      Page 1113
                                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 13        Friday                    Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
+= HB 106 COASTAL MANAGEMENT PROGRAM                                                                                            
                                                                                                                                
May 14        Saturday                  Senate Finance 532          10:00 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                                                                              
                                                                                                                                
Jul 07        Thursday                             Kotzebue         Time TBA                                                  
+             Location: Kotzebue Heritage Center                                                                                
                                                                                                                                
Jul 08        Friday                                   Nome         Time TBA                                                  
+             Location: Nome City Chambers