Legislature(2011 - 2012)

2012-03-21 Senate Journal

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2012-03-21                     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.                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                

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          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                                                                             

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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.                                                                               

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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                                                                                
                                                                                                                                
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