Legislature(2013 - 2014)

2013-01-18 Senate Journal

Full Journal pdf

2013-01-18                     Senate Journal                      Page 0051
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-EIGHTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                      Friday                 January 18, 2013                                                   
                                                                                                                                
                                  Fourth Day                                                                                 
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Huggins at 10:01 a.m.                                                                                                           
                                                                                                                                
The roll showed seventeen members present. Senators French,                                                                     
Hoffman, Stedman were excused from a call of the Senate.                                                                        
                                                                                                                                
The prayer was offered by the Chaplain, Reverend Nancy Campbell of                                                              
the Gospel Outreach Christian Center. Senator Coghill moved and                                                                 
asked unanimous consent that the prayer be spread. Without objection,                                                           
it was so ordered.                                                                                                              
                                                                                                                                
          Dear Heavenly Father,                                                                                                 
                                                                                                                                
          As the Senate wraps up their first week today, give                                                                   
          them the strategy they need to move forward in this                                                                   
          legislative session. Grant them rest over the weekend,                                                                
          traveling mercies for those going home and peace for                                                                  
          them and their families.                                                                                              
                                                                                                                                
           I pray all things that need to be accomplished this day                                                             
             would come to pass. Bless their session now as they                                                               
          meet together.                                                                                                        
                                                                                                                                
                      I pray in Jesus' name.      Amen.                                                                        
                                                                                                                                
Senator Coghill led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0052
                                Certification                                                                                
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the journals                                                             
for the second and third legislative days and House and Senate Joint                                                            
Journal Supplement No. 1 be approved as certified by the Secretary.                                                             
Without objection, it was so ordered.                                                                                           
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated January 18 was read stating:                                                                                      
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-eighth Alaska Legislature at 11:00 a.m. on                                                                
Wednesday, February 13, 2013 for the purpose of hearing Chief                                                                   
Justice Dana Fabe address the Legislature on the State of the Judiciary.                                                        
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
Message dated January 18 was read stating:                                                                                      
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-eighth Alaska Legislature at 11:00 a.m. on                                                                
Thursday, February 21, 2013 for the purpose of hearing Senator                                                                  
Murkowski's annual address to the Legislature.                                                                                  
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
Message dated January 18 was read stating:                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0053
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-eighth Alaska Legislature at 11:00 a.m. on                                                                
Monday, March 4, 2013 for the purpose of hearing Senator Begich's                                                               
annual address to the Legislature.                                                                                              
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
Memo dated January 16 was read stating:                                                                                         
                                                                                                                                
     At its December 14, 2012 meeting, the Alaska Legislative                                                                   
     Celebration Commission elected Senator Gary Stevens as                                                                     
     Chair of the Commission, and changed its name to the                                                                       
     "Alaska Legislative Centennial Commission," both of                                                                      
     which actions are within the purview of the Commission.                                                                    
                                                                                                                                
The memo was signed by Senator Stevens, Chair, Alaska Legislative                                                               
Centennial Commission.                                                                                                          
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Investment Earnings Report for the Alaska Marine Highway System                                                                 
Fund and the Alaska Marine Highway System Vessel Replacement                                                                    
Fund                                                                                                                            
from Bryan Butcher, Commissioner, Department of Revenue                                                                         
in accordance with AS 19.65.070(c) and AS 37.05.550(c)                                                                          
                                                                                                                                
Parks and Recreational Areas Incompatible Use Report and                                                                        
Status of Land in the Land Disposal Bank Report                                                                                 
from Daniel S. Sullivan, Commissioner                                                                                           
Department of Natural Resources                                                                                                 
in accordance with AS 41.21.020(a)(14) and AS 38.04.020(d)                                                                      
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0054
The following Budget and Audit Reports were received from Kris                                                                  
Curtis, Legislative Auditor, in accordance with AS 24.20.311 and are                                                            
on file in the Office of the Secretary of the Senate:                                                                           
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                      
and Department of Revenue                                                                                                       
Alaska Film Production Tax Incentive Program                                                                                    
Select Performance Issues, August 8, 2012                                                                                       
                                                                                                                                
Department of Education and Early Development and Department of                                                                 
Health and Social Services                                                                                                      
Special Education Service Agency, Sunset Review, June 22, 2012                                                                  
                                                                                                                                
Alaska Court System                                                                                                             
Board of Governors of the Alaska Bar Association                                                                                
Sunset Review, July 11, 2012                                                                                                    
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                      
Board of Public Accountancy, Sunset Review, June 1, 2012                                                                        
                                                                                                                                
