Legislature(2013 - 2014)
2013-02-15 Senate Journal
Full Journal pdf2013-02-15 Senate Journal Page 0305 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday February 15, 2013 Thirty-second Day Pursuant to adjournment the Senate was called to order by President Huggins at 10:04 a.m. The roll showed fifteen members present. Senators Ellis, Hoffman, Stedman, Stevens were excused from a call of the Senate. Senator Olson was absent. The prayer was offered by the Chaplain, Pastor Dan Wiese of the Juneau Church of the Nazarene. Senator McGuire moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God, as I bow before you once again this day, I thank you for each person here in this room whom you love so very much. I thank you for the privilege of praying for this honored group of men and women this week. It is an honor for each of them to be elected by the constituents in their districts and entrusted with the duty and responsibilities that come with their position. I pray that you would help them with this paradox between being the leaders they need to be to lead our state, and yet, also being the servants they need to be to serve the needs of the people of this state. Help them as they make decisions that not only affect the present, but also will impact the future. Give them wisdom and foresight that will help them discern what is best for our state. Guide them in their sessions, in their committees and in all their meetings and gatherings for the greater purpose of leading and serving the 2013-02-15 Senate Journal Page 0306 wonderful people of this state. Lord, we often seek your blessing for America and we certainly want God to bless Alaska. But we also know that blessing comes as a result of doing that which pleases you and that which is right. That which is right is rooted in loving God with all our heart, soul, mind and strength and to loving our neighbor as ourselves. When we do as you command, we trust that you will indeed bless America and bless this great state of Alaska we call home. Now, we also pray that you would bless and guide in the lives of each senator and staff and their families. Help them especially in the burdens they carry for their loved ones. I pray all this for these people in the name of the one whom I serve, Jesus, my Creator, Savior and Lord. Amen. Senator Micciche led the Senate in the Pledge of Allegiance. Certification Senator Coghill moved and asked unanimous consent that the journals for the thirtieth and thirty-first legislative days and Senate and House Joint Journal Supplement No. 2 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 13 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 67 CS FOR HOUSE BILL NO. 67(MLV) BY THE HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS, entitled: 2013-02-15 Senate Journal Page 0307 "An Act establishing March 29 of each year as Vietnam Veterans Day; and providing for an effective date." was read the first time and referred to the State Affairs Committee. Communications Commemorative Profiles of Senate District C, Senate District D, Senate District E and Senate District F will be published in Senate Journal Supplement No. 2 (page 240). The following reports are on file in the Office of the Secretary of the Senate: Report from the Commissioner of the Department of Administration dated February 11 was received updating the monetary terms for the collective bargaining agreement reached with the Alaska Correctional Officers Association from Becky Hultberg, Commissioner in accordance with AS 23.40.215 The President referred the report to the Finance Committee. The Alaska Film Office 2013 Report to the Legislature from Crystal Koeneman, Special Assistant, Department of Commerce, Community, and Economic Development in accordance with AS 44.33.231(b) Standing Committee Reports SJR 8 The Resources Committee considered SENATE JOINT RESOLUTION NO. 8 Supporting the continued and increased exploration, extraction, processing, and production of rare earth elements in the state; and urging the United States Congress to support efforts of the state to develop rare earth elements in the state for the benefit of the economic and national security of the United States, and recommended it be replaced with 2013-02-15 Senate Journal Page 