Legislature(2013 - 2014)

2013-02-08 Senate Journal

Full Journal pdf

2013-02-08                     Senate Journal                      Page 0227
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-EIGHTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                      Friday                 February 8, 2013                                                   
                                                                                                                                
                               Twenty-fifth Day                                                                              
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Huggins at 10:03 a.m.                                                                                                           
                                                                                                                                
The roll showed eighteen members present. Senators Hoffman,                                                                     
Stedman were excused from a call of the Senate.                                                                                 
                                                                                                                                
The prayer was offered by the Chaplain, Sister Marie Lucek of the                                                               
Cathedral of the Nativity. Senator Olson moved and asked unanimous                                                              
consent that the prayer be spread. Without objection, it was so ordered.                                                        
                                                                                                                                
          Creator God, I thank you for the gift of a new day, a                                                                 
          day of possibility.  I thank you for the many blessings                                                               
          you have given to our legislators and their families.                                                                 
                                                                                                                                
          Continue to bless everyone here that each person may                                                                  
          be a blessing to others. Keep them strong that they                                                                   
          may help the weak.  Keep them uplifted that they                                                                      
          may not get discouraged by negativity or harsh                                                                        
          words.                                                                                                                
                                                                                                                                
          I thank you God for those who work behind the                                                                         
          scenes - the clerks, the secretaries, and all others -                                                                
          to ensure that the business of the Senate runs                                                                        
          smoothly. Bless their work.                                                                                           
                                                                                                                                
          Give our Senators a true sense of judgment, and the                                                                   
          wisdom to see beneath the surface of things.  Bless                                                                   
          their interactions with each other as they work for the                                                               
          good of all Alaskans.  Keep them strong in their                                                                      
          belief that together they can make Alaska an even                                                                     
          better place for all its citizens to live and grow.                                                                   
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0228
          May each one stand firm and tall like a mountain.                                                                     
          May each one move purposefully through the world                                                                      
          like the wind. May each one bloom and flourish as                                                                     
          the wildflowers that bring such delight to all who                                                                    
          look upon them.                                                                                                       
                                                                                                                                
               I ask this of you, God, the Father, Son and Holy                                                                
                           Spirit.           Amen.                                                                             
                                                                                                                                
Senator Kelly led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the journals                                                             
for the twenty-third and twenty-fourth legislative days be approved as                                                          
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
Letter dated February 6 was read, stating in accordance with                                                                    
Article III, Section 26 of the Alaska Constitution and AS 16.05.221                                                             
and 39.05.080, I submit the following appointment for confirmation:                                                             
                                                                                                                                
Board of Fisheries                                                                                                            
Reed Morisky - Fairbanks                                                                                                        
Appointed: 2/6/2013    Term Expires: 6/30/2014                                                                                  
                                                                                                                                
The appointment was referred to the Resources Committee.                                                                        
                                                                                                                                
The resume for this appointee has been submitted to the Office of the                                                           
Senate Secretary.                                                                                                               
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
Commemorative Profiles of Senate District A and Senate District B                                                               
will be published in Senate Journal Supplement No. 1 (p. 240).                                                                  
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0229
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Twenty-Sixth Report:  2011-2012 to the Legislature and Supreme                                                                  
Court                                                                                                                           
from Larry Cohn, Executive Director, Alaska Judicial Council                                                                    
in accordance with Article IV, Section 9, Alaska Constitution                                                                   
                                                                                                                                
Schedule of Compensation:  Alaska Court System Supreme Court                                                                    
Justices, Appellate Court Judges, and Administrative Director                                                                   
Calendar Year 2012                                                                                                              
from Christine Johnson, Administrative Director                                                                                 
in accordance with AS 22.20.037(d)                                                                                              
                                                                                                                                
Alaska Court System Fiscal Operations, Fines Collected                                                                          
Fiscal Year 2012                                                                                                                
from Christine Johnson, Administrative Director                                                                                 
in accordance with AS 12.55.035(h)                                                                                              
                                                                                                                                
2011 Residency of Alaska Workers, Department of Labor and                                                                       
Workforce Development                                                                                                           
from Dianne Blumer, Commissioner                                                                                                
in accordance with AS 36.10.130                                                                                                 
                                                                                                                                