Department of Commerce, Community and Economic Development                                                                      
State Medical Board, Sunset Review, September 18, 2012                                                                          
                                                                                                                                
Condensed 2012 Annual Report from the Legislative Budget & Audit                                                                
Committee                                                                                                                       
                                                                                                                                
Unabridged 2012 Annual Report from the Legislative Budget & Audit                                                               
Committee                                                                                                                       
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 22                                                                                                                         
Corrected fiscal notes from the Office of the Governor for SENATE                                                               
BILL NO. 22 "An Act relating to the commencement of actions for                                                                 
felony sex trafficking and felony human trafficking; relating to the                                                            
crime of sexual assault; relating to the crime of unlawful contact;                                                             
relating to forfeiture for certain crimes involving prostitution; relating                                                      
to the time in which to commence certain prosecutions; relating to                                                              
release for violation of a condition of release in connection with a                                                            

2013-01-18                     Senate Journal                      Page 0055
crime involving domestic violence; relating to interception of private                                                          
communications for certain sex trafficking or human trafficking                                                                 
offenses; relating to use of evidence of sexual conduct concerning                                                              
victims of certain crimes; relating to procedures for granting immunity                                                         
to a witness in a criminal proceeding; relating to consideration at                                                             
sentencing of the effect of a crime on the victim; relating to the time to                                                      
make an application for credit for time served in detention in a                                                                
treatment program or while in other custody; relating to suspending                                                             
imposition of sentence for sex trafficking; relating to consecutive                                                             
sentences for convictions of certain crimes involving child                                                                     
pornography or indecent materials to minors; relating to the referral of                                                        
sexual felonies to a three-judge panel; relating to the definition of                                                           
'sexual felony' for sentencing and probation for conviction of certain                                                          
crimes; relating to the definition of "sex offense" regarding sex                                                               
offender registration; relating to protective orders for stalking and                                                           
sexual assault and for a crime involving domestic violence; relating to                                                         
the definition of 'victim counseling centers' for disclosure of certain                                                         
communications concerning sexual assault or domestic violence;                                                                  
relating to violent crimes compensation; relating to certain information                                                        
in retention election of judges concerning sentencing of persons                                                                
convicted of felonies; relating to remission of sentences for certain                                                           
sexual felony offenders; relating to the subpoena power of the attorney                                                         
general in cases involving the use of an Internet service account;                                                              
relating to reasonable efforts in child-in-need-of-aid cases involving                                                          
sexual abuse or sex offender registration; relating to mandatory                                                                
reporting by athletic coaches of child abuse or neglect; making                                                                 
conforming amendments; amending Rules 16, 32.1(b)(1), and 32.2(a),                                                              
Alaska Rules of Criminal Procedure, Rule 404(b), Alaska Rules of                                                                
Evidence, and Rule 216, Alaska Rules of Appellate Procedure; and                                                                
providing for an effective date" published January 17:                                                                          
 Fiscal Note No. 5, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 6, indeterminate, Department of Administration                                                                 
                                                                                                                                
The bill is in the Judiciary Committee.                                                                                         
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 24                                                                                                                         
SENATE BILL NO. 24 BY SENATOR STEVENS, entitled:                                                                                
                                                                                                                                

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          "An Act relating to the Alaska Marine Transportation                                                                  
          Advisory Board."                                                                                                      
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
SB 25                                                                                                                         
SENATE BILL NO. 25 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to electronic filing of certain                                                                      
          information with the Department of Labor and                                                                          
          Workforce Development; relating to surcharges, rate                                                                   
          increase reduction, prohibition on the relief of certain                                                              
          charges, the unemployment trust fund account, and                                                                     
          the offset of certain unemployment compensation                                                                       
          debt under the Alaska Employment Security Act;                                                                        
          relating to the definition of 'covered unemployment                                                                   
          compensation debt' in the Alaska Employment                                                                           
          Security Act; and providing for an effective date."                                                                   
                                                                                                                                
was read the first time and referred to the Labor and Commerce and                                                              
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Labor and Workforce                                                                           
  Development                                                                                                                   
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                                                     
  Development                                                                                                                   
                                                                                                                                
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
Dear President Huggins,                                                                                                         
                                                                                                                                
To keep our state strong, we are working for small business growth.                                                             
One way to grow Alaskan opportunity is to assure that Alaskans and                                                              
business owners in our state do not have to pay more to State                                                                   
government in unemployment insurance taxes than necessary. I am                                                                 
submitting legislation to accomplish that goal. Under the authority of                                                          
Article III, Section 18 of the Alaska Constitution, I am transmitting a                                                         

