Legislature(2011 - 2012)

2012-04-09 Senate Journal

Full Journal pdf

2012-04-09                     Senate Journal                      Page 2129
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-SEVENTH LEGISLATURE                                                                         
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                     Monday                       April 9, 2012                                                 
                                                                                                                                
                              Eighty-fourth Day                                                                              
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 11:04 a.m.                                                                                                           
                                                                                                                                
The roll showed nineteen members present. Senator Huggins was                                                                   
absent.                                                                                                                         
                                                                                                                                
Senator Coghill 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, Senator Giessel. Senator                                                                
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
             Our Father, Lord, in heaven, may your holy name                                                                    
             be honored today.                                                                                                  
                                                                                                                                
             May your perfect plan become real on earth just as                                                                 
             it exists in heaven.                                                                                               
                                                                                                                                
             I ask that you fill us today with our daily need for                                                               
             your wisdom.                                                                                                       
                                                                                                                                
             Forgive us, Lord, for the many ways we have                                                                        
             wronged you, just as we are learning to give up                                                                    
             resentments and forgive those who have wronged                                                                     
             us.                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2130
             Preserve us when we are faced with the heart-                                                                      
             rending challenges and testings of life, and when                                                                  
              we are tested, Lord, help us resist wrong choices.                                                               
                                                                                                                                
             For to you is the honor as the true sovereign ruler,                                                               
             with all the power and all the glory forever.                                                                      
                                                                                    Amen.                                       
                                                                                                                                
Senator Coghill led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journals                                                               
for the eighty-second and eighty-third legislative days be approved as                                                          
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 250                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 250(ENE) "An Act relating to the renewable energy grant fund                                                                
and recommendation program; and providing for an effective date"                                                                
and recommended it be replaced with                                                                                             
                                                                                                                                
                       SENATE CS FOR CS FOR HOUSE BILL                                                                         
          NO. 250(FIN)                                                                                                          
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Thomas, Egan, McGuire, Ellis. Signing no recommendation: Senator                                                                
Olson.                                                                                                                          
                                                                                                                                
The following previously published fiscal information applies:                                                                  
           Fiscal Note No. 2, Department of Commerce, Community and                                                            
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2131
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 100                                                                                                                        
SENATE BILL NO. 100 "An Act relating to employer contributions                                                                  
to the Public Employees' Retirement System of Alaska; relating to                                                               
requirements that employers who terminate some or all participation in                                                          
the Public Employees' Retirement System of Alaska pay termination                                                               
costs; and making the changes retroactive" was read the second time.                                                            
                                                                                                                                
The following fiscal information was published today by the Rules                                                               
Committee:                                                                                                                      
 Fiscal Note No. 3, indeterminate, Department of Administration                                                                 
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page                                                                
2037. Without objection, CS FOR SENATE BILL NO. 100(FIN) 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. 100(FIN) was read the third time.                                                                        
                                                                                                                                
Senators Hoffman, Davis, Thomas, Stedman, Ellis, Kookesh, Olson,                                                                
Wagoner, 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. 100(FIN)                                                                      
"An Act relating to employer contributions to the Public Employees'                                                             
Retirement System of Alaska; relating to requirements that employers                                                            
who terminate some or all participation in the Public Employees'                                                                
Retirement System of Alaska pay termination costs; and making the                                                               
changes retroactive" pass the Senate?" The roll was taken with the                                                              
following result:                                                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2132
CSSB 100(FIN)                                                                                                                   
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman,                                                            
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Excused:  Huggins                                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 100(FIN) passed the Senate and                                                                   
was referred to the Secretary for engrossment.                                                                                  
                                                                                                                                
SB 203                                                                                                                        
SENATE BILL NO. 203 "An Act establishing an energy assistance                                                                   
program in the Department of Revenue to issue an energy voucher to                                                              
Alaska permanent fund dividend recipients; and relating to the                                                                  
analysis and recommendation of an energy assistance program by the                                                              
governor" was read the second time.                                                                                             
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page                                                                
2079. Without objection, CS FOR SENATE BILL NO. 203(FIN) "An                                                                    
Act establishing an energy assistance program in the Alaska Housing                                                             
Finance Corporation to issue an energy voucher to Alaska permanent                                                              
fund dividend recipients; relating to the analysis and recommendation                                                           
of an energy assistance program by the governor; and providing for an                                                           
effective date" 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. 203(FIN) was read the third time.                                                                        
                                                                                                                                