Fiscal Year 2013 Report by the Department of Administration                                                                     
Division of Risk Management                                                                                                     
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 31                                                                                                                         
The Transportation Committee considered SENATE BILL NO. 31                                                                      
"An Act naming the runway at the state-owned airport in Akhiok the                                                              
Jim Andie and Robin Starrett Memorial Runway." Signing do pass:                                                                 
Senator Egan, Chair; Senators Fairclough, Dyson, French, Bishop.                                                                
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Department of Transportation and Public                                                           
      Facilities                                                                                                                
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0230
HB 80                                                                                                                         
The Finance Committee considered HOUSE BILL NO. 80 "An Act                                                                      
relating to the regulation of wastewater discharge from commercial                                                              
passenger vessels in state waters; and providing for an effective date."                                                        
Signing do pass: Senators Kelly, Meyer, Cochairs. Signing no                                                                    
recommendation: Senators Dunleavy, Fairclough, Bishop. Signing                                                                  
amend: Senator Olson.                                                                                                           
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Environmental                                                                       
      Conservation                                                                                                              
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
SB 21                                                                                                                         
The Senate Special Committee on Trans Alaska Pipeline System                                                                    
Throughput considered SENATE BILL NO. 21 "An Act relating to                                                                    
appropriations from taxes paid under the Alaska Net Income Tax Act;                                                             
relating to the oil and gas production tax rate; relating to gas used in                                                        
the state; relating to monthly installment payments of the oil and gas                                                          
production tax; relating to oil and gas production tax credits for certain                                                      
losses and expenditures; relating to oil and gas production tax credit                                                          
certificates; relating to nontransferable tax credits based on                                                                  
production; relating to the oil and gas tax credit fund; relating to                                                            
annual statements by producers and explorers; relating to the                                                                   
determination of annual oil and gas production tax values including                                                             
adjustments based on a percentage of gross value at the point of                                                                
production from certain leases or properties; making conforming                                                                 
amendments; and providing for an effective date" and recommended                                                                
the adoption of the following Senate Special Committee on Trans                                                                 
Alaska Pipeline System Throughput Letter of Intent:                                                                             
                                                                                                                                
                              Letter of Intent                                                                                  
                                                                                                                                
    The Senate Special Committee on Trans Alaska Pipeline                                                                       
    System (TAPS) Throughput was formed specifically to                                                                         
    evaluate solutions designed to reverse or significantly reduce                                                              
    the historical decline in the quantity of oil produced from                                                                 

2013-02-08                     Senate Journal                      Page 0231
    leases or properties north of 68 degrees North latitude and                                                                 
    shipped through the Trans Alaska Pipeline System. The                                                                       
    Committee recognizes that oil revenue is extremely important                                                                
    to the State of Alaska and currently funding over 90% of                                                                    
    Alaska's essential services and critical infrastructure including                                                           
    education, public safety, health and social services and                                                                    
    transportation.  The Committee is also aware that projected                                                                 
    declines in the Trans Alaska Pipeline System throughput may                                                                 
    compound the operational and cost issues that could jeopardize                                                              
    the viability and safe operation of the Trans Alaska Pipeline                                                               
    System.                                                                                                                     
                                                                                                                                
    The Committee was the first to consider SENATE BILL 21                                                                      
    "An Act relating to appropriations from taxes paid under the                                                                
    Alaska Net Income Tax Act; relating to the oil and gas                                                                      
    production tax rate; relating to gas used in the state; relating to                                                         
    monthly installment payments of the oil and gas production                                                                  
    tax; relating to oil and gas production tax credits for certain                                                             
    losses and expenditures; relating to oil and gas production tax                                                             
    credit certificates; relating to nontransferable tax credits based                                                          
    on production; relating to the oil and gas tax credit fund;                                                                 
    relating to annual statements by producers and explorers;                                                                   
    relating to the determination of annual oil and gas production                                                              
    tax values including adjustments based on a percentage of                                                                   
    gross value at the point of production from certain leases or                                                               
    properties; making conforming amendments; and providing for                                                                 
    an effective date."                                                                                                         
                                                                                                                                
    The Committee held six meetings with the intent of framing                                                                  
    the discussion around SB 21 through a lens of evaluating                                                                    
    direct impacts to the TAPS production decline.  The                                                                         
    Committee process was designed for fairness and equal                                                                       
    participation by majority and minority members.  The                                                                        
    Committee included expert consultant, agency, the Alaskan                                                                   
    public and industry testimony in the process through many                                                                   
    productive hours and publicly-available meetings evaluating                                                                 
    the potential positive and negative effects on production                                                                   
    through revised Alaska oil tax policy.  Most importantly, the                                                               
    Committee provided over five hours of Committee time for                                                                    
    public testimony from every LIO in the state, as well as                                                                    

2013-02-08                     Senate Journal                      Page 0232
    telephonically from any location.  Every Alaskan that chose to                                                              
    address the Committee was warmly welcomed and given the                                                                     
    opportunity to share their support and/or concerns.                                                                         
                                                                                                                                