2013-01-18                     Senate Journal                      Page 0057
bill relating to the unemployment trust fund account that will meet                                                             
federal compliance requirements, ensure that the unemployment                                                                   
insurance (UI) fund remains solvent, and minimize the burden for                                                                
employers and employees.                                                                                                        
                                                                                                                                
Alaska law currently provides for automatic increases in                                                                        
unemployment insurance contributions from Alaskan workers and                                                                   
business owners, even when Alaska's unemployment insurance fund is                                                              
solvent without the increase. This legislation prevents overtaxing for                                                          
UI contributions while safeguarding the solvency of the fund. It gives                                                          
the Commissioner of the Department of Labor and Workforce                                                                       
Development (DOLWD) the authority to eliminate or reduce increases                                                              
in unemployment insurance tax rates when appropriate, based on                                                                  
standards to ensure the actuarial soundness of the unemployment trust                                                           
fund.                                                                                                                           
                                                                                                                                
Additionally, the bill allows for greater efficiencies by giving                                                                
DOLWD the authority to permit electronic filing. It also provides that                                                          
the department may offset covered unemployment compensation debt                                                                
against a claimant's federal income tax refund and clarifies                                                                    
participation in the federal treasury offset program.                                                                           
                                                                                                                                
This simple reform will allow Alaska's small and mid-sized businesses                                                           
to grow and create more jobs for the prosperity of all Alaskans.                                                                
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
SB 26                                                                                                                         
SENATE BILL NO. 26 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to the Alaska Land Act, including                                                                    
          certain authorizations, contracts, leases, permits, or                                                                
          other disposals of state land, resources, property, or                                                                
          interests; relating to authorization for the use of state                                                             

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          land by general permit; relating to exchange of state                                                                 
          land; relating to procedures for certain administrative                                                               
          appeals and requests for reconsideration to the                                                                       
          commissioner of natural resources; relating to the                                                                    
          Alaska Water Use Act; and providing for an effective                                                                  
          date."                                                                                                                
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Natural Resources                                                                       
 Fiscal Note No. 2, zero, Department of Fish and Game                                                                           
                                                                                                                                
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
Dear President Huggins,                                                                                                         
                                                                                                                                
Alaskans deserve more timely, consistent permitting decisions, and the                                                          
bill I transmit today is designed to better accomplish those ends. Under                                                        
the authority of Article III, Section 18 of the Alaska Constitution, I am                                                       
transmitting a bill relating to the Alaska Land Act, including certain                                                          
authorizations, contracts, leases, permits, or other disposals of State                                                         
land, resources, property, or interests; relating to authorization for the                                                      
use of State land by general permit; relating to exchange of State land;                                                        
relating to procedures for certain administrative appeals and requests                                                          
for reconsideration to the Commissioner of Department of Natural                                                                
Resources; and relating to the Alaska Water Use Act.                                                                            
                                                                                                                                
The permitting functions of State government necessarily balance                                                                
protecting the environment with utilization to provide the economic                                                             
means for Alaskans to sustain themselves. This legislation encourages                                                           
responsible development of our State land and water resources. An                                                               
efficient permitting process with clear rules contributes to Alaskan                                                            
economic growth and creates more Alaskan business opportunities.                                                                
                                                                                                                                
The bill reforms and streamlines procedures for obtaining, issuing, and                                                         
appealing permits, leases, best interest findings, and other                                                                    
authorizations issued by the Department of Natural Resources (DNR),                                                             
particularly concerning land and water. Below is a list of key                                                                  
provisions of the bill.                                                                                                         
                                                                                                                                

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Except for the surface coal program, in order to retain primacy, the bill                                                       
explicitly authorizes the Commissioner of the Department of Natural                                                             
Resources to allow an activity on State land through the issuance of a                                                          
general permit if the commissioner finds that the activity is unlikely to                                                       
cause significant and irreparable harm to State land or resources.                                                              
Providing explicit authority for the issuance of a general permit                                                               
streamlines the permitting process for activities on State land by                                                              
clearly making it unnecessary for each individual to receive a separate                                                         
permit for the allowed activity.                                                                                                
                                                                                                                                
The bill reforms the current land exchange statutes to simplify the                                                             
procedure for DNR to authorize land exchanges.                                                                                  
                                                                                                                                
It modifies the procedures for appeals from DNR decisions, clarifying                                                           
who has standing to appeal and providing for a more streamlined                                                                 
appeals process. The bill would modify the Alaska Water Use Act to                                                              
improve administration of the act.                                                                                              
                                                                                                                                