0308 CS FOR SENATE JOINT RESOLUTION NO. 8(RES) Signing do pass: Senator Giessel, Chair; Senators French, Micciche, Bishop, McGuire, Fairclough, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Resources Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 41 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41 BY SENATOR DYSON, entitled: "An Act relating to student participation in interscholastic activities; and providing for an effective date." was read the first time and referred to the Education Committee. SB 49 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49 BY SENATORS COGHILL, Olson, Kelly, Dyson, Micciche, Dunleavy, Giessel, entitled: "An Act defining 'medically necessary abortion' for purposes of making payments under the state Medicaid program." was read the first time and referred to the Judiciary and Finance Committees. SB 55 SENATE BILL NO. 55 BY THE SENATE LABOR & COMMERCE COMMITTEE, entitled: 2013-02-15 Senate Journal Page 0309 "An Act relating to actions by insurers based on credit history or insurance score." was read the first time and referred to the Labor and Commerce Committee. SB 56 SENATE BILL NO. 56 BY SENATOR DYSON, entitled: "An Act relating to certain crimes involving controlled substances; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 57 SENATE BILL NO. 57 BY SENATOR STEVENS, entitled: "An Act relating to parental involvement in education; adjusting pupil transportation funding; amending the time required for employers to give tenured teachers notification of their nonretention; and providing for an effective date." was read the first time and referred to the Education and Finance Committees. SB 58 SENATE BILL NO. 58 BY SENATOR EGAN, entitled: "An Act allowing an insurer to cancel an insurance policy if property becomes entirely abandoned and the abandonment increases the hazard insured against." was read the first time and referred to the Labor and Commerce Committee. 2013-02-15 Senate Journal Page 0310 Consideration of the Calendar Citations Honoring - Sergeant Paul Hatch Representative(s) Munoz, Kerttula Senator(s) Egan, Huggins, Bishop, Coghill, Dunleavy, Dyson, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski In Memoriam - Katharine Duvall Madsen Representative(s) Austerman Senator(s) Stevens, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Wielechowski In Memoriam - Arthur Stephen Kacalski Representative(s) Austerman Senator(s) Stevens, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Wielechowski In Memoriam - Helen Hall Representative(s) Austerman Senator(s) Stevens, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, 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. Senator Coghill moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. 2013-02-15 Senate Journal Page 0311 Special Order of Business Honoring - Juanita Bertoson Happy 100th Birthday Senator(s) Micciche, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Olson, Stedman, Stevens, Wielechowski Representative(s) Seaton Commemorating Elizabeth Peratrovich Day February 16, 2013 Representative(s) Kerttula, Munoz Senator(s) Egan, Huggins, Bishop, Coghill, Dunleavy, Dyson, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski In Memoriam - First Sergeant Thomas Uptgraft Representative(s) Isaacson, Wilson, T Senator(s) Coghill, Huggins, Bishop, Dunleavy, Dyson, Egan, Ellis, Fairclough, 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 French moved and asked unanimous consent to be excused from a call of the Senate on February 18, to morning plane time. Without objection, Senator French was excused. Senator Bishop 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 Bishop was excused. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 6 through evening plane time, March 10. Without objection, Senator Dyson was excused. 