    The Committee has arrived at several key findings after                                                                     
    completing the process of evaluating SB 21 and the effects of                                                               
    oil tax on production.  They include:                                                                                       
                                                                                                                                
        · Regarding oil revenue that funds the vast majority of                                                                 
             governmental functions for the people of Alaska,                                                                   
             there are many factors in which the State has little                                                               
             control, including the price of North Slope oil.  Total                                                            
             government take through oil taxation is the only lever                                                             
             under the control of the people of Alaska.                                                                         
        · The ACES tax structure has likely contributed to                                                                      
             advancing the decline of oil production and                                                                        
             throughput in TAPS, primarily due to a lack of                                                                     
             competitiveness with other OEDC producing regions.                                                                 
        · When evaluating with increased production as a                                                                        
             primary objective, ACES credits should have been                                                                   
             more specifically directed toward projects resulting in                                                            
             production and less toward general spending.                                                                       
        · Specific incentives and a competitive oil tax regime in                                                               
             Alaska will likely result in additional production-                                                                
             related spending.                                                                                                  
        · There has been a direct correlation in other OEDC                                                                     
             producing regions between production-related                                                                       
             spending and increased production.                                                                                 
        · Current fiscal spending policies appear to have an                                                                    
             adverse effect on the business climate and willingness                                                             
             to invest in the State of Alaska.  Policies must deliver                                                           
             the clear message to the business community that                                                                   
             Alaska will not continue taxing to fund unsustainable                                                              
             levels of government spending.                                                                                     
        · Although SB 21 is an adequate platform from which a                                                                   
             respectful dialogue can begin, in the current form the                                                             
             bill may not adequately provide production credit                                                                  
             incentives and opportunities; a level revenue                                                                      
             proportion for Alaskans; and protections for Alaska                                                                
             hire and re-investment.                                                                                            
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0233
    The Committee's intent to pass the bill to the Senate Resources                                                             
    Committee in the original form for further processing is in no                                                              
    way an expression of support by Committee members for                                                                       
    SB 21 in current form.  In fact, most members have expressed                                                                
    concern for key concepts that would require revision prior to                                                               
    supporting the bill as it moves through the legislative process.                                                            
                                                                                                                                
    Key concerns being passed through this letter with an                                                                       
    expectation of consideration moving forward will be                                                                         
    communicated in two sections.  The first section below                                                                      
    includes throughput-related Committee recommendations:                                                                      
                                                                                                                                
        · Evaluate  providing a guarantee of investment in                                                                      
             Alaska and a further incentive for stemming                                                                        
             production decline from leases or properties north of                                                              
             68 degrees North latitude by fixing the amount of                                                                  
             production used in determining the reasonable                                                                      
             transportation costs to determine transportation                                                                   
             deduction costs for pipelines and gas treatment plants                                                             
             under the Oil and Gas Production Tax and Oil                                                                       
             Surcharge, AS 43.55, so that producers receive a                                                                   
             benefit for increased oil production and throughput in                                                             
             the Trans Alaska Pipeline System but incur a                                                                       
             corresponding limitation on deductions due to                                                                      
             throughput declines after December 31, 2015.                                                                       
        · Evaluate expanding the application of the Gross                                                                       
             Revenue Exclusion in units formed before 2003                                                                      
             (Legacy Areas).  The Senate Resources Committee                                                                    
             should specifically inquire about expansions of                                                                    
             existing Participating Areas, increasing recovery                                                                  
             factors in existing Participating Areas, and                                                                       
             Participating Areas that contain oil with an API                                                                   
             gravity of 20 degrees or less.                                                                                     
        · Evaluate specific production-related credits allowed                                                                  
             under ACES for inclusion in SB 21 as a direct                                                                      
             incentive for costs that deliver production.  Require                                                              
             that credits are charged against actual production to                                                              
             eliminate currently-existing negative revenue liability                                                            
             to the State.                                                                                                      
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0234
    The Committee is united in several philosophies that are also                                                               
    recommendations to be considered in SB 21, not related to                                                                   
    throughput, including:                                                                                                      
                                                                                                                                
            · Firm incentives for Alaska Hire and Alaska Purchase,                                                             
        · Evaluating significant and specific incentives for                                                                    
             unconventional and heavy oil,                                                                                      
        · Evaluating a production credit system for producers                                                                   
             willing to provide propane fuels for the people of rural                                                           
             Alaska in areas unlikely to receive natural gas                                                                    
             distribution if/when a natural gas pipeline is                                                                     
             constructed, and                                                                                                   
        · Evaluating employing progressivity as a tool to level                                                                 
             the proportion of take for Alaskans across the various                                                             
             oil price environments.                                                                                            
                                                                                                                                