In addition to these changes, the bill modifies and clarifies public                                                            
notice and comment procedures for certain best interest finding                                                                 
decisions and small changes that otherwise streamline existing                                                                  
procedures of DNR.                                                                                                              
                                                                                                                                
The bill is consistent with the State's ongoing efforts to streamline                                                           
permitting requirements for the public to use and enjoy Alaska's land                                                           
and resources.                                                                                                                  
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
SB 27                                                                                                                         
SENATE BILL NO. 27 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act establishing authority for the state to                                                                       
          evaluate and seek primacy for administering the                                                                       
          regulatory program for dredge and fill activities                                                                     

2013-01-18                     Senate Journal                      Page 0060
              allowed to individual states under federal law and                                                               
               relating to the authority; and providing for an                                                                 
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Environmental Conservation                                                                    
 Fiscal Note No. 2, Department of Natural Resources                                                                             
 Fiscal Note No. 3, zero, Department of Law                                                                                     
                                                                                                                                
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
Dear President Huggins,                                                                                                         
                                                                                                                                
Alaskans have the right to have a say over regulation of our own                                                                
resources including land and water. To that end, I am transmitting a                                                            
bill under the authority of Article III, Section 18 of the Alaska                                                               
Constitution, authorizing the State of Alaska to assume primacy for                                                             
administering permitting under the Clean Water Act for dredge and fill                                                          
activities allowed to individual states under federal law. The current                                                          
federal process has resulted in a large number of projects in Alaska                                                            
being subject to an expensive and bureaucratic federal permitting                                                               
system and litigation, delaying and restricting opportunities for                                                               
Alaskans.                                                                                                                       
                                                                                                                                
The purpose of this legislation is to provide State authority to develop                                                        
and implement State primacy of dredge and fill activities in waters and                                                         
wetlands located within the state, in accordance with the regulating                                                            
program allowed states under 33 U.S.C. 1344 (Section 404, Clean                                                                 
Water Act). This change will limit federal overreach in Alaska by                                                               
giving the State authority to make jurisdictional determinations, timely                                                        
process permits, and allow responsible resource development.                                                                    
Removing a significant amount of wetlands from federal authority also                                                           
reduces the number of projects requiring an expensive and time-                                                                 
consuming federal National Environmental Policy Act (NEPA)                                                                      
process, since there would be fewer "major federal actions" associated                                                          
with these projects.                                                                                                            
                                                                                                                                

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There are millions of water bodies and tens of millions of acres of                                                             
wetlands in Alaska. State primacy of dredge and fill activities under 33                                                        
U.S.C. 1344 is consistent with congressional intent under 33 U.S.C.                                                             
1251 that the states have the primary responsibilities and rights in                                                            
regulating activities involving lands and waters within their                                                                   
boundaries.                                                                                                                     
                                                                                                                                
The legislation provides that the Department of Natural Resources, in                                                           
coordination with the Department of Environmental Conservation, will                                                            
take the reasonable steps to assume the authority to administer and                                                             
enforce any authorized dredge and fill permitting allowed under 33                                                              
U.S.C. 1344 (Section 404, Clean Water Act).                                                                                     
                                                                                                                                
Alaska should assume primacy for permitting projects in the state. I                                                            
urge your prompt and favorable action on this measure.                                                                          
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
SB 28                                                                                                                         
SENATE BILL NO. 28 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
            "An Act relating to the sale of timber on state land;                                                              
             establishing the Susitna State Forest; and providing                                                              
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Natural Resources                                                                       
                                                                                                                                
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0062
Dear President Huggins,                                                                                                         
                                                                                                                                
Under Article III, Section 18 of the Alaska Constitution, I am                                                                  
transmitting a bill relating to creating the Susitna State Forest and                                                           
relating to negotiated timber sales to meet local needs. The creation of                                                        
the Susitna State Forest will aid in development and increased access                                                           
to lands, and in turn, increase timber sales for small mills and                                                                
commercial firewood businesses. This legislation ensures the long-                                                              
term availability of timber supply to support commercial and personal                                                           
use, creating economic growth and job opportunities for Alaskan                                                                 
communities.                                                                                                                    
                                                                                                                                
The Governor's Administrative Order 258 established the Alaska                                                                  
Timber Jobs Task Force with federal, State, private industry, and                                                               
community members. The Alaska Timber Jobs Task Force was                                                                        
charged with reviewing and recommending actions related to                                                                      
management of State-owned forest land, establishment and expansion                                                              
of legislatively-designated State Forests, and State timber harvesting                                                          
statutes and regulations. In its report to the Governor, the Task Force                                                         
recommended the creation of the Susitna State Forest.                                                                           
                                                                                                                                
