Legislature(2011 - 2012)
2012-04-13 Senate Journal
Full Journal pdf2012-04-13 Senate Journal Page 2223 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday April 13, 2012 Eighty-eighth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:01 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator McGuire. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Prayer for Self Love Today, Creator of the Universe, we ask that you help us to accept ourselves just the way we are, without judgment. Help us to accept our mind the way it is, with all our emotions, our hopes and dreams, our personality, our unique way of being. Help us to accept our body just the way it is, with all its beauty and perfection. Let the love we have for ourselves be so strong that we never again reject ourselves or sabotage our happiness, freedom, and love. From now on, let every action, every reaction, every thought, every emotion, be based on love. Help us, Creator, to increase our self-love until the entire dream of our life is transformed, from fear and drama to love and joy. Let the power of our self-love be strong enough to break all the lies we were programmed to believe - all the lies that tell us we are not good enough, or strong enough, or intelligent 2012-04-13 Senate Journal Page 2224 enough, that we cannot make it. Let the power of our self-love be so strong that we no longer need to live our life according to other people's opinions. Let us trust ourselves completely to make the choices we must make. With our self-love, we are no longer afraid to face any responsibility in our life or face any problems and resolve them as they arise. Whatever we want to accomplish, let it be done with the power of our self-love. Starting today, help us to love ourselves so much that we never set up any circumstances that go against us. We can live our life being ourselves and not pretending to be someone else just to be accepted by other people. We no longer need other people to accept us or tell us how good we are because we know what we are. With the power of our self-love, let us enjoy what we see every time we look in the mirror. Let there be a big smile on our face that enhances our inner and outer beauty. Help us to feel such intense self-love that we always enjoy our own presence. Let us love ourselves without judgment, because when we judge, we carry blame and guilt, we have the need for punishment, and we lose the perspective of your love. Strengthen our will to forgive ourselves in this moment. Clean our minds of emotional poison and self-judgments so we can live in complete peace and love. Let our self-love be the power that changes the dream of our life. With this new power in our hearts, the power of self-love, let us transform every relationship we have, beginning with the relationship we have with ourselves. Help us to be free of any conflict with others. Let us be happy to share our time with our loved ones and to forgive them for any injustice we feel in our mind. Help us to love ourselves so much that we forgive anyone who has ever hurt us in our life. 2012-04-13 Senate Journal Page 2225 Give us the courage to love our family and friends unconditionally, and to change our relationships in the most positive and loving way. Help us to create new channels of communication in our relationships so there is no war of control, there is no winner or loser. Together let us work as a team for love, for joy, for harmony. Let our relationships with our family and friends be based on respect and joy so we no longer have the need to tell them how to think or how to be. Let our romantic relationship be the most wonderful relationship; let us feel joy every time we share ourselves with our partner. Help us to accept others just the way they are, without judgment, because when we reject them, we reject ourselves. When we reject ourselves, we reject you. Today is a new beginning. Help us to start our life over beginning today with the power of self-love. Help us to enjoy our life, to enjoy our relationships, to explore life, to take risks, to be alive, and to no longer live in fear of love. Let us open our heart to the love that is our birthright. Help us to become masters of gratitude, generosity, and love so that we can enjoy all of your creations forever and ever. Amen. Senator Ellis led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journal for the eighty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2012-04-13 Senate Journal Page 2226 Standing Committee Reports SB 121 The Finance Committee considered SENATE BILL NO. 121 "An Act relating to the public employees' retirement system and the teachers' retirement system; and providing for an effective date" and recommended the adoption of the State Affairs Committee Substitute offered on page 1531. Signing no recommendation: Senator Hoffman, Cochair. Signing amend: Senator Stedman, Cochair. Signing do pass: Senators Thomas, Egan, McGuire. The following fiscal information was published today: Fiscal Note No. 3, Department of Administration Fiscal Note No. 4, indeterminate, Department of Administration The following previously published fiscal information applies: Fiscal Note No. 2, Department of Revenue The bill was referred to the Rules Committee. HB 21 The Finance Committee considered CS FOR HOUSE BILL NO. 21(FIN) "An Act relating to the membership of the Statewide Suicide Prevention Council." