Legislature(2011 - 2012)

2012-01-18 Senate Journal

Full Journal pdf

2012-01-18                     Senate Journal                      Page 1241
                                                                                                                                
                                 SENATE JOURNAL                                                                              
                                                                                                                                
                            ALASKA STATE LEGISLATURE                                                                         
                                                                                                                                
                           TWENTY-SEVENTH LEGISLATURE                                                                        
                                                                                                                                
                                 SECOND SESSION                                                                              
                                                                                                                                
Juneau, Alaska                               Wednesday                          January 18, 2012                              
                                                                                                                                
                                   Second Day                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 11:00 a.m.                                                                                                           
                                                                                                                                
The roll showed nineteen members present. Senator Kookesh was                                                                   
excused from a call of the Senate.                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, The Reverend George Silides                                                             
of Holy Trinity Episcopal Church. Senator Olson moved and asked                                                                 
unanimous consent that the prayer be spread. Without objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
          With utmost respect for the religious traditions of all                                                               
          Alaskans, I offer this prayer:                                                                                        
                                                                                                                                
          Almighty God, from whom all Truth proceeds: Direct,                                                                   
          we pray, those who speak here where many listen and                                                                   
          write what many read; that they may do their part in                                                                  
          making the heart of this people wise, its mind sound; and                                                             
          its will righteous. Bless them with true companions, and                                                              
          faithful counselors. Give them open minds and open                                                                    
          hearts; that wheresoever the best idea, the best solution,                                                            
          comes; they may be quick to grant it hearing, and seize                                                               
          the opportunity for all.                                                                                              
                                                                                                                                
          Gracious God, whose loving hand has made us stewards                                                                  
          of a bounteous earth and teeming sea: Bless those who                                                                 
          work upon the land and those upon the waters. Bless also                                                              
          those who suffer want and anxiety for lack of work.                                                                   
          Strengthen those who work; relieve their suffering by                                                                 
          law, by charity, by personal service.                                                                                 
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1242
              Upon these men and women here gathered this morning                                                              
              give thy heavenly benediction, thy strength and thy                                                              
          peace; for their joy's sake, and work they do.                                                                        
                                                                                     Amen.                                      
                                                                                                                                
Senator Coghill led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                 Certification                                                                               
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journal                                                                
for the first legislative day be approved as certified by the Secretary.                                                        
Without objection, it was so ordered.                                                                                           
                                                                                                                                
                                                                                                                                
                                 Communications                                                                              
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
A Resolution Supporting the Ratification of the United Nations                                                                  
Convention on the Law of the Sea (UNCLOS)                                                                                       
dated August 22, 2011                                                                                                           
from Denise Michels, Mayor, City of Nome                                                                                        
                                                                                                                                
Status Report on Health Information Exchange in Alaska                                                                          
dated December 2011                                                                                                             
from the Department of Health and Social Services                                                                               
in accordance with AS 18.23.315                                                                                                 
                                                                                                                                
Department of Transportation and Public Facilities Alaska                                                                       
International Airports System (AIAS) Construction Fund Annual                                                                   
Report and Spending Plan Fiscal Year 2012                                                                                       
from Keith Day, AIAS Controller                                                                                                 
in accordance with AS 37.15.420(c)                                                                                              
                                                                                                                                
Alaska Sustainable Energy Act 2011                                                                                              
Progress Report for the Department of Transportation and Public                                                                 
Facilities and Department of Administration                                                                                     
from Marc Luiken, Commissioner                                                                                                  
Department of Transportation and Public Facilities                                                                              
in accordance with AS 44.42.067(d)                                                                                              
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1243
Transforming Health Care in Alaska                                                                                              
2011 Annual Report of the Alaska Health Care Commission                                                                         
2010 - 2014 Strategic Plan Update                                                                                               
from Ward B. Hurlburt, Chair and Deborah Erickson, Executive                                                                    
Director, Alaska Health Care Commission                                                                                         
in accordance with AS 18.09.070                                                                                                 
                                                                                                                                
A Report Listing Alaska Statutes with Delayed Repeals or Delayed                                                                
Amendments and Examining Court Decisions and Opinions of the                                                                    
Attorney General Construing Alaska Statutes                                                                                     
from MaryEllen Duffy, Special Assistant                                                                                         
Division of Legal and Research Services, Legislative Affairs Agency                                                             
in accordance with AS 24.20.065(b)                                                                                              
                                                                                                                                