This bill establishes the Susitna State Forest in the Matanuska and                                                             
Susitna Valleys from suitable State land classified for forestry or                                                             
general use management by the State land use plans for the region -                                                             
the Susitna Matanuska Area Plan, the Southeast Susitna Area Plan,                                                               
and the Fish Creek Management Plan. These lands are currently                                                                   
managed by the Department of Natural Resources (DNR) for timber                                                                 
harvest and other multiple uses. The proposed Susitna State Forest                                                              
includes 33 parcels totaling approximately 763,200 acres in 14 large                                                            
management blocks, and would join the Haines State Forest (est.                                                                 
1982), the Tanana Valley State Forest (est. 1983), and the Southeast                                                            
State Forest (est. 2010) as part of the State Forest system established                                                         
under the Alaska Forest Resources and Practices Act (FRPA,                                                                      
AS 41.17).                                                                                                                      
                                                                                                                                
This legislation will also support the growing interest in biomass wood                                                         
energy projects in local communities, which require a long-term,                                                                
sustainable wood supply. Wood biomass can provide cheaper, locally                                                              
produced, and renewable energy. Additionally, the economic activity                                                             
associated with the biomass production will stimulate local economies                                                           

2013-01-18                     Senate Journal                      Page 0063
in communities throughout Alaska. This legislation expands                                                                      
conditions under which the State can offer negotiated timber sales to                                                           
encourage the use of these local energy sources.                                                                                
                                                                                                                                
This bill also addresses the Task Force's recommendation to expand                                                              
the conditions and increase the flexibility under which the State could                                                         
offer negotiated timber sales to meet local manufacturing needs. Under                                                          
the existing statutes, DNR may not offer negotiated timber sales larger                                                         
than 500,000 board feet unless the sale area has high unemployment,                                                             
underutilized manufacturing capacity, and an underutilized timber                                                               
supply that will lose value due to insects, disease, fire, or conversion                                                        
to non-forest uses. These criteria prohibit larger negotiated timber                                                            
sales in many areas of the state that are actively managed for forestry,                                                        
and where there is high demand for wood for timber products and                                                                 
biomass energy. This bill authorizes DNR to offer negotiated timber                                                             
sales statewide within the limits of the sustained yield supply, and                                                            
subject to a best interest finding.                                                                                             
                                                                                                                                
This legislation will make a meaningful difference to Alaska's                                                                  
economy. I urge your prompt and favorable action on this bill.                                                                  
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
SB 29                                                                                                                         
SENATE BILL NO. 29 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
               "An Act relating to the regulation of wastewater                                                                
             discharge from commercial passenger vessels in state                                                              
          waters; and providing for an effective date."                                                                         
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Environmental                                                                           
  Conservation                                                                                                                  
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0064
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
Dear President Huggins,                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to the regulation of                                                            
wastewater discharge from commercial passenger vessels in State                                                                 
waters in response to analysis and findings of the Cruise Ship Science                                                          
Advisory Panel (Science Panel) convened as directed by the                                                                      
Legislature in Chapter 53 SLA 09.                                                                                               
                                                                                                                                
This bill amends current law and allows the Department of                                                                       
Environmental Conservation (DEC) to permit operation of wastewater                                                              
discharges from commercial passenger vessels, including discharges                                                              
from advanced wastewater treatment systems, consistent with                                                                     
standards for other permitted discharges throughout the state. The bill                                                         
also amends current law to codify a reasonable schedule for the                                                                 
approval of plans for discharge from small commercial passenger                                                                 
vessels in State waters. No commercial passenger vessels may                                                                    
discharge wastewater in a manner that violates any applicable State or                                                          
federal law governing the disposal or discharge of solid or liquid waste                                                        
material.                                                                                                                       
                                                                                                                                
By way of background, the Science Panel was charged with examining                                                              
(1) the methods of pollution, prevention, control, and treatment in use                                                         
by commercial passenger vessels; (2) identifying additional                                                                     
economically feasible methods of pollution that could be employed to                                                            
provide the most technologically effective measures to control all                                                              
wastes; and (3) the environmental benefit and cost of implementing                                                              
additional methods of pollution, prevention, control, and treatment                                                             
identified.                                                                                                                     
                                                                                                                                