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. The following fiscal information was published today: Fiscal Note No. 2, Department of Health and Social Services The bill was referred to the Rules Committee. HB 50 The Judiciary Committee considered CS FOR HOUSE BILL NO. 50(JUD) "An Act relating to the purchase of alcoholic beverages at a club and to access by certain persons under 21 years of age to a club's licensed premises when alcoholic beverages are present." Signing do pass: Senator French, Chair; Senators Coghill, Wielechowski, Paskvan. 2012-04-13 Senate Journal Page 2227 The following previously published fiscal information applies: Fiscal Note No. 2, zero, House Judiciary Committee The bill was referred to the Rules Committee. HB 60 The Finance Committee considered HOUSE BILL NO. 60 "An Act relating to aquatic farm permitting involving geoducks and to geoduck seed transfers between certified hatcheries and aquatic farms." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. The following previously published fiscal information applies: Fiscal Note No. 3, zero, Department of Fish and Game Fiscal Note No. 4, zero, Department of Natural Resources The bill was referred to the Rules Committee. HB 78 The Finance Committee considered CS FOR HOUSE BILL NO. 78(FIN) "An Act establishing a loan repayment program and employment incentive program for certain health care professionals employed in the state; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire. The following previously published fiscal information applies: Fiscal Note No. 3, zero, Department of Education and Early Development Fiscal Note No. 4, Department of Health and Social Services The bill was referred to the Rules Committee HB 115 The Finance Committee considered CS FOR HOUSE BILL NO. 115(TRA) "An Act designating a portion of Minnesota Drive and a portion of O'Malley Road in Anchorage the Walter J. Hickel Expressway." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire. 2012-04-13 Senate Journal Page 2228 The following previously published fiscal information applies: Fiscal Note No. 2, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. HB 131 The Finance Committee considered CS FOR HOUSE BILL NO. 131(TRA) am "An Act establishing the Alaska Community and Public Transportation Advisory Board and relating to a long-range community and public transportation plan; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 131(FIN) Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire. The following previously published fiscal information applies: Fiscal Note No. 3, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. HB 234 The Judiciary Committee considered HOUSE BILL NO. 234 "An Act relating to picketing or protests at a funeral" and recommended the adoption of the State Affairs Senate Committee Substitute offered on page 2162. Signing do pass: Senator French, Chair; Senators Coghill, Wielechowski, Paskvan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Rules Committee. HB 246 The Finance Committee considered CS FOR HOUSE BILL NO. 246(FIN) "An Act naming certain bridges and airports" and recommended it be replaced with 2012-04-13 Senate Journal Page 2229 SENATE CS FOR CS FOR HOUSE BILL NO. 246(FIN) "An Act naming a certain bypass road and certain bridges and airports." (Title change SCR 33) Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. The following fiscal information was published today: Fiscal Note No. 3, Department of Transportation and Public Facilities Fiscal Note No. 4, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. HB 255 The Judiciary Committee considered CS FOR HOUSE BILL NO. 255(JUD) "An Act relating to screen devices in motor vehicles; prohibiting the driver of a motor vehicle from reading or typing a text message or other nonvoice message or communication on a cellular telephone, computer, or personal data assistant while driving a motor vehicle; and providing for an effective date." Signing do pass: Senator French, Chair; Senators Coghill, Wielechowski, Paskvan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Alaska Court System Fiscal Note No. 6, zero, House Finance Committee Fiscal Note No. 7, zero, Department of Law The bill was referred to the Rules Committee. HB 258 The Finance Committee considered CS FOR HOUSE BILL NO. 258(FIN) "An Act directing the Department of Transportation and Public Facilities to develop and implement standards and operating procedures, to evaluate site-specific use plans, and to designate project areas concerning gravel or other aggregate material containing 2012-04-13 Senate Journal Page 2230 naturally occurring asbestos; authorizing use on an interim basis of gravel or other aggregate material containing naturally occurring asbestos for certain transportation projects and public facilities; providing immunity for the state and for landowners, extractors, suppliers, transporters, and contractors for certain actions or claims arising in connection with the use of gravel or aggregate material containing naturally occurring asbestos in certain areas; requiring contractors to report certain asbestos-related data to the Department of Transportation