    Although not supported unanimously by the Committee, yet in                                                                 
    the spirit of fairness for all Committee members, the Minority                                                              
    Committee member has requested the following considerations                                                                 
    to be passed onto the Senate Resources Committee:                                                                           
                                                                                                                                
        · Evaluate a time limit into the future for the 20% Gross                                                               
             Revenue Exclusion.                                                                                                 
        · Evaluate removing the Net Operating Loss provision                                                                    
             in SB 21.                                                                                                          
        · Evaluate adding a 10% minimum gross tax at the                                                                        
             gross value at the point of production.                                                                            
        · Consider progressivity as the price of oil varies.                                                                    
                                                                                                                                
    The Senate Special Committee on Trans Alaska Pipeline                                                                       
    System (TAPS) Throughput will continue to convene to                                                                        
    identify and evaluate additional mitigation solutions for                                                                   
    operational and regulatory TAPS production-related obstacles                                                                
    in the future.  The Committee looks forward to the                                                                          
    constructive dialogue and additional processing that will occur                                                             
    within the Legislature related to SB 21 the remainder of this                                                               
    session.                                                                                                                    
                                                                                                                                
Signing amend: Senator Micciche, Cochair; Senators Gardner,                                                                     
Fairclough, McGuire. Signing no recommendation: Senator Dunleavy,                                                               
Cochair.                                                                                                                        

2013-02-08                     Senate Journal                      Page 0235
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, indeterminate, Department of Revenue                                                                    
     Fiscal Note No. 2, indeterminate, Department of Natural                                                                    
      Resources                                                                                                                 
                                                                                                                                
The bill was referred to the Resources Committee.                                                                               
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 36                                                                                                                         
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 36 BY                                                                                    
SENATORS ELLIS, Wielechowski, Dyson, entitled:                                                                                  
                                                                                                                                
             "An Act relating to missing vulnerable adult prompt                                                               
          response and notification plans."                                                                                     
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
SB 46                                                                                                                         
SENATE BILL NO. 46 BY SENATOR EGAN, entitled:                                                                                   
                                                                                                                                
              "An Act repealing a prohibition against classified                                                               
              state employees participating in the management of                                                               
          political parties above the precinct level."                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
SB 47                                                                                                                         
SENATE BILL NO. 47 BY SENATOR COGHILL, entitled:                                                                                
                                                                                                                                
          "An Act increasing the monthly stipend available for                                                                  
          students attending a statewide boarding school                                                                        
          operated by a school district; and providing for an                                                                   
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                                                                                                                                

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                        Consideration of the Calendar                                                                        
                                                                                                                                
                     Second Reading of Senate Resolutions                                                                    
                                                                                                                                
SJR 2                                                                                                                         
SENATE JOINT RESOLUTION NO. 2 Commending and supporting                                                                         
actions taken by the Office of the Governor, the attorney general, and                                                          
the commissioner of natural resources to protect the state from federal                                                         
government incursion into the care and management of state resources                                                            
and to promote the economic prosperity of the state; and urging the                                                             
United States Congress and the President of the United States to limit                                                          
federal government overreach into management of state resources, was                                                            
read the second time.                                                                                                           
                                                                                                                                
Senator Coghill, Chair, moved and asked unanimous consent for the                                                               
adoption of the Judiciary Committee Substitute offered on page 194.                                                             
Without objection, CS FOR SENATE JOINT RESOLUTION                                                                               
NO. 2(JUD) was adopted.                                                                                                         
                                                                                                                                
President Huggins stated CS FOR SENATE JOINT RESOLUTION                                                                         
NO. 2(JUD) will advance to third reading on the February 11 calendar.                                                           
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Aaron Downing                                                                                                        
Representative(s) Gattis, Hughes, Reinbold, Keller, Stoltze, Feige,                                                             
Neuman, Saddler                                                                                                                 
Senator(s) Huggins, Dunleavy, Bishop, Coghill, Dyson, Egan, Ellis,                                                              
Fairclough, French, Gardner, Giessel, Hoffman, Kelly, McGuire,                                                                  
Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski                                                                          
                                                                                                                                