The following Budget and Audit Reports were received from Pat                                                                   
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                                              
are on file in the Office of the Secretary of the Senate:                                                                       
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                      
Division of Corporations, Business and Professional Licensing                                                                   
State Medical Board, dated June 16, 2011                                                                                        
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                      
Big Game Commercial Services Board, dated September 13, 2011                                                                    
                                                                                                                                
Office of the Governor, Alaska State Commission for Human Rights                                                                
Selected Operational Issues, September 23, 2011                                                                                 
                                                                                                                                
                                                                                                                                
                         Introduction and Reference of                                                                       
                               Senate Resolutions                                                                            
                                                                                                                                
SCR 18                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 18 BY SENATOR                                                                                  
DYSON,                                                                                                                          
                                                                                                                                
                Establishing August 4, 2012, as Raoul Wallenberg                                                               
             Remembrance Day.                                                                                                   
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1244
SCR 19                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 19 BY SENATOR                                                                                  
DYSON,                                                                                                                          
                                                                                                                                
              Proclaiming September 24, 2012, to be United States                                                              
             Marshals Day.                                                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
                                                                                                                                
                   Introduction and Reference of Senate Bills                                                                
                                                                                                                                
SB 167                                                                                                                        
SENATE BILL NO. 167 BY THE SENATE FINANCE                                                                                       
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
      "An Act providing that the tax rate applicable to the                                                                     
      production of oil as the average production tax value of oil,                                                             
      gas produced in the Cook Inlet sedimentary basin, and gas                                                                 
      produced outside of the Cook Inlet sedimentary basin and                                                                  
      used in the state increases above $30 shall be 0.4 percent                                                                
      multiplied by the number that represents the difference                                                                   
      between that average monthly production tax value and $30,                                                                
      or the sum of 25 percent and the product of 0.1 percent                                                                   
      multiplied by the number that represents the difference                                                                   
      between that average monthly production tax value and                                                                     
      $92.50, except that the total rate determined in the calculation                                                          
      may not exceed 50 percent; providing for an increase in the                                                               
      rate of tax on the production of gas as the average production                                                            
      tax value on a BTU equivalent barrel basis of gas produced                                                                
      outside of the Cook Inlet sedimentary basin and not used in                                                               
      the state increases above $30; relating to payments of the oil                                                            
      and gas production tax; relating to the lease expenditures that                                                           
      may be deducted when determining production tax value;                                                                    
      relating to availability of a portion of the money received                                                               
      from the tax on oil and gas production for appropriation to the                                                           
      community revenue sharing fund; relating to the allocation of                                                             
      lease expenditures and adjustments to lease expenditures; and                                                             
      providing for an effective date."                                                                                         
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1245
SB 168                                                                                                                        
SENATE BILL NO. 168 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST, entitled:                                                                                                           
                                                                                                                                
             "An Act relating to geographic cost-of-living salary                                                               
             adjustments for justices of the supreme court and                                                                  
             judges of the superior and district courts; and                                                                    
             providing for an effective date."                                                                                  
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                              Unfinished Business                                                                            
                                                                                                                                
                                   Citations                                                                                 
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the following                                                              
citation be made a special order of business. Without objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
                           Special Order of Business                                                                         
                                                                                                                                
In Memoriam - Jack Powers                                                                                                       
Representative(s) Stoltze                                                                                                       
Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                
Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the citation                                                               
be adopted. Without objection, the citation was adopted and referred to                                                         
the Secretary for transmittal.                                                                                                  
                                                                                                                                
                                                                                                                                
                                 Announcements                                                                               
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1246
                                     Recess                                                                                  
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in recess to the Joint Session. Without objection, the Senate                                                             
recessed at 11:23 a.m.                                                                                                          
                                                                                                                                
                                  After Recess                                                                               
                                                                                                                                
                           Joint Session in the House                                                                        
                                                                                                                                
Speaker Chenault called the House to order and in accordance with                                                               
Uniform Rule 51 turned the gavel over to President Stevens, who                                                                 
called the Joint Session to order at 7:00 p.m.                                                                                  
                                                                                                                                
The purpose of the Joint Session was to hear an address by the                                                                  
Honorable Governor Sean Parnell.                                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the roll call                                                              
of the Senate be waived and all members be shown as present.                                                                    
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the roll call of the House be waived and all members be shown as                                                                
present. Without objection, it was so ordered.                                                                                  
                                                                                                                                