The Science Panel completed its analysis in accordance with law and                                                             
submitted its findings to DEC. The Science Panel found, and DEC                                                                 
concurred, that the advanced wastewater treatment systems (AWTS)                                                                
installed on cruise ships operating and discharging in Alaskan waters                                                           
could consistently meet Alaska's marine water quality criteria at the                                                           
point of discharge for all parameters except ammonia, copper, nickel,                                                           
and zinc.                                                                                                                       
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0065
The panel did not identify any new or additional technologies that                                                              
would consistently meet the criteria for these remaining four                                                                   
parameters. When comparing the wastewater quality from AWTS to                                                                  
discharges from municipal treatment plants, the AWTS in operation                                                               
are significantly more effective and produce a higher quality discharge                                                         
than most municipal systems. Even without incremental improvements                                                              
to cruise ship wastewater quality, aquatic life and human health are                                                            
protected through provisions in the current cruise ship General Permit                                                          
that restrict the location of discharge and when ships must be                                                                  
underway before they discharge.                                                                                                 
                                                                                                                                
The Science Panel concluded that given the current level of                                                                     
wastewater treatment and quality of effluent along with very large                                                              
dilution factors there would be little, if any, demonstrable                                                                    
environmental benefit in requiring cruise ships to adopt, in the future,                                                        
potential additional treatment methods.                                                                                         
                                                                                                                                
Where Alaska's small and mid-sized businesses create jobs and                                                                   
opportunities for Alaskans, and where Alaska's wastewater standards                                                             
can be implemented in a way that protects our marine and coastal                                                                
environments, I urge your prompt and favorable action on this                                                                   
measure.                                                                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Dunleavy moved and asked unanimous consent to be excused                                                                
from a call of the Senate from evening plane time, January 18 through                                                           
evening plane time, January 21. Without objection, Senator Dunleavy                                                             
was excused.                                                                                                                    
                                                                                                                                
Senator Coghill moved and asked unanimous consent that President                                                                
Huggins be excused from a call of the Senate from afternoon plane                                                               
time, January 18 through evening plane time, January 20. Without                                                                
objection, Senator Huggins was excused.                                                                                         
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0066
Senator Giessel moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from morning plane time, January 19 through                                                           
morning plane time, January 21. Without objection, Senator Giessel                                                              
was excused.                                                                                                                    
                                                                                                                                
Senator Gardner moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from morning plane time, February 1 through                                                           
evening plane time, February 3. Without objection, Senator Gardner                                                              
was excused.                                                                                                                    
                                                                                                                                
SB 4                                                                                                                          
Senators Ellis, Dyson, Kelly, Stevens, Fairclough, Micciche moved                                                               
and asked unanimous consent to be shown as cosponsors on SENATE                                                                 
BILL NO. 4 "An Act relating to applying military education, training,                                                           
and service credit to occupational licensing and certain postsecondary                                                          
education and employment training requirements; providing for a                                                                 
temporary occupational license for qualified military service members;                                                          
and providing for an effective date." Without objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
President Huggins made the following appointment:                                                                               
                                                                                                                                
Alaska Legislative Centennial Commission                                                                                      
Senator Fairclough, alternate                                                                                                   
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                          Engrossment and Enrollment                                                                         
                                                                                                                                
SR 1                                                                                                                          
SENATE RESOLUTION NO. 1 Establishing a Senate Special                                                                           
Committee on World Trade, was engrossed and enrolled, signed by the                                                             
President and Secretary and the engrossed and enrolled copies                                                                   
transmitted to the Office of the Governor at 11:05 a.m.,                                                                        
January 18, 2013.                                                                                                               
                                                                                                                                
                             Senate Resolve No. 1                                                                              
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0067
SR 2                                                                                                                          
SENATE RESOLUTION NO. 2 Establishing a Senate Special                                                                           
Committee on Trans Alaska Pipeline System Throughput, was                                                                       
engrossed and enrolled, signed by the President and Secretary and the                                                           
engrossed and enrolled copies transmitted to the Office of the                                                                  
Governor at 11:05 a.m., January 18, 2013.                                                                                       
                                                                                                                                
                             Senate Resolve No. 2                                                                              
                                                                                                                                
SR 3                                                                                                                          
SENATE RESOLUTION NO. 3 Establishing a Senate Special                                                                           
Committee on In-State Energy, was engrossed and enrolled, signed by                                                             
the President and Secretary and the engrossed and enrolled copies                                                               
transmitted to the Office of the Governor at 11:05 a.m.,                                                                        
January 18, 2013.                                                                                                               
                                                                                                                                