In Memoriam - Arthur Lawrence Carlson                                                                                           
Senator(s) Stevens, Huggins, Bishop, Coghill, Dunleavy, Dyson,                                                                  
Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Kelly,                                                              
McGuire, Meyer, Micciche, Olson, Stedman, Wielechowski                                                                          
Representative(s) Austerman                                                                                                     
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0237
In Memoriam - Sarah Daria Matthew                                                                                               
Representative(s) Reinbold, Stoltze, Saddler                                                                                    
Senator(s) Fairclough, Dyson, Huggins, Bishop, Coghill, Dunleavy,                                                               
Egan, Ellis, French, Gardner, Giessel, Hoffman, Kelly, McGuire,                                                                 
Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski                                                                          
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the citations                                                            
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Dyson moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from evening plane time, February 15                                                                  
through morning plane time, February 18. Without objection, Senator                                                             
Dyson was excused.                                                                                                              
                                                                                                                                
Senator Olson moved and asked unanimous consent to be excused                                                                   
from a call of the Senate on February 11. Without objection, Senator                                                            
Olson was excused.                                                                                                              
                                                                                                                                
Senator Fairclough moved and asked unanimous consent to be                                                                      
excused from a call of the Senate from evening plane time, March 6                                                              
through evening plane time, March 10. Without objection, Senator                                                                
Fairclough was excused.                                                                                                         
                                                                                                                                
Senator Coghill moved and asked unanimous consent that President                                                                
Huggins be excused from a call of the Senate from afternoon plane                                                               
time, February 15 through evening plane time, February 17; and from                                                             
afternoon plane time, February 22 through evening plane time,                                                                   
February 24. Without objection, Senator Huggins was excused.                                                                    
                                                                                                                                
Senator French moved and asked unanimous consent to be excused                                                                  
from a call of the Senate on February 11, to morning plane time.                                                                
Without objection, Senator French was excused.                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0238
SB 4                                                                                                                          
Senator French moved and asked unanimous consent to be shown as a                                                               
cosponsor 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.                                                                                    
                                                                                                                                
SB 36                                                                                                                         
Senator French moved and asked unanimous consent to be shown as a                                                               
cosponsor on SPONSOR SUBSTITUTE FOR SENATE BILL NO. 36                                                                          
"An Act relating to missing vulnerable adult prompt response and                                                                
notification plans." Without objection, it was so ordered.                                                                      
                                                                                                                                
SB 37                                                                                                                         
Senator French moved and asked unanimous consent to be shown as a                                                               
cosponsor on SENATE BILL NO. 37 "An Act extending the                                                                           
termination date of the Statewide Suicide Prevention Council; and                                                               
providing for an effective date." Without objection, it was so ordered.                                                         
                                                                                                                                
SB 38                                                                                                                         
Senator French moved and asked unanimous consent to be shown as a                                                               
cosponsor on SENATE BILL NO. 38 "An Act extending the                                                                           
termination date of the State Medical Board; and providing for an                                                               
effective date." Without objection, it was so ordered.                                                                          
                                                                                                                                
SB 11                                                                                                                         
Senator French moved and asked unanimous consent to be shown as a                                                               
cosponsor on SENATE BILL NO. 11 "An Act amending certain                                                                        
provisions of criminal law prohibiting the manufacture, sale, transfer,                                                         
or possession of switchblades and gravity knives; adding definitions of                                                         
'gravity knife' and 'switchblade' to the criminal law; and reserving to                                                         
the state, with limited exceptions for municipalities, the authority to                                                         
regulate knives." Without objection, it was so ordered.                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0239
SB 16                                                                                                                         
Senator French moved and asked unanimous consent to be shown as a                                                               
cosponsor on SENATE BILL NO. 16 "An Act relating to the Board of                                                                
Registration for Architects, Engineers, and Land Surveyors and to the                                                           
Department of Commerce, Community, and Economic Development."                                                                   
Without objection, it was so ordered.                                                                                           
                                                                                                                                
SB 32                                                                                                                         
President Huggins removed the Resources Committee referral from                                                                 
SENATE BILL NO. 32 "An Act stating that the development and                                                                     
operation of a hydroelectric site at Chikuminuk Lake is not an                                                                  
incompatible use in the Wood-Tikchik State Park" (page 85).                                                                     
                                                                                                                                
President Huggins added a Finance Committee referral to the bill.                                                               
                                                                                                                                
The bill is in the Community and Regional Affairs Committee.                                                                    
                                                                                                                                
President Huggins made the following appointments:                                                                              
                                                                                                                                
Alaska Arctic Policy Commission                                                                                               
(Legislative Resolve No. 52, 2012)                                                                                              
Senator McGuire                                                                                                                 
Senator Giessel                                                                                                                 
Senator Hoffman                                                                                                                 
Senator Olson (alternate)                                                                                                       
Senator Stevens (alternate)                                                                                                     
                                                                                                                                
Statewide Suicide Prevention Council                                                                                          
(AS 44.29.300)                                                                                                                  
Senator Fairclough                                                                                                              
Senator Gardner                                                                                                                 
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0240
                                Special Orders                                                                               
                                                                                                                                
