Legislature(2011 - 2012)
2012-03-12 Senate Journal
Full Journal pdf2012-03-12 Senate Journal Page 1803 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 12, 2012 Fifty-sixth Day Pursuant to adjournment the Senate was called to order by President Stevens at 2:02 p.m. The roll showed eighteen members present. Senators Davis, Wagoner were excused from a call of the Senate. The prayer was offered by the Chaplain, The Reverend Murray Richmond. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord, our God, A long time ago you offered your view on legislation - Ten Commandments that are elegant in their simplicity. We who work here do not have the luxury of that simplicity. It would be easy if this body could just say, thou shalt produce cheap energy, thou shalt teach our students all they need to know, thou shalt not do anything bad. We could all agree on those things, pass those laws and then go home. But everyone in this room knows that nothing is that simple. In order for this body to do its work, it has to dig deep down in the minutia of legislation, and as Shakespeare said, there's the rub. We can all agree that every Alaskan should have access to affordable energy, but we may not agree on how to get there. We can all agree that education is good, but we may 2012-03-12 Senate Journal Page 1804 not all agree on how to supply it. We can all agree that our laws should be fair and just, but when it comes down to it, we often do not agree on what fair and just actually mean. O Lord, I really hope you get some entertainment out of our predicament. I hope that as you watch us muddle our way through this life, you smile on our best attempts, even when they are misguided. I hope you can see beyond our actions and into our motives. For I know this body, Lord. I know the men and women who serve here, and I know that to a person, they are doing what they think is best for our state. And that is my prayer for us as well today. And I hope that we can smile on our best efforts as well as the best efforts of others. It is said that angels can fly because they take themselves so lightly. May all who work here do so with due diligence. But may we also take ourselves as lightly as angels, working with an overwhelming sense of joy. Amen. Senator Giessel led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the fiftieth through fifty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HB 19 Message dated March 7 was read stating: Dear President Stevens: 2012-03-12 Senate Journal Page 1805 On this date, I have signed the following bill passed by the second session of the Twenty-Seventh Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 19 "An Act relating to special request registration plates; and providing for an effective date." Chapter 2, SLA 2012 [Effective Date: 3/8/12] This bill is an expansion of existing statute allowing the Department of Administration, Division of Motor Vehicles to design and create additional special request motor vehicle license plates. Although I have signed this bill, I am concerned that continuing multiplication of new license plate categories may become a challenge. If the practice continues, it could detract from legitimate State functions and purposes like public safety and license registration. Sincerely, /s/ Sean Parnell Governor Messages from the House Message dated March 6 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 56 HOUSE BILL NO. 56 BY REPRESENTATIVES GATTO, GRUENBERG, LYNN, Olson, Johnson, entitled: "An Act making arson in the first degree and arson in the second degree serious felonies for purposes of application of the crime of conspiracy." 2012-03-12 Senate Journal Page 1806 was read the first time and referred to the Judiciary and Finance Committees. HB 234 HOUSE BILL NO. 234 BY REPRESENTATIVES THOMAS, Herron, Olson, Thompson, Miller, Feige, Chenault, Johnson, P.Wilson, Dick, Lynn, Saddler, Austerman, Pruitt, Gara, Stoltze, Munoz, Hawker, Seaton, Fairclough, T.Wilson, entitled: "An Act relating to picketing or protests at a funeral." was read the first time and referred to the State Affairs and Judiciary Committees. HB 304 HOUSE BILL NO. 304 BY REPRESENTATIVES JOHNSON, T.Wilson, Stoltze, Costello, Hawker, Olson, Kerttula, Pruitt, entitled: "An Act relating to the membership of the Alaska Fire Standards Council." was read the first time and referred to the State Affairs and Finance Committees. Introduction and Reference of Senate Resolutions SCR 24 SENATE CONCURRENT RESOLUTION NO. 24 BY THE SENATE RULES COMMITTEE BY REQUEST, Establishing the Alaska Legislative Celebration Commission to organize events to commemorate the 100th anniversary of the first convening of the legislative branch of government in Alaska. was read the first time and referred to the Finance Committee. 