                             Senate Resolve No. 3                                                                              
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 11:00 a.m., January 22, 2013. Without                                                                
objection, the Senate adjourned at 10:27 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0068
                                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                                                                        
                                                                                                                                
Jan 22        Tuesday                     Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
              Due to Special Comm On Taps Throughput Meeting                                                                    
              at this Time                                                                                                      
                                                                                                                                
Jan 24        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
              Due to Special Comm On Taps Throughput Meeting                                                                    
              at this Time                                                                                                      
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Jan 21        Monday                             Capitol 106          8:00 AM                                                 
+             Joint w/ House Education                                                                                          
              Overview: Education Funding, Foundation Formula                                                                   
              Alaska Department of Education & Early Dev.                                                                       
                                                                                                                                
Jan 23        Wednesday                   Beltz 105 (tsbldg)          8:00 AM                                                 
+             Presentation: Science, Technology, Engineering,                                                                   
              and Math (STEM) Education in Alaska FIRST                                                                         
              Robotics - STEM-AK, Juneau Economic Development                                                                   
              Council                                                                                                           
+ SB  17 EXTEND SPECIAL EDUCATION SERVICE AGENCY                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0069
                            EDUCATION (continued)                                                                            
                                                                                                                                
Jan 25        Friday                      Beltz 105 (tsbldg)          8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Jan 21        Monday                    Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 22        Tuesday                   Senate Finance 532            9:00 AM                                                 
+             Trinity Tomsic - Federal Funds Information for                                                                    
              States - Federal Budget Overview                                                                                  
              Karen Rehfeld - Office of Management & Budget -                                                                   
              - FY14 Budget Overview                                                                                            
                                                                                                                                
Jan 23        Wednesday                 Senate Finance 532            9:00 AM                                                 
+             David Teal - Legislative Finance Division -                                                                       
              FY14 Budget Overview                                                                                              
                                                                                                                                
Jan 24        Thursday                  Senate Finance 532            9:00 AM                                                 
+             Department of Revenue - State's Savings                                                                           
              Accounts Update                                                                                                   
              Overview of Fall 2012 Revenue Forecast                                                                            
                                                                                                                                
Jan 25        Friday                    Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Jan 21        Monday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 23        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 25        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0070
                                  JUDICIARY                                                                                  
                                                                                                                                
Jan 21        Monday                      Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 23        Wednesday                          Capitol 120          1:30 PM                                                 
              -- Note Location Change --                                                                                        
+             Joint w/ House Judiciary                                                                                          
              Overview: Alaska Court System                                                                                     
              Overview: Office of the Public Defender                                                                           
              Overview: Office of Public Advocacy                                                                               
              <Teleconference Invitation Only>                                                                                  
                                                                                                                                
Jan 25        Friday                             Capitol 120          1:30 PM                                                 
              -- Note Location Change --                                                                                        
+             Joint w/ House Judiciary                                                                                          
              Overview: Department of Public Safety                                                                             
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Jan 22        Tuesday                     Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 24        Thursday                    Beltz 105 (tsbldg)          1:30 PM                                                 
+ SB   8 PHARMACY AUDITS                                                                                                        
              <Bill Hearing Postponed>                                                                                          
+ SB  14 ELECTRIC/TELEPHONE COOPS: BOARD TERMS                                                                                  
+ SB  16 BD OF ARCHITECTS, ENGINEERS, SURVEYORS                                                                                 
              <Bill Hearing Postponed>                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Jan 18        Friday                          Butrovich 205           3:30 PM                                                 
+             Dept. of Natural Resources Overview                                                                               
              Commissioner Dan Sullivan                                                                                         
              Deputy Commissioner Joe Balash                                                                                    
              Deputy Commissioner Ed Fogels                                                                                     
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0071
                            RESOURCES (continued)                                                                            
                                                                                                                                
