Legislature(2011 - 2012)

2011-06-24 Senate Journal

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2011-06-24                     Senate Journal                      Page 1125
                                                                                                                                
                              SENATE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                        TWENTY-SEVENTH LEGISLATURE                                                                           
                                                                                                                                
                 FIRST SESSION AND FIRST SPECIAL SESSION                                                                     
                                                                                                                                
Juneau, Alaska                    Friday                    June 24, 2011                                                     
                                                                                                                                
                                                                                                                                
                             First Supplement                                                                                
                                                                                                                                
                                Enrollment                                                                                   
                                                                                                                                
SB 1                                                                                                                          
HOUSE CS FOR CS FOR SENATE BILL NO. 1(RLS) "An Act                                                                              
requiring the state Board of Education and Early Development to                                                                 
provide an annual report to the legislature; and establishing a joint                                                           
legislative task force on theme-based education" 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 12:10 p.m., May 23, 2011.                                                                                           
                                                                                                                                
SB 15                                                                                                                         
CS FOR SENATE BILL NO. 15(JUD) "An Act relating to penalties                                                                    
for certain alcohol offenses involving persons under 21 years of age                                                            
committed by certain sex offenders or child kidnappers" 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 2:25 p.m., June 17, 2011.                                                                                           
                                                                                                                                
SB 42                                                                                                                         
CS FOR SENATE BILL NO. 42(FIN) "An Act relating to the quorum                                                                   
of the Alaska Energy Authority; relating to the powers and duties of                                                            
the Alaska Energy Authority; relating to the acquisition or                                                                     
construction of a Susitna River power project by the Alaska Energy                                                              
Authority; relating to the definition of 'feasibility study' in the Alaska                                                      
Energy Authority Act; providing legislative approval for certain loans                                                          
from the power project fund; and providing for an effective date" was                                                           
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 9:15 a.m., June 24, 2011.                                                                                    

2011-06-24                     Senate Journal                      Page 1126
SB 46                                                                                                                         
HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN) "An Act                                                                             
making and amending appropriations, including capital appropriations,                                                           
savings deposits in the form of appropriations to the statutory budget                                                          
reserve fund, and other appropriations; making appropriations to                                                                
capitalize funds; and providing for an effective date" 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 2:03 p.m., June 8, 2011.                                                                                            
                                                                                                                                
Memorandum from the Division of Legal and Research Services,                                                                    
Legislative Affairs Agency, reporting the following manifest errors in                                                          
HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN), which have                                                                         
been corrected in enrolling:                                                                                                    
                                                                                                                                
Page 55, line 32, following "Construction":                                                                                     
         Insert "of"                                                                                                            
                                                                                                                                
Page 76, line 19:                                                                                                               
         Delete "Nets"                                                                                                          
         Insert "Net"                                                                                                           
                                                                                                                                
Page 136, line 7, following "and":                                                                                              
         Insert "Sterling"                                                                                                      
                                                                                                                                
SB 76                                                                                                                         
CS FOR SENATE BILL NO. 76(FIN) "An Act making supplemental                                                                      
appropriations, capital appropriations, and other appropriations;                                                               
amending appropriations; making appropriations to capitalize funds;                                                             
and providing for an effective date" 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                                                                
11:45 a.m., May 16, 2011.                                                                                                       
                                                                                                                                
Memorandum from the Division of Legal and Research Services,                                                                    
Legislative Affairs Agency, reporting the following manifest errors in                                                          
CS FOR SENATE BILL NO. 76(FIN), which have been corrected in                                                                    
enrolling:                                                                                                                      
                                                                                                                                
                                                                                                                                

2011-06-24                     Senate Journal                      Page 1127
Page 35, line 6:                                                                                                                
         Delete "(c)"                                                                                                           
         Insert "(a)"                                                                                                           
                                                                                                                                
Page 37, line 2:                                                                                                                
         Delete "fund"                                                                                                          
                                                                                                                                
Page 37, line 4:                                                                                                                
         Delete "fund"                                                                                                          
                                                                                                                                