2012-03-12 Senate Journal Page 1807 Consideration of the Calendar Second Reading of Senate Bills SB 135 SENATE BILL NO. 135 "An Act relating to the rights of crime victims; relating to the duties of prosecuting attorneys; and amending Rule 45, Alaska Rules of Criminal Procedure" was read the second time. Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1483. Without objection, CS FOR SENATE BILL NO. 135(JUD) was adopted. Senator Meyer moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 135(JUD) was read the third time. Senators Wielechowski, Coghill, Olson, Kookesh, Giessel, Meyer, Ellis, Menard, Paskvan, Egan, McGuire, Stedman, Thomas, Stevens moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 135(JUD) "An Act relating to the rights of crime victims; relating to the duties of prosecuting attorneys; and amending Rule 45, Alaska Rules of Criminal Procedure" pass the Senate?" The roll was taken with the following result: CSSB 135(JUD) Third Reading - Final Passage Court Rule YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Coghill, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Excused: Davis, Wagoner 2012-03-12 Senate Journal Page 1808 and so, CS FOR SENATE BILL NO. 135(JUD) passed the Senate. Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of House Bills HB 291 HOUSE BILL NO. 291 "An Act relating to the posting of notices at United States post offices; and providing for an effective date" was read the second time. Senator Meyer moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 291 was read the third time. The question being: "Shall HOUSE BILL NO. 291 "An Act relating to the posting of notices at United States post offices; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 291 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Coghill, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Excused: Davis, Wagoner and so, HOUSE BILL NO. 291 passed the Senate. Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. 2012-03-12 Senate Journal Page 1809 Citations Honoring - Chief James R. Inman on his Retirement from the United States Air Force Senator(s) French, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Melvin Glenn Coghill Representative(s) Edgmon Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Meyer moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business SB 153 Senators McGuire, Menard, Meyer moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 153 "An Act relating to a gas storage facility; relating to the tax credit for a gas storage facility; relating to the powers and duties of the Alaska Oil and Gas Conservation Commission; relating to the regulation of natural gas storage as a utility; relating to the powers and duties of the director of the division of lands and to lease fees for a gas storage facility on state land; and providing for an effective date." Without objection, it was so ordered. Announcements Senator Egan, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived to add a presentation on "How Equality Policies Work to Strengthen Economies and the Labor Force" for the Labor and Commerce Committee meeting at 1:30 p.m. on March 15. Without objection, it was so ordered. Announcements are at the end of the journal. 2012-03-12 Senate Journal Page 1810 Engrossment SB 135 CS FOR SENATE BILL NO. 135(JUD) "An Act relating to the rights of crime victims; relating to the duties of prosecuting attorneys; and amending Rule 45, Alaska Rules of Criminal Procedure" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 14, 2012. Without objection, the Senate adjourned at 2:33 p.m. Kirsten Waid Secretary of the Senate 2012-03-12 Senate Journal Page 1811 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 COMMUNITY & REGIONAL AFFAIRS Mar 13 Tuesday Beltz 105 (tsbldg) 4:00 PM -- Please Note Time Change -- + Bills Previously Heard/Scheduled Mar 15 Thursday Beltz 105 (tsbldg) 3:30 PM + SB 223 TAX CRED: CONTR. TO HOMELESS SHELT/DETOX + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Mar 12 Monday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Mar 14 Wednesday Beltz 105 (tsbldg) 8:00 AM += SB 197 GRANT PROGRAM FOR SCHOOLS + HCR 18 COMMERCIAL FISHERIES PROGRAMS + Bills Previously Heard/Scheduled Mar 16 Friday Beltz 105 (tsbldg) 8:00 AM + Confirmation Hearings - Professional Teaching Practices Commission UA Board of Regents ---------------------------------------- 2012-03-12 Senate Journal Page 1812 FINANCE Mar 12 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 13 Tuesday Senate Finance 532 9:00 AM += HB 307 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS + SB 192 OIL AND GAS PRODUCTION TAX RATES Introduction by Senator Paskvan + Bills Previously Heard/Scheduled Mar 13 Tuesday Senate Finance 532 1:00 PM += SB 160 BUDGET: CAPITAL Agency Overviews: University of Alaska Alaska Housing Finance Corporation