President Huggins stated Commemorative Senate District Profiles will                                                            
be published in Senate Journal Supplements.                                                                                     
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 11:00 a.m., February 11, 2013. Without                                                               
objection, the Senate adjourned at 10:41 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0241
                                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                                                                        
                                                                                                                                
Feb 08        Friday                          Butrovich 205           8:00 AM                                                 
              Note Day and Time Change                                                                                          
+ SB  32 CHIKUMINUK LAKE HYDROELECTRIC SITE                                                                                     
                                                                                                                                
Feb 12        Tuesday                         Butrovich 205           3:30 PM                                                 
              Bills Previously Heard/Scheduled                                                                                  
+= SB  32 CHIKUMINUK LAKE HYDROELECTRIC SITE                                                                                    
                                                                                                                                
Feb 14        Thursday                        Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Feb 08        Friday                             Capitol 106          8:00 AM                                                 
              -- Location Change --                                                                                             
+             Joint w/ House Education                                                                                          
              Presentation:  Annual Report, Department of                                                                       
              Education & Early Development                                                                                     
                                                                                                                                
Feb 11        Monday                             Capitol 106          8:00 AM                                                 
              -- Please Note Time and Location Change --                                                                        
+             Joint w/ House Education                                                                                          
              Presentation: Alaska Native Science &                                                                             
              Engineering Program (ANSEP)                                                                                       
              Dr. Herb Illisaurri-Schroeder, UAA Vice Provost                                                                   
              for ANSEP & Professor of Engineering                                                                              
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0242
                            EDUCATION (continued)                                                                            
                                                                                                                                
Feb 11        Monday                             Capitol 106          3:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+             Discussion on Feasibility of a Health Insurance                                                                   
              Pool for Public Education Employees                                                                               
              -- Testimony <Invitation Only> --                                                                                 
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 13        Wednesday                          Capitol 106          8:00 AM                                                 
              -- Please Note Time and Location Change --                                                                        
              Joint w/ House Education                                                                                          
+             Presentation: Alaska Performance Scholarship                                                                      
              Program                                                                                                           
              Diane Barrans, Executive Director                                                                                 
              Alaska Commission on Postsecondary Education                                                                      
                                                                                                                                
Feb 13        Wednesday                          Capitol 106          1:30 PM                                                 
              -- Please Note Time and Location Change --                                                                        
              Joint w/ Senate & House Judiciary and House                                                                       
              Education                                                                                                         
+             Presentation: Education Reform & School Choice                                                                    
              Kevin P. Chavous, National School Choice &                                                                        
              Education Reform Advocate                                                                                         
              Richard Komer, Constitutional Scholar, Institute                                                                  
              for Justice                                                                                                       
                                                                                                                                
Feb 15        Friday                             Capitol 106          8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Feb 08        Friday                    Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
= HB  80 CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                               
+ SB  42 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                              
              <Above Item Removed from Agenda>                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0243
                             FINANCE (continued)                                                                             
                                                                                                                                
Feb 11        Monday                    Senate Finance 532            9:00 AM                                                 
+= SB  18 BUDGET: CAPITAL                                                                                                       
              Department Overviews                                                                                              
              Dept. of Environmental Conservation                                                                               
              Dept. of Military & Veterans Affairs                                                                              
              Dept. of Fish & Game                                                                                              
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 12        Tuesday                   Senate Finance 532            9:00 AM                                                 
+= SB  18 BUDGET: CAPITAL                                                                                                       
              Department Overviews                                                                                              
              Dept. of Labor & Workforce Development                                                                            
              Dept. of Transportation & Public Facilities                                                                       
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 13        Wednesday                 Senate Finance 532            9:00 AM                                                 
+= SB  18 BUDGET: CAPITAL                                                                                                       
              Department Overviews                                                                                              
              Dept. of Education                                                                                                
              Dept. of Natural Resources                                                                                        
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 14        Thursday                  Senate Finance 532            9:00 AM                                                 
+= SB  18 BUDGET: CAPITAL                                                                                                       
              Department Overviews                                                                                              
              Dept. of Revenue                                                                                                  
              Alaska Housing Finance Corporation                                                                                
              Alaska Gasline Development Corporation                                                                            
              Dept. of Health & Social Services                                                                                 
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 15        Friday                    Senate Finance 532            9:00 AM                                                 
+             Presentation: Office of Management & Budget                                                                       
              Karen Rehfeld                                                                                                     
              FY 2014 Budget Amendments                                                                                         
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0244
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Feb 08        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 11        Monday                          Butrovich 205           1:30 PM                                                 
+ SB  39 STATUTORY REFS TO MENTAL RETARDATION                                                                                   
                                                                                                                                