President Stevens appointed Representative Thomas and Senator                                                                   
Menard to escort Governor Sean Parnell to the Joint Session.                                                                    
                                                                                                                                
The Senate Sergeant at Arms, Zachary Mannix, announced Governor                                                                 
Parnell's entrance to the House Chamber.                                                                                        
                                                                                                                                
The Honorable Sean Parnell was escorted to the rostrum and                                                                      
welcomed by President Stevens.                                                                                                  
                                                                                                                                
Governor Parnell delivered his address. This address appears in Senate                                                          
and House Joint Journal Supplement No. 9.                                                                                       
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Joint                                                                  
Session stand in adjournment. Without objection, President Stevens                                                              
adjourned the Joint Session at 7:33 p.m.                                                                                        

2012-01-18                     Senate Journal                      Page 1247
                                  After Recess                                                                               
                                                                                                                                
                                 In the Senate                                                                               
                                                                                                                                
                                                                                                                                
The Senate reconvened at 7:39 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                                  Adjournment                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 11:00 a.m., January 20, 2012. Without                                                                
objection, the Senate adjourned at 7:40 p.m.                                                                                    
                                                                                                                                
                                                                                       Kirsten Waid                             
                                                                         Secretary of the Senate                                
                                                                                                                                
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1248
                                 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                                                                                  
                                                                                                                                
Jan 18             Wednesday                           Senate Finance 532                      9:00 AM                        
+= HB 104 ALASKA PERFORMANCE SCHOLARSHIPS                                                                                       
+ SB  86 PROTECTION OF VULNERABLE ADULTS/MINORS                                                                                 
+ SB   2 LICENSE PLATES:  NATIONAL RIFLE ASSN.                                                                                  
                   Bill Hearing Postponed                                                                                       
+ SB  16 SPECIAL REQUEST LICENSE PLATES                                                                                         
                   Bill Hearing Postponed                                                                                       
+                  Bills Previously Heard/Scheduled                                                                             
                                                                                                                                
Jan 19             Thursday                            Senate Finance 532                      9:00 AM                        
                   No Meeting Scheduled                                                                                         
                                                                                                                                
Jan 20             Friday                              Senate Finance 532                      9:00 AM                        
+ SB  51 STATE VENDING LICENSES                                                                                                 
+ SB  53 COMMISSION ON THE STATUS OF WOMEN                                                                                      
+ SB 103 WORKERS' COMPENSATION FOR FIREFIGHTERS                                                                                 
+ SB  68 COMMERCIAL FISHING & AGRICULTURE BANK                                                                                  
+ SB  30 RETURN OF SEIZED PROPERTY                                                                                              
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                   JUDICIARY                                                                                 
                                                                                                                                
Jan 18             Wednesday                             Beltz 105 (tsbldg)                    1:30 PM                        
+= SB  89 LEGISLATIVE ETHICS ACT                                                                                                
+= SB 104 MANUFACTURED HOMES AS REAL PROPERTY                                                                                   
+                  Bills Previously Heard/Scheduled                                                                             

2012-01-18                     Senate Journal                      Page 1249
                             JUDICIARY (continued)                                                                           
                                                                                                                                
Jan 20             Friday                                Beltz 105 (tsbldg)                    1:30 PM                        
                   No Meeting Scheduled                                                                                         
                                                                                                                                
Jan 24             Tuesday                                    Butrovich 205                  10:30 AM                         
+                  10:30 a.m. to 5:00 p.m.                                                                                      
                   Crime Summit                                                                                                 
                   -- Testimony <Invitation Only> --                                                                            
                                                                                                                                
Jan 25             Wednesday                                  Butrovich 205                    8:30 AM                        
+                  8:30 a.m. to 3:00 p.m.                                                                                       
                   Crime Summit                                                                                                 
                   -- Testimony <Invitation Only> --                                                                            
                    ----------------------------------------                                                                   
                                                                                                                                
                                LABOR & COMMERCE                                                                             
                                                                                                                                
Jan 19             Thursday                              Beltz 105 (tsbldg)                    1:30 PM                        
+= SB 116 WORKERS' COMP.: COLL BARGAINING/MEDIATION                                                                             
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                   RESOURCES                                                                                 
                                                                                                                                