2013-02-15 Senate Journal Page 0312 Senator Giessel moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 15 through evening plane time, February 17. Without objection, Senator Giessel was excused. SJR 9 President Huggins removed the Education Committee referral from SENATE JOINT RESOLUTION NO. 9 Proposing amendments to the Constitution of the State of Alaska relating to state aid for education, (page 283). President Huggins added a Finance Committee referral to the resolution. Senator Wielechowski objected. The question being: "Shall the Senate uphold the committee referral changes?" The roll was taken with the following result: SJR 9 Uphold Change to Referrals? YEAS: 11 NAYS: 4 EXCUSED: 4 ABSENT: 1 Yeas: Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche Nays: Egan, French, Gardner, Wielechowski Excused: Ellis, Hoffman, Stedman, Stevens Absent: Olson and so, the Senate upheld the committee referral changes. The resolution was referred to the Judiciary, then Finance Committees. Senator Coghill moved and asked unanimous consent that Senator Olson be excused from a call of the Senate today. Without objection, Senator Olson was excused. 2013-02-15 Senate Journal Page 0313 President Huggins made the following appointments: Pacific NorthWest Economic Region (PNWER) Senator McGuire, delegate Senator Giessel, alternate delegate Senator Hoffman, minority delegate Senator Gardner, alternate minority delegate Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 19, 2013. Without objection, the Senate adjourned at 10:41 a.m. Liz Clark Secretary of the Senate 2013-02-15 Senate Journal Page 0314 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 19 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Feb 21 Thursday Butrovich 205 3:30 PM + Presentation on Local Government Kathie Wasserman, Alaska Municipal League + HB 40 MUNICIPAL TAX EXEMPTION: FARM STRUCTURES ---------------------------------------- EDUCATION Feb 15 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Feb 18 Monday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Feb 20 Wednesday Beltz 105 (tsbldg) 8:00 AM + Presentation: Center for Alaska Education Policy Research, UAA Bills Previously Heard/Scheduled Feb 22 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled ---------------------------------------- 2013-02-15 Senate Journal Page 0315 FINANCE Feb 15 Friday Senate Finance 532 9:00 AM + Presentation: Office of Management & Budget Karen Rehfeld FY 2014 Budget Amendments Bills Previously Heard/Scheduled Feb 18 Monday Senate Finance 532 9:00 AM += SB 18 BUDGET: CAPITAL + Department Overviews: Dept. of Commerce, Commmunity & Economic Dev. Dept. of Administration + Bills Previously Heard/Scheduled + Presentation: Dept. of Administration on Contract Negotiations, Commissioner Becky Hultberg <Presentation Rescheduled to 02/20/13> Feb 19 Tuesday Senate Finance 532 9:00 AM += SB 18 BUDGET: CAPITAL Alaska Court System Department of Public Safety Department of Law Department of Corrections University of Alaska Bills Previously Heard/Scheduled Feb 20 Wednesday Senate Finance 532 9:00 AM + Presentation: Dept. of Administration on Contract Negotiations, Commissioner Becky Hultberg += SB 18 BUDGET: CAPITAL + Bills Previously Heard/Scheduled + Dept. of Commerce, Community & Economic Dev. <Above Item Removed from Agenda> Feb 21 Thursday Senate Finance 532 9:00 AM + SB 7 CORPORATE INCOME TAX + SB 12 PUBLIC PROCUREMENT Bills Previously Heard/Scheduled Feb 22 Friday Senate Finance 532 9:00 AM + SB 37 EXTEND SUICIDE PREVENTION COUNCIL + SB 17 EXTEND SPECIAL EDUCATION SERVICE AGENCY + Bills Previously Heard/Scheduled ---------------------------------------- 2013-02-15 Senate Journal Page 0316 HEALTH & SOCIAL SERVICES Feb 15 Friday Butrovich 205 1:30 PM No Meeting Scheduled Feb 18 Monday Butrovich 205 1:30 PM No Meeting Scheduled Feb 20 Wednesday Butrovich 205 1:30 PM + HB 88 STATUTORY REFS TO MENTAL RETARDATION Feb 22 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY 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 Feb 18 Monday Beltz 105 (tsbldg) 1:30 PM += SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT -- Public Testimony <Time Limit May be Set> -- Confirmation Hearing Select Committee on Legislative Ethics Gary J. Turner Feb 20 Wednesday Capitol 106 1:30 PM + Joint w/ House Judiciary Report by Task Force on Sex Trafficking -- Testimony <Invitation Only> -- Feb 22 Friday Beltz 105 (tsbldg) 1:30 PM + SB 43 PROPERTY CRIMES += SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT -- Public Testimony <Time Limit May be Set -- ---------------------------------------- 2013-02-15 Senate Journal Page 0317 LABOR & COMMERCE Feb 19 Tuesday Beltz 105 (tsbldg) 1:30 PM += SB 