Senators Menard, Davis, Stevens moved and asked unanimous consent                                                               
to be shown as cosponsors on the bill. Without objection, it was so                                                             
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2133
The question being: "Shall CS FOR SENATE BILL NO. 203(FIN)                                                                      
"An Act establishing an energy assistance program in the Alaska                                                                 
Housing Finance Corporation to issue an energy voucher to Alaska                                                                
permanent fund dividend recipients; relating to the analysis and                                                                
recommendation of an energy assistance program by the governor; and                                                             
providing for an effective date" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
CSSB 203(FIN)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Dyson, Egan, Ellis, French, Hoffman, Kookesh, Menard,                                                             
Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski                                                                 
                                                                                                                                
Nays:  Coghill, Giessel, McGuire, Meyer                                                                                         
                                                                                                                                
Excused:  Huggins                                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 203(FIN) 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 referred                                                          
to the Secretary for engrossment.                                                                                               
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Joyce Hines                                                                                                          
Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                           
Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer,                                                                     
Olson, Paskvan, Stedman, Thomas, Wagoner                                                                                        
Representative(s) Gruenberg                                                                                                     
                                                                                                                                
In Memoriam - Dr. Melbourne Walder Henry                                                                                        
Senator(s) Davis, Stevens, Coghill, Dyson, Egan, Ellis, Giessel,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2134
In Memoriam - Gerald McDonnell                                                                                                  
Senator(s) Davis, Stevens, Coghill, Dyson, Egan, Ellis, Giessel,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
In Memoriam - Louis Joseph Bonito                                                                                               
Senator(s) Davis, Ellis, Stevens, Coghill, Dyson, Egan, French,                                                                 
Giessel, Hoffman, 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                                                                             
                                                                                                                                
                                                                                                                                
HB 168                                                                                                                        
Senator Meyer moved and asked unanimous consent to be shown as a                                                                
cross sponsor on 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." Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2135
                                 Engrossment                                                                                 
                                                                                                                                
SB 100                                                                                                                        
CS FOR SENATE BILL NO. 100(FIN) "An Act relating to employer                                                                    
contributions to the Public Employees' Retirement System of Alaska;                                                             
relating to requirements that employers who terminate some or all                                                               
participation in the Public Employees' Retirement System of Alaska                                                              
pay termination costs; and making the changes retroactive" was                                                                  
engrossed, signed by the President and Secretary and transmitted to                                                             
the House for consideration.                                                                                                    
                                                                                                                                
SB 203                                                                                                                        
CS FOR SENATE BILL NO. 203(FIN) "An Act establishing an                                                                         
energy assistance program in the Alaska Housing Finance Corporation                                                             
to issue an energy voucher to Alaska permanent fund dividend                                                                    
recipients; relating to the analysis and recommendation of an energy                                                            
assistance program by the governor; and providing for an effective                                                              
date" 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 10:45 a.m., April 10, 2012. Without                                                                  
objection, the Senate adjourned at 11:59 a.m.                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2136
                                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                                                                        
                                                                                                                                
Apr 10        Tuesday                     Beltz 105 (tsbldg)          3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 12        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Apr 09        Monday                      Beltz 105 (tsbldg)          8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Apr 11        Wednesday                   Beltz 105 (tsbldg)          8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Apr 13        Friday                      Beltz 105 (tsbldg)          8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 09        Monday                    Senate Finance 532            9:00 AM                                                 
+ HB 298 EXEMPTIONS FROM MINING TAX                                                                                             
+ HCR 23 ALASKA ARCTIC POLICY COMMISSION                                                                                        
              <Above Item Removed from Agenda>                                                                                  
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2137
                             FINANCE (continued)                                                                             
                                                                                                                                
Apr 09        Monday                    Senate Finance 532            1:00 PM                                                 
+ SB 163 G.O. BONDS FOR PORTS                                                                                                   
+             Bills Previously Heard/Scheduled                                                                                  
= SB 192 OIL AND GAS PRODUCTION TAX RATES                                                                                       
                                                                                                                                