SB 78                                                                                                                         
CS FOR SENATE BILL NO. 78(JUD) "An Act relating to liability of                                                                 
certain limited liability organizations holding liquor licenses; and                                                            
relating to accidents involving the vehicle of a person under the                                                               
influence of alcoholic beverages" 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                                                                
12:10 p.m., May 23, 2011.                                                                                                       
                                                                                                                                
SB 95                                                                                                                         
SENATE BILL NO. 95 am H "An Act naming the ferry terminal                                                                       
located at Auke Bay in Juneau the Frank Palmer Auke Bay Ferry                                                                   
Terminal" 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 12:10 p.m., May 23, 2011.                                                          
                                                                                                                                
SB 108                                                                                                                        
SENATE BILL NO. 108 "An Act naming the Dowling Road overpass                                                                    
at milepost 123.7 on the New Seward Highway the Spc. Stephen                                                                    
"Max" Cavanaugh, Jr., Memorial Overpass" 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 3:34p.m., June 6, 2011.                                                                                             
                                                                                                                                
                                                                                                                                
                        Messages from the Governor                                                                           
                                                                                                                                
SB 90                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on May 17 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              

2011-06-24                     Senate Journal                      Page 1128
         SENATE BILL NO. 90 "An Act classifying and                                                                             
         setting a monthly salary for the executive secretary of                                                                
         the Board of Public Accountancy."                                                                                      
                                                                                                                                
                           Chapter 9, SLA 2011                                                                                 
                         Effective Date: 8/15/11                                                                               
                                                                                                                                
SB 31                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on May 17 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                    
         31(STA) am H "An Act relating to the counting of                                                                       
         write-in votes."                                                                                                       
                                                                                                                                
                           Chapter 10, SLA 2011                                                                                
                         Effective Date: 8/15/11                                                                               
                                                                                                                                
SB 58                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on May 17 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         SENATE BILL NO. 58 "An Act increasing the                                                                              
         number of superior court judges designated for the                                                                     
         third judicial district; and providing for an effective                                                                
         date."                                                                                                                 
                                                                                                                                
                           Chapter 11, SLA 2011                                                                                
                          Effective Date: 7/1/11                                                                               
                                                                                                                                
HB 15                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on May 27 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         CS FOR HOUSE BILL NO. 15(JUD) "An Act                                                                                  
         relating to prevention and evaluation of and liability                                                                 
         for concussions in student athletes."                                                                                  

2011-06-24                     Senate Journal                      Page 1129
                           Chapter 12, SLA 2011                                                                                
                         Effective Date: 8/25/11                                                                               
                                                                                                                                
HB 173                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on May 27 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         HOUSE BILL NO. 173 "An Act amending the                                                                                
         termination date of the licensing of sport fishing                                                                     
         operators and sport fishing guides; and providing for                                                                  
         an effective date."                                                                                                    
                                                                                                                                
                           Chapter 13, SLA 2011                                                                                
                         Effective Date: 5/28/11                                                                               
                                                                                                                                
SB 1                                                                                                                          
Message was received stating the Governor signed the following bill                                                             
on May 27 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                    
         1(RLS) "An Act requiring the state Board of                                                                            
         Education and Early Development to provide an                                                                          
         annual report to the legislature; and establishing a                                                                   
         joint legislative task force on theme-based                                                                            
         education."                                                                                                            
                                                                                                                                
                           Chapter 14, SLA 2011                                                                                
                         Effective Date: 8/25/11                                                                               
                                                                                                                                
SB 78                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on May 27 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         CS FOR SENATE BILL NO. 78(JUD) "An Act                                                                                 
         relating to liability of certain limited liability                                                                     
         organizations holding liquor licenses; and relating to                                                                 
         accidents involving the vehicle of a person under the                                                                  
         influence of alcoholic beverages."                                                                                     

2011-06-24                     Senate Journal                      Page 1130
                           Chapter 15, SLA 2011                                                                                
                         Effective Date: 8/25/11                                                                               
                                                                                                                                