and Public Facilities; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 258(FIN) and further recommended the adoption of the following Letter of Intent/Legislative Findings: Letter of Intent/Legislative Findings and Purpose The Legislature finds that (1) gravel or similar aggregate material is constantly in demand for major construction and maintenance of state and local transportation projects and public facilities and for all types of construction by public and private entities; (2) naturally occurring asbestos may be found in sources of gravel and similar aggregate material throughout the state; (3) while airborne asbestos fibers are a significant threat to workplace safety and public health and are subject to close regulation by federal and state authorities under U.S.C. 7401 - 7671q (Clean Air Act) and 15 U.S.C. 2601 - 2692 (Toxic Substances Control Act), use of materials containing naturally occurring asbestos in construction projects may be regulated by states; 2012-04-13 Senate Journal Page 2231 (4) in communities that do not have sources of gravel or similar aggregate material that is free of naturally occurring asbestos, costs of construction are substantially increased because of the necessity of locating alternative sources of gravel or similar aggregate material and transporting that material to distant construction and maintenance sites; and (5) a recent study suggests that, with careful use and close adherence to appropriate control strategies, state and local transportation projects and public facilities may be safely completed using sources of gravel or similar aggregate material that contains naturally occurring asbestos; the study recommends that the Department of Transportation and Public Facilities establish standards and operating procedures through a statewide process that will apply to the use of gravel and aggregate material that contains asbestos by the department and by any public or private entity. It is the purpose of this Act (1) to authorize and direct the Department of Transportation and Public Facilities to develop, implement, and, as circumstances may require or indicate, modify standards and operating procedures to allow the use in the construction and maintenance of transportation projects and public facilities in certain areas of the state of gravel or aggregate material that contains naturally occurring asbestos, with the expectation that use of that material in a manner that is consistent with those standards and procedures may avoid significant risk to human health and eliminate significantly higher costs of construction and maintenance of projects and facilities associated with using only construction material that is free of asbestos; 2012-04-13 Senate Journal Page 2232 (2) to establish that a person that uses gravel that contains naturally occurring asbestos in certain areas of the state may prepare specific project plans that conform to requirements of this Act and the department's standards and operating procedures; and (3) to shield persons and the state, including its agencies, officers, and employees, under certain conditions, from liability based on exposure to naturally occurring asbestos. (4) This Act creates a voluntary program in certain areas of the state and provides civil immunity for the use of gravel or other aggregate material that contains naturally occurring asbestos for contractors meeting the requirements of the program; nothing in this Act mandates a contractor to submit a site-specific plan or to adhere to the requirements of a plan approved by the department. (5) Because neither the state nor the federal government has established a scale assigning a specific risk level to a corresponding amount of naturally occurring asbestos, this Act accepts 0.25 percent by mass, the minimum detectable amount of asbestos under the California Air Resources Board Method 435, as the baseline for the presence of naturally occurring asbestos in gravel or other aggregate material. Health risks resulting from asbestos exposure vary according to the level, type, and duration of exposure. While exposure to very small concentrations of asbestos may pose some health risk, there is not a practical way to prevent all exposure to asbestos for residents in close proximity to deposits that contain naturally occurring asbestos. The intent of this act is to establish a sensible analytical threshold for detection of naturally occurring asbestos in gravel or other aggregate material and to establish appropriate exceptions for the use of gravel or other aggregate material that 2012-04-13 Senate Journal Page 2233 contains naturally occurring asbestos for certain public facilities and transportation projects involving unusual circumstances, including projects in remote locations or in regions where gravel or other aggregate material free from naturally occurring asbestos is not reasonably available. Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Labor and Workforce Development Fiscal Note No. 3, Department of Health and Social Services Fiscal Note No. 4, zero, Department of Law Fiscal Note No. 5, zero, Department of Natural Resources Fiscal Note No. 6, Department of Environmental Conservation Fiscal Note No. 7, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. HB 296 The Judiciary Committee considered CS FOR HOUSE BILL NO. 296(JUD) "An Act relating to service of process on prisoners; relating to the crime of escape; deleting the repeal of a provision relating to electronic monitoring as a special condition of probation and parole for offenders whose offense was related to a criminal street gang; amending Rule 4, Alaska Rules of Civil Procedure; and providing for an effective date." Signing no recommendation: Senator French, Chair; Senator Paskvan. Signing do pass: Senator Wielechowski. The following fiscal information was published today: Fiscal Note No. 5, zero, Department of Administration The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 4, zero, Department of Law 2012-04-13 Senate Journal Page 2234 The bill was referred to the Rules Committee. HB 298 The Finance Committee considered CS FOR HOUSE BILL NO. 298(FIN) "An Act exempting quarry rock, sand and gravel, and marketable earth mining operations from the mining license tax; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Natural Resources Fiscal Note No. 3, Department of Revenue The bill was referred to the Rules Committee HB 302 The Finance Committee considered CS FOR HOUSE BILL NO. 302(FIN) am "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." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, Ellis. Signing no recommendation: Senator McGuire. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Rules Committee. HB 314 The Community and Regional Affairs Committee considered HOUSE BILL NO. 314 "An Act extending the time period for which the Alaska Railroad Corporation may lease land without reserving the right to terminate the lease; and providing for an effective date." Signing do pass: Senator Olson, Chair; Senators Menard, Ellis. 2012-04-13 Senate Journal Page 2235 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, zero, Department of Natural Resources The bill was referred to the Rules Committee. HB 343 The Judiciary Committee considered CS FOR HOUSE BILL NO. 343(JUD) am "An Act relating to disclosure of records of the Department of Health and Social Services pertaining to children in certain circumstances; and providing for an effective date." Signing do pass: Senator French, Chair; Senators Coghill, Paskvan. Signing no recommendation: Senator Wielechowski. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Administration Fiscal Note No. 3, zero, Department of Health and Social Services The bill was referred to the Rules Committee. HB 360 The Finance Committee considered HOUSE BILL NO. 360 "An Act enacting the Interstate Mining Compact and relating to the compact; relating to the Interstate Mining Commission; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. The following previously published fiscal information applies: Fiscal Note No. 2, House Finance Committee The bill was referred to the Rules Committee. HB 366 The Finance Committee considered HOUSE BILL NO. 366 "An Act establishing an Alaska intrastate mutual aid system and relating to the duties of the Alaska division of homeland security and emergency management and the duties of the Alaska State Emergency Response Commission." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Thomas, Egan, McGuire, Ellis. 2012-04-13 Senate Journal Page 2236 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Military and Veterans' Affairs The bill was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 33 SENATE CONCURRENT RESOLUTION NO. 33 BY THE SENATE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 246, naming certain bridges and airports. was read the first time and held on the Secretary's desk. Consideration of the Calendar Second Reading of House Bills HB 169 HOUSE BILL NO. 169 "An Act relating to the review of proposed regulations by the Legislative Affairs Agency; and providing for an effective date" was read the second time. Senator Meyer moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 169 was read the third time. The question being: "Shall HOUSE BILL NO. 169 "An Act relating to the review of proposed regulations by the Legislative Affairs Agency; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2012-04-13 Senate Journal Page 2237 HB 169 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, HOUSE BILL NO. 169 passed the Senate. Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 216 CS FOR HOUSE BILL NO. 216(FIN) "An Act relating to fiscal notes for bills directing or resulting in the adoption, amendment, or repeal of regulations, and to the notice required for the proposed adoption, amendment, or repeal of a regulation; and providing for an effective date" was read the second time. Senator Wielechowski, Chair, moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 2147. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 216(STA) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 216(STA) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 216(STA) "An Act relating to fiscal notes for bills directing or resulting in the adoption, amendment, or repeal of regulations, and to the notice required for the proposed adoption, amendment, or repeal of a regulation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2012-04-13 Senate Journal Page 2238 SCS CSHB 216(STA) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Olson, Stedman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 216(STA) 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. HB 224 CS FOR HOUSE BILL NO. 224(FIN) am "An Act prohibiting the sale or gift of a product containing nicotine to a minor under certain conditions" was read the second time. Senator Meyer moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 224(FIN) am was read the third time. Senators Meyer, Paskvan, Menard, Ellis, Egan, Davis, McGuire, Thomas, Wagoner, French moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 224(FIN) am "An Act prohibiting the sale or gift of a product containing nicotine to a minor under certain conditions" pass the Senate?" The roll was taken with the following result: 2012-04-13 Senate Journal Page 2239 CSHB 224(FIN) am Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman and so, CS FOR HOUSE BILL NO. 224(FIN) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 247 HOUSE BILL NO. 247 "An Act establishing July 30 each year as Alaska National Guard Day" was read the second time. Senator Meyer moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 247 was read the third time. Senators Meyer, Ellis, Egan, Paskvan, Menard, Davis, McGuire, Thomas, Coghill, Olson, Kookesh, French, Wielechowski, Wagoner, Dyson, Stevens moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall HOUSE BILL NO. 247 "An Act establishing July 30 each year as Alaska National Guard Day" pass the Senate?" The roll was taken with the following result: HB 247 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman 2012-04-13 Senate Journal Page 2240 and so, HOUSE BILL NO. 247 passed the Senate, was signed by the President and Secretary and returned to the House. HB 267 2d CS FOR HOUSE BILL NO. 267(JUD) "An Act relating to the Real Estate Commission; relating to temporary permits issued by the Real Estate Commission; relating to licensed assistants who are employed by other real estate licensees; relating to contributions by a real estate licensee to a charitable organization; and providing for an effective date" was read the second time. Senator Meyer moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2d CS FOR HOUSE BILL NO. 267(JUD) was read the third time. Senator French moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator French was required to vote. The question being: "Shall 2d CS FOR HOUSE BILL NO. 267(JUD) "An Act relating to the Real Estate Commission; relating to temporary permits issued by the Real Estate Commission; relating to licensed assistants who are employed by other real estate licensees; relating to contributions by a real estate licensee to a charitable organization; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2d CSHB 267(JUD) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, 2d CS FOR HOUSE BILL NO. 267(JUD) passed the Senate. 2012-04-13 Senate Journal Page 2241 Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 316 HOUSE BILL NO. 316 "An Act relating to military facility zones in the state; relating to the development of housing in military facility zones; relating to the financing of projects in military facility zones; and providing for an effective date" was read the second time. Senator Wielechowski offered Amendment No. 1 : Page 2, line 21: Delete "commerce and economic development" Insert "the Department of Commerce, Community and Economic Development" Senator Wielechowski moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 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. HOUSE BILL NO. 316 am S was read the third time. The question being: "Shall HOUSE BILL NO. 316 am S "An Act relating to military facility zones in the state; relating to the development of housing in military facility zones; relating to the financing of projects in military facility zones; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 316 am S Third Reading - Final Passage Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski 2012-04-13 Senate Journal Page 2242 and so, HOUSE BILL NO. 316 am S 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Don Winchester and Steve Nerland, Alaska Sports Hall of Fame 2012 Inductees Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Stoltze Honoring - Kenai Central High School Football Team, 2011 All-State Champions Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Honoring - Debbie Falk 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 - Paula Brink-Hart on the Occasion of Her Retirement Representative(s) Guttenberg Senator(s) Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Wagoner, Wielechowski Honoring - Alaska School Activities Association, High School Hall of Fame Class of 2012 Representative(s) Pruitt, Stoltze Senator(s) Davis, Huggins, Stevens, Coghill, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2012-04-13 Senate Journal Page 2243 Honoring - Teresa Sibolboro 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 - Sally Tachick Representative(s) Chenault, Olson Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Honoring - Katherine Dolma, Girl Scout Gold Award Recipient Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Irene Sparks Rowan, 2012 Alaska Women's Hall of Fame Inductee Representative(s) Thomas Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Dr. Rosita