23 AIDEA: LNG PROJECT; DIVIDENDS; FINANCING += SB 16 BD OF ARCHITECTS, ENGINEERS, SURVEYORS += SB 38 EXTEND STATE MEDICAL BOARD + Bills Previously Heard/Scheduled Feb 21 Thursday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 15 Friday Butrovich 205 3:30 PM -- Teleconference <Invitation Only> -- += SB 21 OIL AND GAS PRODUCTION TAX PFC Energy Bills Previously Heard/Scheduled Feb 18 Monday Butrovich 205 3:30 PM += SB 21 OIL AND GAS PRODUCTION TAX Independent Oil & Gas Companies -- Testimony <Invitation Only> -- -- 6 p.m. Public Testimony -- Feb 20 Wednesday Butrovich 205 3:30 PM += SB 21 OIL AND GAS PRODUCTION TAX Major Producers -- Testimony <Invitation Only> -- + SJR 3 ENDORSING ANWR LEASING -- 5:15 p.m. Public Testimony on SB 21 -- Feb 22 Friday Butrovich 205 3:30 PM += SB 21 OIL AND GAS PRODUCTION TAX Consultants -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled ---------------------------------------- 2013-02-15 Senate Journal Page 0318 STATE AFFAIRS Feb 19 Tuesday Butrovich 205 9:00 AM No Meeting Scheduled Feb 21 Thursday Butrovich 205 9:00 AM + SB 36 MISSING VULNERABLE ADULT RESPONSE PLAN + HB 67 VIETNAM VETERANS DAY <Pending Referral> ---------------------------------------- TRANSPORTATION Feb 19 Tuesday Butrovich 205 1:30 PM + SB 24 MARINE TRANSPORTATION ADVISORY BOARD + HB 15 COMMERCIAL MOTOR VEHICLE REQUIREMENTS Feb 21 Thursday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Feb 18 Monday Senate Finance 532 1:30 PM Budget Overview ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 21 Thursday Senate Finance 532 3:00 PM + Overview: Teaching and Learning Support Division Dr. Susan McCauley, Director Mr. Paul Prussing, Deputy Director ---------------------------------------- 2013-02-15 Senate Journal Page 0319 ENVIRONMENTAL CONSERVATION Feb 19 Tuesday Senate Finance 532 3:00 PM + Overview: The Governor's FY14 Budget Request David Teal, Director, Legislative Finance Overview: Department of Environmental Conservation, Larry Hartig, Commissioner Tom Cherian, Director, Division of Administrative Services ---------------------------------------- FISH & GAME Feb 18 Monday Senate Finance 532 3:00 PM + Department Budget Overview Commissioner Campbell Budget Increments Capital/Operating Supplemental -- Testimony <Invitation Only> -- Feb 20 Wednesday Senate Finance 532 3:00 PM -- MEETING CANCELED -- Department Budget Overview -- Testimony <Invitation Only> -- Feb 21 Thursday House Finance 519 5:00 PM + Joint w/ House Fish & Game Matanuska Susitna Fishery Issues Other Dept. of Fish & Game Budget Items -- 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> -- 2013-02-15 Senate Journal Page 0320 FISH & GAME (continued) 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 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> -- 2013-02-15 Senate Journal Page 0321 PUBLIC SAFETY (continued) Mar 12 Tuesday Senate Finance 532 3:30 PM + Budget Close-out -- Testimony <Invitation Only> -- ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Feb 20 Wednesday Senate Finance 532 2:00 PM Budget Overview ---------------------------------------- SPECIAL COMMITTEES SENATE SPECIAL COMM ON IN-STATE ENERGY Feb 19 Tuesday Butrovich 205 7:30 AM + Overview: Susitna Watana Hydro Project Alaska Energy Authority (AEA) Sara Fisher-Goad, Wayne Dyok, Nick Szymoniak Feb 21 Thursday Butrovich 205 7:30 AM + Overview: Alaska Independent Power Producers Mike Craft, Duff Mitchell ---------------------------------------- SENATE SPECIAL COMM ON TAPS THROUGHPUT Feb 19 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Feb 21 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- 2013-02-15 Senate Journal Page 0322 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Feb 22 Friday House Finance 519 8:00 AM Audits - EXECUTIVE SESSION - State of Alaska Single Audit for FY12 - DOT/PF Knik Arm Bridge & Toll Authority + Other Committee Business - Alaska Statewide System for Employee Time (ASSET) Audit Update - Consideration of Audit Request ---------------------------------------- LEGISLATIVE CENTENNIAL COMMISSION Feb 20 Wednesday Capitol 106 4:00 PM + Update on Events Planned for Centennial Week ---------------------------------------- OTHER MEETINGS JOINT SESSION 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