Apr 10        Tuesday                   Senate Finance 532            9:00 AM                                                 
+ HB 131 COMMUNITY AND TRANSPORTATION ADV. BOARD                                                                                
+ HB 246 NAMING CERTAIN BRIDGES                                                                                                 
+ HB 258 NATURALLY OCCURRING ASBESTOS                                                                                           
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 10        Tuesday                   Senate Finance 532            1:00 PM                                                 
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 09        Monday                          Butrovich 205           1:30 PM                                                 
+ HB 310 STATE IMMUNIZATION PROGRAM                                                                                             
+ HB 218 PRESCRIPTION DRUG SPECIALTY TIERS                                                                                      
+             Confirmation of Governor's Appointment                                                                            
              Board of Certified Direct-Entry Midwives                                                                          
              Deborah Schneider - Wasilla                                                                                       
+             Presentation - Hawaii-Alaska Health Information                                                                   
              Management System Society: Bill Sorrells,                                                                         
              Chapter President                                                                                                 
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 11        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Apr 13        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2138
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 09        Monday                      Beltz 105 (tsbldg)          1:30 PM                                                 
= HB 229 BIG GAME COMMERCIAL SERVICES BOARD                                                                                     
= HB 274 UNFAIR TRADE PRACTICES                                                                                                 
+ HB 224 SALES OF NICOTINE PRODUCTS TO MINOR                                                                                    
+ HB  55 KNIVES, GRAVITY KNIFE & SWITCHBLADE                                                                                    
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 11        Wednesday                   Beltz 105 (tsbldg)          1:30 PM                                                 
+ HB 343 DISCLOSURE OF CHILDREN'S RECORDS                                                                                       
+ HB 168 INJUNCTION SECURITY: INDUSTRIAL OPERATION                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Apr 10        Tuesday                     Beltz 105 (tsbldg)          1:30 PM                                                 
+= SB 166 LABORATORY SCIENCE PROFESSIONAL LICENSING                                                                             
+ HB  50 ACCESS TO LICENSED PREMISES                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
+= HB 252 SMALL BUSINESS INCOME TAX EXEMPTION                                                                                   
+= HB 301 BOATING REGULATION: SUNSET/ENFORCEMENT                                                                                
+= SB 128 BREWERY LICENSES/PERMITS                                                                                              
                                                                                                                                
Apr 12        Thursday                    Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Apr 09        Monday                          Butrovich 205           3:30 PM                                                 
+             Board of Fisheries Confirmation Hearings                                                                          
              -- Public Testimony --                                                                                            
              Bills Previously Heard/Scheduled                                                                                  
= HJR 26 SEA OTTER MANAGEMENT                                                                                                   
= HB 118 RESEARCH AND DEVELOPMENT TAX CREDIT                                                                                    
              -- Public Testimony --                                                                                            
= SB 207 SPORT FISH LICENSE EXEMPTION                                                                                           
= SB 209 DEVELOPMENT PLANS FOR OIL & GAS LEASES                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2139
                            RESOURCES (continued)                                                                            
                                                                                                                                
Apr 10        Tuesday                         Butrovich 205           3:30 PM                                                 
              -- Please Note Day Change --                                                                                      
+ HCR 24 STATE FOOD RESOURCE DEVELOPMENT GROUP                                                                                  
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Apr 10        Tuesday                         Butrovich 205           9:00 AM                                                 
+= SB 206 INTERSTATE MINING COMPACT & COMMISSION                                                                                
+= HB 169 LAA REVIEW OF PROPOSED REGULATIONS                                                                                    
+= HB 216 REGULATIONS: INFORMATIVE SUMMARY/BILLS                                                                                
+= HB 304 ALASKA FIRE STANDARDS COUNCIL                                                                                         
+ HB 333 CAMPAIGN CONTRIBUTIONS/POET ACCTS                                                                                      
+ HB 345 WAIVE CDL SKILL TEST FOR CERTAIN VETERANS                                                                              
+= HB 234 PICKETING AND PROTESTS AT FUNERALS                                                                                    
+ HCR 28 SEXUAL ASSAULT AWARENESS MONTH                                                                                         
+ HB  64 PERM. MOT. VEH. REGISTRATION/TRAILERS                                                                                  
+ HB 281 WELCOME HOME VIETNAM VETERANS DAY                                                                                      
+ HB 247 ALASKA NATIONAL GUARD DAY                                                                                              
+= HB 271 COMMERCIAL MOTOR VEHICLE REQUIREMENTS                                                                                 
+= HB 316 MILITARY FACILITY ZONES                                                                                               
+ HB 190 PFD ALLOWABLE ABSENCE                                                                                                  
              <Pending Referral>                                                                                                
+= HB   3 REQUIREMENTS FOR DRIVER'S LICENSE                                                                                     
+ HB   8 FEDERAL REGULATIONS & EXECUTIVE ORDERS                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 12        Thursday                        Butrovich 205           9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Apr 10        Tuesday                         Butrovich 205           1:00 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Apr 12        Thursday                        Butrovich 205           1:00 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                

2012-04-09                     Senate Journal                      Page 2140
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Apr 10        Tuesday                      House Chamber            11:00 AM                                                  
              Confirmation of Ombudsman, Victims' Advocate, and                                                                 
              Governor's Appointments