Worl, 2012 Alaska Women's Hall of Fame Inductee Representative(s) Thomas Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Shirley Johnston Senator(s) Coghill, Stevens, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Matilda Mae "Tillie" Christiansen Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Herron 2012-04-13 Senate Journal Page 2244 In Memoriam - Melvin Dean Wick Senator(s) Menard, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Phyllis Sundberg Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman In Memoriam - The Reverend Stephen Matthew Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Dick In Memoriam - Helga Irene Wilm Representative(s) Kawasaki, Miller Senator(s) Paskvan, Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Stedman, Wagoner, Wielechowski In Memoriam - The Honorable Judge Hugh H. Connelly Representative(s) Kawasaki Senator(s) Paskvan, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Marilyn Ann Sieminski Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Edith Jean Parsons Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2012-04-13 Senate Journal Page 2245 In Memoriam - Clifford LaRoy Calkins Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Kimberly Jean Schaeffer "Siqu" Representative(s) Joule Senator(s) Olson, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Kenneth Ray Lester Representative(s) Austerman Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, 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 298 Senators McGuire, Dyson, French, Wielechowski, Wagoner, Meyer, Paskvan, Egan, Stedman, Thomas moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 298(FIN) "An Act exempting quarry rock, sand and gravel, and marketable earth mining operations from the mining license tax; and providing for an effective date." Without objection, it was so ordered. HB 60 Senators McGuire, Stedman, Egan, Menard, Ellis, Wagoner, Stevens moved and asked unanimous consent to be shown as cross sponsors on HOUSE BILL NO. 60 "An Act relating to aquatic farm permitting involving geoducks and to geoduck seed transfers between certified hatcheries and aquatic farms." Without objection, it was so ordered. 2012-04-13 Senate Journal Page 2246 HB 131 Senators McGuire, Thomas moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 131(TRA) am "An Act establishing the Alaska Community and Public Transportation Advisory Board and relating to a long-range community and public transportation plan; and providing for an effective date." Without objection, it was so ordered. HB 115 Senators McGuire, Wagoner, Olson, Davis, Stedman, Meyer, Thomas, Dyson, Stevens moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 115(TRA) "An Act designating a portion of Minnesota Drive and a portion of O'Malley Road in Anchorage the Walter J. Hickel Expressway." Without objection, it was so ordered. HB 78 Senators McGuire, Meyer, Menard, Davis, Thomas, Dyson, Giessel moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 78(FIN) "An Act establishing a loan repayment program and employment incentive program for certain health care professionals employed in the state; and providing for an effective date." Without objection, it was so ordered. HB 301 Senators Hoffman, Stedman, Egan, Menard, Olson, Wagoner, Dyson, Stevens moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 301(FIN) "An Act relating to enforcement of boating safety statutes; amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date." Without objection, it was so ordered. 2012-04-13 Senate Journal Page 2247 HCR 24 Senator Thomas moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(FIN) Relating to the establishment and operation of a state food resource development working group. Without objection, it was so ordered. HB 146 Senator Thomas moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 146(RES) "An Act authorizing the transfer of land from the State of Alaska and the Alaska Railroad Corporation to property owners along the Eielson Spur Line; and providing for an effective date." Without objection, it was so ordered. HB 80 Senator Thomas moved and asked unanimous consent to be shown as a cross sponsor on HOUSE BILL NO. 80 "An Act relating to self defense in any place where a person has a right to be." Without objection, it was so ordered. HB 190 Senators Thomas, Giessel, Meyer, Menard moved and asked unanimous consent to be shown as cross sponsors on CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190(FIN) "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." Without objection, it was so ordered. HB 246 Senators Thomas, Stedman moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 246(FIN) "An Act naming certain bridges and airports." Without objection, it was so ordered. 