Legislature(2011 - 2012)
2012-03-21 Senate Journal
Full Journal pdf2012-03-21 Senate Journal Page 1897 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday March 21, 2012 Sixty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:02 a.m. The roll showed nineteen members present. Senator Huggins was absent. Senator Meyer moved and asked unanimous consent that Senator Huggins be excused from a call of the Senate today. Without objection, Senator Huggins was excused. The prayer was offered by the Chaplain, Bishop Donald J. Kettler of the Roman Catholic Diocese of Fairbanks. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty and eternal God, you have revealed your glory to all nations. God of power and might, wisdom and justice, through you authority is rightly administered, laws are enacted and judgment decreed. Assist with your spirit of counsel, wisdom and courage so that this body will serve the common good in truth. May it encourage due respect for virtue and justice. May it seek to provide peace and may it restrain vice, crime and immorality. 2012-03-21 Senate Journal Page 1898 Let the light of your divine wisdom direct the deliberations of this Senate and may it shine forth in all the proceedings and laws framed for the State of Alaska. May these proceedings and laws continue to bring to the people the blessings of liberty and equality. I likewise commend to your unbounded mercy all the citizens of the State of Alaska. May they be blessed in the observance of your divine law. May we all be preserved in union and that peace which the world cannot give. I pray to you, who are Lord and God, forever and ever. Amen. Senator Kookesh led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the sixty-third and sixty-fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 30 Message was read stating the Governor signed the following bill on March 21 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 30(2d JUD) "An Act providing for the release of certain property in the custody of a law enforcement agency to a crime victim under certain conditions and relating to requests for that release by the office of victims' rights." Chapter 3, SLA 2012 Effective Date: 6/19/12 2012-03-21 Senate Journal Page 1899 HB 291 Message was read stating the Governor signed the following bill on March 21 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 291 "An Act relating to the posting of notices at United States post offices; and providing for an effective date." Chapter 4, SLA 2012 Effective Date: 3/22/12 SJR 17 Message dated March 19 was read stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE JOINT RESOLUTION NO. 17 Welcoming the Arctic Council Task Force for Arctic Marine Oil Pollution Preparedness and Response to the state for its March 2012 meeting and urging the task force to use its time in the state to inform and inspire the work of the task force. Legislative Resolve No. 29 Messages from the House Message dated March 19 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 26 CS FOR HOUSE JOINT RESOLUTION NO. 26(RES) am BY THE HOUSE RESOURCES COMMITTEE, 2012-03-21 Senate Journal Page 1900 Urging federal agencies to work with the Alaska Department of Fish and Game, Southeast Alaska Native leaders, and other interested parties to establish strategies and plans for the sustainable management of the reintroduced sea otter population of Southeast Alaska. was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 250 CS FOR HOUSE BILL NO. 250(ENE) BY THE HOUSE SPECIAL COMMITTEE ON ENERGY, entitled: "An Act relating to the renewable energy grant fund and recommendation program; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 302 CS FOR HOUSE BILL NO. 302(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act requiring each campus of the University of Alaska to apply to be included on the contribution list for contributions from permanent fund dividends; requiring a university to pay an application fee for each campus separately listed on the contribution list for contributions from permanent fund dividends; and repealing certain audit requirements for entities receiving contributions from permanent fund dividends." was read the first time and referred to the Finance Committee. HB 333 CS FOR HOUSE BILL NO. 333(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: 2012-03-21 Senate Journal Page 1901 "An Act relating to the disposition of certain unused campaign contributions; and relating to public office expense term accounts and public office expense term account reserves." was read the first time and referred to the State Affairs Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Court System 2011 Time-to-Disposition Reports Volume I and Volume II from Christine E. Johnson, Administrative Director, Alaska Court System in accordance with AS 22.20.310 Alaska Court System Travel for Justices, Judges, and Magistrates & Affidavit Information 2011 in accordance with AS 22.20.310 Report from the Commissioner of the Department of Administration dated March 16 was received stating the monetary terms for the collective bargaining agreement reached with the Public Employees Local 71 representing the Labor, Trades and Crafts bargaining unit in accordance with AS 23.40.215. The President referred the report to the Finance Committee. Report from the Commissioner of the Department of Administration dated March 16 was received stating the monetary terms for the collective bargaining agreement reached with the Teachers Education Association of Mount Edgecumbe in accordance with AS 23.40.215. The President referred the report to the Finance Committee. 2012-03-21 Senate Journal Page 1902 Standing Committee Reports SB 159 The Resources Committee considered SENATE BILL NO. 159 "An Act establishing the Susitna State Forest; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 159(RES) "An Act establishing the Susitna State Forest; urging the Governor to acquire forest land that is currently in the Tongass National Forest; and providing for an effective date." Signing do pass: Senators Wagoner, Paskvan, Cochairs; Senator McGuire. Signing no recommendation: Senators French, Wielechowski, Stevens. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Natural Resources The bill was referred to the Finance Committee. HB 168 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 168(JUD) "An Act requiring the amount of the security given by a party seeking an injunction or order vacating or staying the operation of a permit affecting an industrial operation to include an amount for the payment of wages and benefits for employees and payments to contractors and subcontractors that may be lost if the industrial operation is wrongfully enjoined." Signing no recommendation: Senator Egan, Chair; Senators Davis, Paskvan. Signing do pass: Senators Giessel, Menard. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Environmental Conservation Fiscal Note No. 2, zero, Department of Fish and Game Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, zero, Department of Natural Resources The bill was referred to the Judiciary Committee. 2012-03-21 Senate Journal Page 1903 HB 246 The Transportation Committee considered CS FOR HOUSE BILL NO. 246(FIN) "An Act naming certain bridges and airports." Signing do pass: Senator Kookesh, Chair; Senators Thomas, Menard. The following previously published fiscal information applies: Fiscal Note No. 2, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. HB 271 The Transportation Committee considered CS FOR HOUSE BILL NO. 271(TRA) am "An Act relating to commercial motor vehicle requirements." Signing do pass: Senator Kookesh, Chair; Senators Thomas, Menard, Huggins. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the State Affairs Committee. HJR 29 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 29 Urging the United States Department of the Interior, Bureau of Land Management, to plug legacy wells properly and to reclaim the legacy well sites as soon as possible in order to protect the environment in the Arctic region, and recommended it be replaced with SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RES) Urging the United States Department of the Interior, Bureau of Land Management, to plug legacy wells properly and to reclaim the legacy well sites as soon as possible in order to protect the environment in the Arctic region; and requesting the Office of the Governor to increase nationwide awareness about legacy wells and well sites. (Title change SCR forthcoming) 2012-03-21 Senate Journal Page 1904 Signing do pass: Senators Wagoner, Paskvan, Cochairs; Senators French, Wielechowski. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. Consideration of the Calendar Second Reading of Senate Resolutions SJR 13 SENATE JOINT RESOLUTION NO. 13 Urging the United States Congress and the President of the United States to work to amend the Constitution of the United States to prohibit corporations, unions, and individuals from making unlimited independent expenditures supporting or opposing candidates for public office, was read the second time. Senator Meyer moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 13 was read the third time. The question being: "Shall SENATE JOINT RESOLUTION NO. 13 Urging the United States Congress and the President of the United States to work to amend the Constitution of the United States to prohibit corporations, unions, and individuals from making unlimited independent expenditures supporting or opposing candidates for public office, pass the Senate?" The roll was taken with the following result: SJR 13 Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Egan, Ellis, French, Hoffman, Kookesh, Meyer, Olson, Paskvan, Stevens, Thomas, Wielechowski Nays: Coghill, Dyson, Giessel, McGuire, Menard, Stedman, Wagoner Excused: Huggins 2012-03-21 Senate Journal Page 1905 and so, SENATE JOINT RESOLUTION NO. 13 passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Nikiski High School Football Team, 2011 Small Schools State Champions Representative(s) Chenault Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Honoring - Dan Gavora, UAF 2012 Business Leader of the Year Representative(s) Kawasaki Senator(s) Paskvan, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, 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 HB 333 Senator Menard moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 333(STA) "An Act relating to the disposition of certain unused campaign contributions; and relating to public office expense term accounts and public office expense term account reserves." Without objection, it was so ordered. HB 234 Senator Menard moved and asked unanimous consent to be shown as a cross sponsor on HOUSE BILL NO. 234 "An Act relating to picketing or protests at a funeral." Without objection, it was so ordered. HB 281 Senator Menard moved and asked unanimous consent to be shown as a cross sponsor on HOUSE BILL NO. 281 "An Act establishing March 30 of each year as Welcome Home Vietnam Veterans Day." Without objection, it was so ordered. 2012-03-21 Senate Journal Page 1906 SB 159 Senators Egan, McGuire, Stedman, Stevens moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 159 "An Act establishing the Susitna State Forest; and providing for an effective date." Without objection, it was so ordered. Senator Wagoner moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 22 through evening plane time, March 24. Without objection, Senator Wagoner was excused. Announcements Announcements are at the end of the journal. Engrossment SJR 13 SENATE JOINT RESOLUTION NO. 13 Urging the United States Congress and the President of the United States to work to amend the Constitution of the United States to prohibit corporations, unions, and individuals from making unlimited independent expenditures supporting or opposing candidates for public office, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 173 SENATE BILL NO. 173 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; 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 11:09 a.m., March 20, 2012. 2012-03-21 Senate Journal Page 1907 Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 23, 2012. Without objection, the Senate adjourned at 12:14 p.m. Kirsten Waid Secretary of the Senate 2012-03-21 Senate Journal Page 1908 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.