Jan 21        Monday                          Butrovich 205           3:30 PM                                                 
+             Dept. of Natural Resources Overview - Continued                                                                   
              Commissioner Dan Sullivan                                                                                         
              Deputy Commissioner Joe Balash                                                                                    
              Deputy Commissioner Ed Fogels                                                                                     
              Division of Oil & Gas - on "Who's Keeping the                                                                     
              Lights & Heat On?" Problems & Solutions                                                                           
              Paul Decker, Petroleum Geologist                                                                                  
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Jan 23        Wednesday                       Butrovich 205           3:30 PM                                                 
+             "Who's Keeping the Lights & Heat On?"                                                                             
              Problems & Solutions                                                                                              
              Railbelt Utilities                                                                                                
              -- Testimony <Invitation Only> --                                                                                 
+ SB  29 CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                               
              Commissioner Larry Hartig, Dept. of Environmental                                                                 
              Conservation                                                                                                      
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Jan 25        Friday                          Butrovich 205           3:30 PM                                                 
+             "Who's Keeping the Lights & Heat On?"                                                                             
              Problems & Solutions                                                                                              
              -- Testimony <Invitation Only> --                                                                                 
+= SB  29 CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                              
              Testimony: Time Limit May Be Set                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Jan 22        Tuesday                         Butrovich 205           9:00 AM                                                 
+             Federal Overreach: Activities of Departments of                                                                   
              Law and Natural Resources                                                                                         
              Overview and Presentations by Attorney General                                                                    
              Geraghty and Dept. of Natural Resources                                                                           
              Commissioner Sullivan                                                                                             
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0072
                          STATE AFFAIRS (continued)                                                                          
                                                                                                                                
Jan 24        Thursday                    Beltz 105 (tsbldg)          9:00 AM                                                 
+             Federal Overreach: Activities of Departments of                                                                   
              Law and Natural Resources                                                                                         
              Overview and Presentations by Department Staff                                                                    
              on State Activities Related to RS 2477 Easements                                                                  
              Over Federal Lands and Disputes Over Submerged                                                                    
              Lands and Navigable Waters                                                                                        
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Jan 22        Tuesday                   Senate Finance 532            1:00 PM                                                 
              -- Time and Location Change --                                                                                    
+             Joint w/ House Transportation                                                                                     
              Department of Transportation Overview -                                                                           
              Commissioner Pat Kemp                                                                                             
              Surface Transportation (incl. Roads to Resources)                                                                 
              Department of Transportation/Public Facilities                                                                    
              (DOT/PF)                                                                                                          
              Map-21 Presentation - DOT/PF                                                                                      
                                                                                                                                
Jan 24        Thursday                  Senate Finance 532            1:00 PM                                                 
+             -- Time and Location Change --                                                                                    
              Joint w/ House Transportation                                                                                     
              DOT/PF Overview of Aviation - Deputy Commissioner                                                                 
              Steve Hatter                                                                                                      
              Public Testimony of New Direction on Vessel                                                                       
              Acquisition                                                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                              SPECIAL COMMITTEES                                                                             
                                                                                                                                
                    SENATE SPECIAL COMM ON IN-STATE ENERGY                                                                   
                                                                                                                                
Jan 24        Thursday                        Butrovich 205           7:30 AM                                                 
+             Overview Alaska Energy Authority (AEA)                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0073
                    SENATE SPECIAL COMM ON TAPS THROUGHPUT                                                                   
                                                                                                                                
Jan 22        Tuesday                     Beltz 105 (tsbldg)          3:30 PM                                                 
+ SB  21 OIL AND GAS PRODUCTION TAX                                                                                             
+             Commissioner Dan Sullivan, Department of Natural                                                                  
              Resources                                                                                                         
              Commissioner Bryan Butcher, Department of Revenue                                                                 
              Deputy Commissioner Joe Balash, Department of                                                                     
              Natural Resources                                                                                                 
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Jan 24        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
+= SB  21 OIL AND GAS PRODUCTION TAX                                                                                            
              Barry Pulliam - Econ One Research, Inc.                                                                           
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Jan 18        Friday                     House Finance 519            8:00 AM                                                 
+             Election of Chairman                                                                                              
              Election of Vice Chairman                                                                                         
              Legislative Finance - David Teal, Director                                                                        
              Overview of the Audit Process - Kris Curtis,                                                                      
              Legislative Auditor                                                                                               
              Other Committee Business                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Feb 13        Wednesday                    House Chamber            11:00 AM                                                  
              State of the Judiciary Address by                                                                                 
              Chief Justice Dana Fabe                                                                                           
                                                                                                                                
Feb 21        Thursday                     House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Lisa Murkowski, U.S. Senator                                                                                      
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0074
                          JOINT SESSION (continued)                                                                          
                                                                                                                                
Mar 04        Monday                       House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Mark Begich, U.S. Senator                                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                            MISCELLANEOUS MEETING                                                                            
                                                                                                                                
Jan 22        Tuesday                            Capitol 120         12:00 PM                                                 
              Lunch and Learn                                                                                                   
              FIRST LEGO League and FIRST Tech Challenge                                                                        
              Robotics                                                                                                          
              Boy Scouts from Southeast FIRST LEGO League                                                                       
              Team Will Demonstrate Their Robots                                                                                
              Sponsored by the Senate Education Committee