Department of Public Safety + Bills Previously Heard/Scheduled Mar 14 Wednesday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentation by the Department of Revenue + Bills Previously Heard/Scheduled Mar 14 Wednesday Senate Finance 532 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Bills Previously Heard/Scheduled Mar 15 Thursday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentation by PFC Energy + Bills Previously Heard/Scheduled Mar 15 Thursday Senate Finance 532 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Bills Previously Heard/Scheduled Mar 16 Friday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentations by Industry + Bills Previously Heard/Scheduled Mar 16 Friday Senate Finance 532 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Bills Previously Heard/Scheduled 2012-03-12 Senate Journal Page 1813 HEALTH & SOCIAL SERVICES Mar 12 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 14 Wednesday Beltz 105 (tsbldg) 1:30 PM + Governor Appointments: Board of Marital & Family Therapy: Rev. John Downing - Eagle River State Medical Board: Camille Carlson - Fairbanks; Dr. Elizabeth Kohnen - Fairbanks; Dr. David Miller - Juneau; Dr. David Powers - Dillingham Alaska Mental Health Trust Authority Board of Trustees: Larry Norene - Eagle River Board of Certified Direct-Entry Midwives: Cheryl Corrick - Fairbanks Board of Nursing: Rochelle Lehrer - Fairbanks; Denise Valentine - Anchorage Occupational Safety & Health Review Board: James Montgomery, Jr. - Kenai; Timothy Sharp - Fairbanks Board of Examiners in Optometry: Dr. Forrest Messerschmidt - Juneau Board of Pharmacy: John Cotter - Fairbanks; Lori DeVito - Soldotna; Christopher Kim - Anchorage; Theodore Mala, Jr. - Anchorage State Physical Therapy & Occupational Therapy Board: David Carey - Anchorage; Kathleen Lind - Anchorage; James Parietti - Chugiak Board of Professional Counselors: Lillian Mitchell - Anchorage Board of Psychologist & Psychological Associate Examiners: Al Levy - Anchorage; Christian Muntean - Anchorage; Joel Wieman - Anchorage Board of Social Work Examiners: Marilyn Kerr - Anchorage Mar 16 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2012-03-12 Senate Journal Page 1814 JUDICIARY Mar 12 Monday Beltz 105 (tsbldg) 12:30 PM + SB 151 FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR + SB 180 NATURALLY OCCURRING ASBESTOS IN GRAVEL + Bills Previously Heard/Scheduled Mar 14 Wednesday Butrovich 205 1:30 PM + Confirmation Hearing: Michael Geraghty - Anchorage State of Alaska Attorney General -- Testimony <Invitation Only> -- Mar 16 Friday Beltz 105 (tsbldg) 1:30 PM += HB 80 SELF DEFENSE += SB 200 EYEWITNESSES AND LINEUPS Work Session: += SB 110 HUMAN TRAFFICKING/SEX OFFENSES += SB 186 SENTENCING/PROBATION/MENTALLY ILL += SB 210 CRIMES AGAINST CHILDREN += SB 212 HUMAN TRAFFICKING TASK FORCE += SB 218 SEX CRIMES; TESTIMONY BY VIDEO CONFERENCE + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 13 Tuesday Beltz 105 (tsbldg) 1:30 PM + SB 28 PRICE GOUGING INVOLVING ENERGY RESOURCES += HB 168 INJUNCTION SECURITY: INDUSTRIAL OPERATION Bills Previously Heard/Scheduled += SB 217 PHARMACY AUDITS Mar 15 Thursday Beltz 105 (tsbldg) 1:30 PM + Special Presentation: "How Equality Policies Work to Strengthen Economies and the Labor Force." Uniform Rule 23 Waived + HB 267 REAL ESTATE SALES LICENSEES/COM'N Bills Previously Heard/Scheduled += SB 116 WORKERS' COMP.: COLL BARGAINING/MEDIATION ---------------------------------------- 2012-03-12 Senate Journal Page 1815 RESOURCES Mar 12 Monday Butrovich 205 3:30 PM + SB 123 ALASKA MINING DAY + SB 159 SUSITNA STATE FOREST + SB 181 CLOSING CERTAIN LAND TO MINERAL ENTRY + SB 205 CHINOOK RESEARCH & RESTORATION ENDOWMENT Bills Previously Heard/Scheduled = SB 153 NATURAL GAS STORAGE TAX CREDIT/REGULATION <Public Testimony> Mar 14 Wednesday Butrovich 205 3:30 PM Bills Previously Heard/Scheduled += SB 123 ALASKA MINING DAY += SB 159 SUSITNA STATE FOREST += SB 181 CLOSING CERTAIN LAND TO MINERAL ENTRY += SB 205 CHINOOK RESEARCH & RESTORATION ENDOWMENT Mar 16 Friday Butrovich 205 3:30 PM Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 13 Tuesday Butrovich 205 9:00 AM += SB 208 DISASTER PLANNING AND SERVICES += SB 29 TAX EXPENDITURE REPORT Bills Previously Heard/Scheduled Mar 15 Thursday Butrovich 205 9:00 AM += SB 117 PFD ALLOWABLE ABSENCE: MILITARY += SB 178 ALASKA OPERATING ENDOWMENT FUND Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 13 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Mar 15 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- 2012-03-12 Senate Journal Page 1816 FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Mar 20 Tuesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- CORRECTIONS Mar 13 Tuesday Butrovich 205 5:00 PM Review Select Facility Issues - Update on Goose Creek