Feb 13        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 15        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Feb 08        Friday                      Beltz 105 (tsbldg)          1:30 PM                                                 
+             Children's Justice Act Task Force - Annual                                                                        
              Legislative Presentation                                                                                          
              <Teleconference Listen Only>                                                                                      
+= SJR  6 OPPOSE EXECUTIVE ORDERS ON GUN CONTROL                                                                                
              -- Public Testimony <Time Limit May be Set> --                                                                    
                                                                                                                                
Feb 11        Monday                      Beltz 105 (tsbldg)          1:30 PM                                                 
+= SB  22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                              
              -- Public Testimony <Time Limit May be Set> --                                                                    
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 13        Wednesday                 Senate Finance 532            1:30 PM                                                 
+             Presentation: Education Reform & School Choice                                                                    
              Kevin P. Chavous, National School Choice and                                                                      
              Education Reform Advocate                                                                                         
              Richard Komer, Constitutional Scholar, Institute                                                                  
              for Justice                                                                                                       
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 15        Friday                      Beltz 105 (tsbldg)          1:30 PM                                                 
= SB  22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT                                                                               
              -- Public Testimony <Time Limit May be Set> --                                                                    
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0245
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Feb 12        Tuesday                     Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 14        Thursday                    Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Feb 08        Friday                          Butrovich 205           3:30 PM                                                 
+             "What it Takes to Keep Our Legacy Fields Alive"                                                                   
              -- Testimony <Invitation Only> --                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 11        Monday                          Butrovich 205           3:30 PM                                                 
              -- Teleconference <Invitation Only> --                                                                            
+ SB  21 OIL AND GAS PRODUCTION TAX                                                                                             
              Dept. of Revenue and Dept. of Natural Resources                                                                   
              and Consultants                                                                                                   
                                                                                                                                
Feb 13        Wednesday                       Butrovich 205           3:30 PM                                                 
              -- Teleconference <Listen Only> --                                                                                
+= SB  21 OIL AND GAS PRODUCTION TAX                                                                                            
              Dept. of Revenue and Dept. of Natural Resources                                                                   
              and Consultants                                                                                                   
+ SJR  8 MINING/PROCESSING OF RARE EARTH ELEMENTS                                                                               
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 15        Friday                          Butrovich 205           3:30 PM                                                 
              -- Teleconference <Invitation Only> --                                                                            
+= SB  21 OIL AND GAS PRODUCTION TAX                                                                                            
              PFC Energy                                                                                                        
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Feb 12        Tuesday                         Butrovich 205           9:00 AM                                                 
+ SB   1 ALASKA MINING DAY                                                                                                      
+ SB   2 INTERSTATE MINING COMPACT & COMMISSION                                                                                 
+ SB   4 MILITARY TRAINING CREDIT                                                                                               

2013-02-08                     Senate Journal                      Page 0246
                          STATE AFFAIRS (continued)                                                                          
                                                                                                                                
Feb 14        Thursday                           Capitol 106          8:00 AM                                                 
              -- Please Note Time and Location Change --                                                                        
+             Joint w/ House State Affairs                                                                                      
              Overview: AlaskaCare Active Employee Health Plan                                                                  
              by Dept. of Administration                                                                                        
              Becky Hultberg, Commissioner                                                                                      
              Mike Barnhill, Deputy Commissioner                                                                                
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Feb 12        Tuesday                         Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 14        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                            FINANCE SUBCOMMITTEES                                                                            
                                                                                                                                
                        EDUCATION & EARLY DEVELOPMENT                                                                        
                                                                                                                                
Feb 14        Thursday                  Senate Finance 532            3:00 PM                                                 
              Overview: Governor's FY14 Budget Request                                                                          
              David Teal, Director, Legislative Finance                                                                         
              Danith Watts, Analyst, Legislative Finance                                                                        
              Overview: Dept. of Education's FY14 Budget                                                                        
              Request                                                                                                           
              Mike Hanley, Commissioner                                                                                         
              Mark Lewis, Director, Administrative Services                                                                     
                   ----------------------------------------                                                                    
                                                                                                                                
                                 FISH & GAME                                                                                 
                                                                                                                                
Feb 11        Monday                    Senate Finance 532            3:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0247
                           FISH & GAME (continued)                                                                           
                                                                                                                                