Jan 18             Wednesday                                  Butrovich 205                    3:30 PM                        
                   Presentation by Heavy Oil Solutions                                                                          
                   Power Point Presentation by Stephen Yarbro of                                                                
                   Los Alamos, New Mexico                                                                                       
                   -- Testimony by Invitation Only --                                                                           
                                                                                                                                
Jan 20             Friday                                     Butrovich 205                    3:30 PM                        
                   No Meeting Scheduled                                                                                         
                    ----------------------------------------                                                                   
                                                                                                                                
                                 STATE AFFAIRS                                                                               
                                                                                                                                
Jan 24             Tuesday                                    Butrovich 205                    9:00 AM                        
+ SJR 10 CONT. AM.:  BUDGET RESERVE FUND                                                                                        
+ SB 130 ALASKA NATIVE LANGUAGE COUNCIL                                                                                         
+ SB 136 INCOME TAX CREDIT FOR EMPLOYING A VETERAN                                                                              
                   Bills Previously Heard/Scheduled                                                                             

2012-01-18                     Senate Journal                      Page 1250
                           STATE AFFAIRS (continued)                                                                         
                                                                                                                                
Jan 26             Thursday                                   Butrovich 205                    9:00 AM                        
+= SB 121 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS                                                                              
                   Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                 TRANSPORTATION                                                                              
                                                                                                                                
Jan 19             Thursday                                   Butrovich 205                    1:00 PM                        
                   No Meeting Scheduled                                                                                         
                    ----------------------------------------                                                                   
                                                                                                                                
                             FINANCE SUBCOMMITTEES                                                                           
                                                                                                                                
                          MILITARY & VETERANS' AFFAIRS                                                                       
                                                                                                                                
Jan 18             Wednesday                                  Butrovich 205                    1:30 PM                        
                   -- MEETING CANCELED --                                                                                       
+                  Overview: U.S. Coast Guard mission in Alaska                                                                 
                   and the role of the Department of Military and                                                               
                   Veterans Affairs                                                                                             
                   -- Testimony <Invitation Only> --                                                                            
                    ----------------------------------------                                                                   
                                                                                                                                
                                JOINT COMMITTEES                                                                             
                                                                                                                                
                           LEGISLATIVE BUDGET & AUDIT                                                                        
                                                                                                                                
Jan 23             Monday                              House Finance 519                       8:00 AM                        
                   Audit Requests                                                                                               
                   Other Committee Business                                                                                     
                                                                                                                                
Feb 27             Monday                              House Finance 519                       8:00 AM                        
                   Audits - Executive Session                                                                                   
                   Other Committee Business                                                                                     
                                                                                                                                
Mar 28             Wednesday                           House Finance 519                       8:00 AM                        
                   Audits - Executive Session                                                                                   
                   Other Committee Business                                                                                     
                    ----------------------------------------                                                                   
                                                                                                                                

2012-01-18                     Senate Journal                      Page 1251
                     SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                  
                                                                                                                                
Jan 20             Friday                                     Butrovich 205                    8:30 AM                        
+                  FULL COMMITTEE: Open Session                                                                                 
                   Public Comment                                                                                               
                   Chair/Staff Report                                                                                           
                   Budget                                                                                                       
                   Advisory Opinion 11-04                                                                                       
                   Define Participation in a Sanctioned Charity                                                                 
   Event, AS 24.60.080(a)(2)(B)                                                                                                 
                   Advisory Opinion 12-01 requested by Sen. Stedman                                                             
                   Travel to Event in a City in New Legis. District                                                             
                   2012 Legislation Update                                                                                      
                   Advisory Opinion 11-05 (Executive Session)                                                                   
                   Public Session                                                                                               
                   Other Business                                                                                               
                   1 - 2:30 SENATE SUBCOMMITTEE (Executive Session)                                                             
                   Public Comment                                                                                               
                   Executive Session                                                                                            
                    ----------------------------------------                                                                   
                                                                                                                                
                                 OTHER MEETINGS                                                                              
                                                                                                                                
                                 JOINT SESSION                                                                               
                                                                                                                                
Jan 18             Wednesday                               House Chamber                       7:00 PM                        
                   State of the State and Budget Address by the                                                                 
                   Honorable Sean Parnell, Governor of Alaska                                                                   
                                                                                                                                
Mar 05             Monday                                  House Chamber                     11:00 AM                         
                   Annual Address by the Honorable                                                                              
                   Mark Begich, U.S. Senator