HB 18                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on May 27 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         CS FOR HOUSE BILL NO. 18(STA) am "An Act                                                                               
         establishing Alaska Public Gardens Day on the                                                                          
         Saturday immediately preceding Memorial Day each                                                                       
         year."                                                                                                                 
                                                                                                                                
                           Chapter 16, SLA 2011                                                                                
                         Effective Date: 8/25/11                                                                               
                                                                                                                                
HB 214                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 8 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         HOUSE BILL NO. 214 am "An Act naming the                                                                               
         Ketchikan ferry terminal the Walter L. Kubley                                                                          
         Ketchikan Ferry Terminal."                                                                                             
                                                                                                                                
                           Chapter 17, SLA 2011                                                                                
                          Effective Date: 9/6/11                                                                               
                                                                                                                                
SB 95                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on June 8 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         SENATE BILL NO. 95 am H "An Act naming the                                                                             
         ferry terminal located at Auke Bay in Juneau the                                                                       
         Frank Palmer Auke Bay Ferry Terminal."                                                                                 
                                                                                                                                
                           Chapter 18, SLA 2011                                                                                
                          Effective Date: 9/6/11                                                                               
                                                                                                                                

2011-06-24                     Senate Journal                      Page 1131
SB 108                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 8 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         SENATE BILL NO. 108 "An Act naming the                                                                                 
         Dowling Road overpass at milepost 123.7 on the                                                                         
         New Seward Highway the Spc. Stephen "Max"                                                                              
         Cavanaugh, Jr., Memorial Overpass."                                                                                    
                                                                                                                                
                           Chapter 19, SLA 2011                                                                                
                          Effective Date: 9/6/11                                                                               
                                                                                                                                
HB 127                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 23 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 127(JUD)                                                                               
     "An Act relating to the crimes of stalking, sexual assault in                                                              
     the third degree, sexual assault in the fourth degree,                                                                     
     unlawful exploitation of a minor, distribution of child                                                                    
     pornography, online enticement of a minor, endangering the                                                                 
     welfare of a child, sending an explicit image of a minor,                                                                  
     harassment, and misconduct involving confidential                                                                          
     information; making the installation, enabling, or use of                                                                  
     keystroke loggers or other devices criminal use of a                                                                       
     computer; 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 conditions of                                                                   
     probation in criminal cases involving sex offenses; 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; amending                                                                 
     Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule                                                                 
     43.10, Alaska Rules of Administration; and providing for an                                                                
     effective date."                                                                                                           
                                                                                                                                
                           Chapter 20, SLA 2011                                                                                
                          Effective Date: 7/1/11                                                                               

2011-06-24                     Senate Journal                      Page 1132
SB 15                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on June 23 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         CS FOR SENATE BILL NO. 15(JUD) "An Act                                                                                 
         relating to penalties for certain alcohol offenses                                                                     
         involving persons under 21 years of age committed                                                                      
         by certain sex offenders or child kidnappers."                                                                         
                                                                                                                                
                           Chapter 21, SLA 2011                                                                                
                         Effective Date: 9/21/11                                                                               
                                                                                                                                
HB 7                                                                                                                          
Message was received stating the Governor signed the following bill                                                             
on June 23 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                    
         7(JUD) "An Act classifying certain substances as                                                                       
         schedule IIIA controlled substances and relating to                                                                    
         penalties for possession of those substances; and                                                                      
         providing for an effective date."                                                                                      
                                                                                                                                
                           Chapter 22, SLA 2011                                                                                
                          Effective Date: 7/1/11                                                                               
                                                                                                                                
HB 164                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 23 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                    
         164(L&C) "An Act relating to health care insurance,                                                                    
         exemption of certain insurers, reporting, notice, and                                                                  
         record-keeping requirements for insurers,                                                                              
         biographical affidavits, qualifications of alien                                                                       
         insurers assuming ceded insurance, risk-based capital                                                                  
         for insurers, insurance holding companies, licensing,                                                                  
         federal requirements for nonadmitted insurers,                                                                         