Feb 13        Wednesday                 Senate Finance 532            3:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 18        Monday                    Senate Finance 532            3:00 PM                                                 
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 20        Wednesday                 Senate Finance 532            3:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 25        Monday                    Senate Finance 532            3:00 PM                                                 
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 27        Wednesday                 Senate Finance 532            3:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Mar 04        Monday                    Senate Finance 532            3:00 PM                                                 
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Mar 06        Wednesday                 Senate Finance 532            3:00 PM                                                 
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Mar 11        Monday                    Senate Finance 532            3:00 PM                                                 
              Department Budget Overview                                                                                        
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Feb 12        Tuesday                     Beltz 105 (tsbldg)          8:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+             Medicaid                                                                                                          
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0248
                     HEALTH & SOCIAL SERVICES (continued)                                                                    
                                                                                                                                
Feb 14        Thursday                    Beltz 105 (tsbldg)          8:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+             Medicaid                                                                                                          
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 14        Thursday                     Fahrenkamp 203             1:45 PM                                                 
+             Mental Health Trust                                                                                               
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 19        Tuesday                      Fahrenkamp 203             8:00 AM                                                 
+             Medicaid                                                                                                          
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 21        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              -- Agenda and Location Change --                                                                                  
+             Medicaid                                                                                                          
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 28        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              -- Location Change --                                                                                             
+             Other Issues within the Budget, Question and                                                                      
              Answer Session                                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Mar 14        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              -- Location Change --                                                                                             
+             Budget Close-out                                                                                                  
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                                PUBLIC SAFETY                                                                                
                                                                                                                                
Feb 19        Tuesday                   Senate Finance 532            3:30 PM                                                 
+             Trooper Aircraft, Budget Amendments                                                                               
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 26        Tuesday                   Senate Finance 532            3:30 PM                                                 
+             Other Issues within the Budget, Question and                                                                      
              Answer Session                                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0249
                          PUBLIC SAFETY (continued)                                                                          
                                                                                                                                
Mar 12        Tuesday                   Senate Finance 532            3:30 PM                                                 
+             Budget Close-out                                                                                                  
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                              SPECIAL COMMITTEES                                                                             
                                                                                                                                
                    SENATE SPECIAL COMM ON IN-STATE ENERGY                                                                   
                                                                                                                                
Feb 12        Tuesday                         Butrovich 205           7:30 AM                                                 
+             Alaska Gasline Port Authority, Overview                                                                           
              Bill Walker                                                                                                       
                                                                                                                                
Feb 14        Thursday                        Butrovich 205           7:30 AM                                                 
+             UAF Alaska Center for Energy and Power Overview                                                                   
              Director Gwen Holdmann                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                    SENATE SPECIAL COMM ON TAPS THROUGHPUT                                                                   
                                                                                                                                
Feb 09        Saturday                        Butrovich 205         10:00 AM                                                  
              -- MEETING CANCELED --                                                                                            
= SB  21 OIL AND GAS PRODUCTION TAX                                                                                             
              Meeting if needed.                                                                                                
                                                                                                                                
Feb 12        Tuesday                         Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 14        Thursday                        Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                 WORLD TRADE                                                                                 
                                                                                                                                
Feb 12        Tuesday                            Barnes 124         11:15 AM                                                  
              -- Teleconference --                                                                                              
              Joint w/ House Economic Development, Trade and                                                                    
              Tourism Committee                                                                                                 
              Presentation: Greg Wolf Executive Director of                                                                     
              World Trade Center Alaska                                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                

2013-02-08                     Senate Journal                      Page 0250
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                           ARMED SERVICES COMMITTEE                                                                          
                                                                                                                                
Feb 14        Thursday                  Senate Finance 532          11:00 AM                                                  
+             Lt. General Stephen L. Hoog Commander: Alaskan                                                                    
              Command, 11th Air Force, Alaskan North                                                                            
              American Aerospace Defense Command Region and                                                                     
              Joint Base Elmendorf-Richardson                                                                                   
              Maj. General Thomas Katkus Adjutant General                                                                       
              Alaska National Guard and Commissioner of DMVA                                                                    
              Rear Admiral Thomas P. Ostebo, United States                                                                      
              Coast Guard, Commander 17th Coast Guard District                                                                  
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                                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                                                                                      
                                                                                                                                
Mar 04        Monday                       House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Mark Begich, U.S. Senator                                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                            MISCELLANEOUS MEETING                                                                            
                                                                                                                                
Feb 11        Monday                             Capitol 106         12:00 PM                                                 
              Lunch & Learn:                                                                                                    
              "Addressing Food Access Issues: Success Stories                                                                   
              from Around the State"                                                                                            
              Presenters: Alaska Food Coalition & Alaska Food                                                                   
              Policy Council                                                                                                    
              Sponsored by Rep. Herron