2012-04-13 Senate Journal Page 2248 HB 290 Senators Thomas, Menard, Davis moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 290(FIN) "An Act creating the endow Alaska grant program in the Department of Commerce, Community, and Economic Development to encourage community philanthropy." Without objection, it was so ordered. HB 302 Senator Thomas moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 302(FIN) am "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." Without objection, it was so ordered. HB 365 Senator Wagoner, Cochair, moved and asked unanimous consent that the Resources Committee referral be waived on CS FOR HOUSE BILL NO. 365(FIN) "An Act relating to the rapid response to, and control of, aquatic invasive species." Without objection, the bill was referred to the Finance Committee. Recess Senator Meyer moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:58 a.m. After Recess The Senate reconvened at 5:51 p.m. 2012-04-13 Senate Journal Page 2249 Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment HB 216 SENATE CS FOR CS FOR HOUSE BILL NO. 216(STA) "An Act relating to fiscal notes for bills directing or resulting in the adoption, amendment, or repeal of regulations, and to the notice required for the proposed adoption, amendment, or repeal of a regulation; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 316 HOUSE BILL NO. 316 am S "An Act relating to military facility zones in the state; relating to the development of housing in military facility zones; relating to the financing of projects in military facility zones; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 14, 2012. Without objection, the Senate adjourned at 5:52 p.m. Kirsten Waid Secretary of the Senate 2012-04-13 Senate Journal Page 2250 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 13 Friday Fahrenkamp 203 8:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled = HB 314 ALASKA RAILROAD LAND LEASES = HB 264 MUNI PROPERTY TAX DEFERRAL: SUBDIVISIONS Apr 14 Saturday Fahrenkamp 203 8:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Apr 13 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled ---------------------------------------- 2012-04-13 Senate Journal Page 2251 FINANCE Apr 13 Friday Senate Finance 532 9:00 AM + SB 217 PHARMACY AUDITS + HB 286 G.O. BONDS: TRANSPORTATION PROJECTS + HB 282 MILITARY TRAINING CREDIT/TEMP. LICENSE + HB 301 BOATING REGULATION: SUNSET/ENFORCEMENT + HB 204 STATE PROCUREMENT CODE + HB 205 PUBLIC PROCUREMENT + HB 252 SMALL BUSINESS INCOME TAX EXEMPTION + HB 276 OIL/GAS PROD. TAX CREDITS/RATES/VALUE + Bills Previously Heard/Scheduled += HB 21 SUICIDE PREVENTION COUNCIL MEMBERS += HB 60 GEODUCK AQUATIC FARMING/SEED TRANSFER += HB 78 INCENTIVES FOR CERTAIN MEDICAL PROVIDERS += HB 115 NAMING WALTER J. HICKEL EXPRESSWAY += HB 131 COMMUNITY AND TRANSPORTATION ADV. BOARD += HB 246 NAMING CERTAIN BRIDGES & AIRPORTS += HB 258 NATURALLY OCCURRING ASBESTOS += HB 298 EXEMPTIONS FROM MINING TAX += HB 302 CONTRIBUTIONS FROM PFD: UNIV/AUDITS += HB 360 INTERSTATE MINING COMPACT & COMMISSION += HB 366 DISASTER PLANNING AND SERVICES += HCR 23 ALASKA ARCTIC POLICY COMMISSION = SB 121 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS Apr 13 Friday Senate Finance 532 1:00 PM = SB 217 PHARMACY AUDITS = HB 282 MILITARY TRAINING CREDIT/TEMP. LICENSE = HB 301 BOATING REGULATION: SUNSET/ENFORCEMENT = HB 252 SMALL BUSINESS INCOME TAX EXEMPTION + Bills Previously Heard/Scheduled Apr 14 Saturday Senate Finance 532 9:00 AM HB 56 INCLUDE ARSON IN CRIMES OF CONSPIRACY HB 146 LAND TRANSFER FROM STATE AND ALASKA RR HB 279 EXTENDING CERTAIN BOARDS & COMMISSIONS HB 304 ALASKA FIRE STANDARDS COUNCIL HB 337 BD OF ARCHITECTS, ENGINEERS, SURVEYORS HB 365 AQUATIC INVASIVE SPECIES = HB 261 COMMERCIAL FISHING ENTRY PERMIT LOANS HB 196 BULK FUEL LOANS/POWER PROJECT FUND <Pending Referral> Bills Previously Heard/Scheduled 2012-04-13 Senate Journal Page 2252 FINANCE (continued) Apr 14 Saturday Senate Finance 532 1:00 PM Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 13 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Apr 13 Friday Beltz 105 (tsbldg) 8:00 AM --Delayed to Call of the Chair-- += SB 198 POLICE OFFICER PROTECTIONS/CERTIFICATION += HB 343 DISCLOSURE OF CHILDREN'S RECORDS + HB 234 PICKETING AND PROTESTS AT FUNERALS + HB 255 READING OR TYPING MESSAGE WHILE DRIVING + HB 50 ACCESS TO LICENSED PREMISES + HB 296 ESCAPE/SERVICE ON PRISONERS/MONITORING + Bills Previously Heard/Scheduled Apr 13 Friday Beltz 105 (tsbldg) 1:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 14 Saturday Fahrenkamp 203 9:00 AM --Delayed to Call of the Chair-- + Bills Previously Heard/Scheduled += HB 269 COMMON INTEREST COMMUNITIES ---------------------------------------- STATE AFFAIRS Apr 13 Friday Butrovich 205 9:00 AM --Delayed to Call of the Chair-- + HB 347 USE OF MUNICIPAL FUNDS FOR INITIATIVES + Bills Previously Heard/Scheduled 2012-04-13 Senate Journal Page 2253 STATE AFFAIRS (continued) Apr 14 Saturday Butrovich 205 9:00 AM += HB 347 USE OF MUNICIPAL FUNDS FOR INITIATIVES + Bills Previously Heard/Scheduled Apr 15 Sunday Butrovich 205 9:00 AM += HB 347 USE OF MUNICIPAL FUNDS FOR INITIATIVES + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL Apr 13 Friday Capitol 120 5:00 PM -- Meeting Postponed -- Anchorage Office Space ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB 284 & HB 285 Apr 13 Friday Senate Finance 532 3:00 PM += HB 284 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 285 APPROP: MENTAL HEALTH BUDGET Department of Administration Department of Commerce Community and Economic Development Department of Corrections Apr 14 Saturday Senate Finance 532 8:00 AM -- Meeting Postponed to Call of Chair -- = HB 284 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 285 APPROP: MENTAL HEALTH BUDGET