Correctional Complex Progress - Update on Fairbanks & Bethel Facility Expansion Projects - Review Community Jails Funding and Funding Allocation Review Inmate Health Care Cost Management Strategies Mar 20 Tuesday Butrovich 205 5:00 PM Review Rehabilitation and Reentry Program Funding ---------------------------------------- COURT SYSTEM Mar 15 Thursday Fahrenkamp 203 5:00 PM + FY13 Budget Request Mar 22 Thursday Fahrenkamp 203 5:00 PM + Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 13 Tuesday Fahrenkamp 203 3:30 PM + FY13 Budget Request Mar 20 Tuesday Fahrenkamp 203 3:30 PM + Closeout ---------------------------------------- 2012-03-12 Senate Journal Page 1817 ENVIRONMENTAL CONSERVATION Mar 13 Tuesday Fahrenkamp 203 12:00 PM -- MEETING CANCELED -- + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- FISH & GAME Mar 16 Friday Beltz 105 (tsbldg) 8:00 AM + FY 13 Budget Pre-Closeout -- Testimony <Invitation Only> -- Mar 20 Tuesday Beltz 105 (tsbldg) 8:00 AM + FY 13 Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- GOVERNOR Mar 21 Wednesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 16 Friday Beltz 105 (tsbldg) 3:30 PM + FY13 Budget Pre-Closeout -- Testimony <Invitation Only> -- Mar 20 Tuesday Beltz 105 (tsbldg) 3:30 PM + FY13 Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 22 Thursday Butrovich 205 3:00 PM DOLWD Budget - Department Addresses Additional Questions and Overview of House Budget Actions ---------------------------------------- 2012-03-12 Senate Journal Page 1818 LEGISLATURE Mar 21 Wednesday Senate Finance 532 3:15 PM Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 15 Thursday Fahrenkamp 203 12:00 PM -- MEETING CANCELED -- + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- NATURAL RESOURCES Mar 22 Thursday Butrovich 205 11:00 AM DNR Budget - Department Addresses Committee Questions; Overview of House Budget Actions ---------------------------------------- PUBLIC SAFETY Mar 15 Thursday Beltz 105 (tsbldg) 8:00 AM + Pre-Close-Out and Question/Answer Session -- Testimony <Invitation Only> -- Mar 22 Thursday Beltz 105 (tsbldg) 8:00 AM + Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 15 Thursday Senate Finance 532 8:00 AM -- Revised Schedule -- Budget Overview: Dept. of Transportation Mar 19 Monday Senate Finance 532 8:00 AM -- Revised Schedule -- Budget Detail 2012-03-12 Senate Journal Page 1819 TRANSPORTATION & PUBLIC FACILITIES (continued) Mar 22 Thursday Senate Finance 532 8:00 AM -- Revised Schedule -- Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 22 Thursday Senate Finance 532 9:00 AM Closeout ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 13 Tuesday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- + Proposed Changes in the Regulations of the Board of Marine Pilots: 12 AAC 56.115 - Pleasure Craft Exemptions 7AAC 70.110 - Additional Requirements for Providing Alcohol and Drug Detoxification Services ---------------------------------------- ALASKA NORTHERN WATERS TASK FORCE Mar 16 Friday Fahrenkamp 203 4:00 PM Alaska Bush Caucus & the Northern Water Task Force Present: The Upcoming Arctic U.S. Arctic Research Commission, Chair, Fran Ulmer, Arctic Research U.S. Coast Guard, Arctic Summer Operations 2012 ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 28 Wednesday House Finance 519 8:00 AM Audits - Executive Session Other Committee Business ---------------------------------------- 2012-03-12 Senate Journal Page 1820 LEGISLATIVE COUNCIL Mar 22 Thursday House Finance 519 5:00 PM Agenda to be Announced ---------------------------------------- OMBUDSMAN SELECTION COMMITTEE Mar 13 Tuesday H Conf Rm 102 Tsb 1:00 PM Executive Session Legislative Ombudsman Selection ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 13 Tuesday Anch Lio Rm 210 9:00 AM Senate Subcommittee Meeting + Public Comment Executive Session - to discuss matters which by law must remain confidential. Public Session ---------------------------------------- OTHER MEETINGS BUSH CAUCUS Mar 16 Friday Fahrenkamp 203 4:00 PM Alaska Bush Caucus & the Northern Water Task Force Present: The Upcoming Arctic U.S. Arctic Research Commission, Chair, Fran Ulmer, Arctic Research U.S. Coast Guard, Arctic Summer Operations 2012 ---------------------------------------- JOINT IN-STATE GAS CAUCUS Mar 13 Tuesday House Finance 519 5:30 PM In-State Gasline Development Corp Overview by Dan Fauske and Joe Dubler ---------------------------------------- 2012-03-12 Senate Journal Page 1821 MISCELLANEOUS MEETING Mar 16 Friday Terry Miller Gym 11:30 AM Women's History Month Luncheon - Recognizing Alaska Women Legislators Sponsored by Sen. Davis Mar 17 Saturday Barnes 124 10:00 AM Continued Discussion of Taku River Fisheries Work Session on Final Report Sponsored by the Juneau Legislative Delegation: Sen. Egan and Reps. Kerttula and Munoz