2011-06-24                     Senate Journal                      Page 1133
         surplus lines insurance, insurance fraud, life                                                                         
         insurance policies and annuity contracts, rate filings                                                                 
         by health care insurers, long-term care insurance,                                                                     
         automobile service corporations, guaranty fund                                                                         
         deposits of a title insurer, joint title plants, fraternal                                                             
         benefit societies, multiple employer welfare                                                                           
         arrangements, hospital and medical service                                                                             
         corporations, health maintenance organizations, and                                                                    
         alternate forms of payment to policyholders; and                                                                       
         providing for an effective date."                                                                                      
                                                                                                                                
                           Chapter 23, SLA 2011                                                                                
                       Effective Date: See Chapter                                                                             
                                                                                                                                
HB 183                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 23 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         CS FOR HOUSE BILL NO. 183(FIN) am "An Act                                                                              
         relating to the Village Safe Water Act; and providing                                                                  
         for an effective date."                                                                                                
                                                                                                                                
                           Chapter 24, SLA 2011                                                                                
                         Effective Date: 6/24/11                                                                               
                                                                                                                                
SB 76                                                                                                                         
Message dated May 17 was received, stating:                                                                                     
                                                                                                                                
Dear President Stevens:                                                                                                         
                                                                                                                                
On this date, I have signed the following bill passed by the first special                                                      
session of the Twenty-seventh Alaska State Legislature and am                                                                   
transmitted the engrossed and enrolled copies to the Lieutenant                                                                 
Governor's Office for permanent filing:                                                                                         
                                                                                                                                
         CS FOR SENATE BILL NO. 76(FIN) "An Act                                                                                 
         making supplemental appropriations, capital                                                                            
         appropriations, and other appropriations; amending                                                                     
         appropriations; making appropriations to capitalize                                                                    
         funds; and providing for an effective date."                                                                           
                                                                                                                                

2011-06-24                     Senate Journal                      Page 1134
                          Chapter 1, FSSLA 2011                                                                                
                       Effective Date: See Chapter                                                                             
                                                                                                                                
As passed, the supplemental appropriations for Fiscal Year 2011 total                                                           
$135,046,700, including $53,783,600 in general funds, to address                                                                
unanticipated costs in the current year. I will continue to direct State                                                        
agencies to manage their budgets for efficiencies.                                                                              
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
HB 24                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on June 8 and transmitted the engrossed and enrolled copies to the                                                              
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
         CONFERENCE CS FOR HOUSE BILL NO. 24 "An                                                                                
         Act extending the termination date of the Regulatory                                                                   
         Commission of Alaska; and providing for an                                                                             
         effective date."                                                                                                       
                                                                                                                                
                          Chapter 2, FSSLA 2011                                                                                
                          Effective Date: 6/9/11                                                                               
                                                                                                                                
                                                                                                                                
                         Messages from the House                                                                             
                                                                                                                                
HB 106                                                                                                                        
Message dated May 14 was received stating the Speaker has granted                                                               
limited powers of free conference to the House conferees considering:                                                           
                                                                                                                                
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                                                            

2011-06-24                     Senate Journal                      Page 1135
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                                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 106(FIN), on the following specific                                                                       
points:                                                                                                                         
                                                                                                                                
Page 14, lines 10 through 29, House Version (deleted in Senate                                                                  
Version);                                                                                                                       
                                                                                                                                
and on the definitions of "scientific evidence" and "local knowledge"                                                           
and any conflicts between scientific evidence and local knowledge.                                                              
                                                                                                                                
Message dated May 14 was received stating the House failed:                                                                     
                                                                                                                                
         CONFERENCE CS FOR HOUSE BILL NO. 106                                                                                   
         "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."                                                                    
                                                                                                                                
                                                                                                                                
This is the first supplement of the Senate Journal for the First Session                                                        
and the First Special Session of the Twenty-seventh Legislature.                                                                
                                                                                                                                
                                                                                                                                
                                                             Kirsten Waid                                                       
                                                   Secretary of the Senate