Legislature(2013 - 2014)
2013-02-28 Senate Journal
Full Journal pdf2013-02-28 Senate Journal Page 0437 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE FIRST SESSION Juneau, Alaska Thursday February 28, 2013 Forty-fifth Day Pursuant to adjournment the Senate was called to order by President Huggins at 11:00 a.m. The roll showed nineteen members present. Senator Kelly was absent. The prayer was offered by the Chaplain, Captain Donald Warriner of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. I am humbled as I pray for the people of Alaska and their Senators. They are great people serving the great state of Alaska with their time and talents. Their goal is to make the state of Alaska the best place to live, work and play. Help them to find what is best for the people and the state in which we live. May they have the confidence to know how to proceed in all the matters placed before them. I pray that you will bless each person here in the Senate and their families. Thank you for this day; may it bring honor to you. I pray this in Jesus' name. Amen. Senator Dyson led the Senate in the Pledge of Allegiance. 2013-02-28 Senate Journal Page 0438 Certification Senator Coghill moved and asked unanimous consent that the journal for the forty-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Kelly was noted. Messages from the House Message dated February 27 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 4 CS FOR HOUSE JOINT RESOLUTION NO. 4(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, Urging the President of the United States to rescind 23 executive orders, executive actions, and executive recommendations, related to regulation of firearms; and urging the United States Congress to refrain from passing legislation that restricts the right of individuals to keep and bear arms was read the first time and referred to the Judiciary Committee. First Reading and Reference of House Bills HB 69 CS FOR HOUSE BILL NO. 69(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act exempting certain firearms, firearm accessories, and ammunition in this state from federal regulation; declaring certain federal statutes, 2013-02-28 Senate Journal Page 0439 regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in this state; providing criminal penalties for federal officials who enforce or attempt to enforce a federal statute, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date." was read the first time and referred to the Judiciary Committee. Standing Committee Reports SB 21 The Resources Committee 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 it be replaced with CS FOR SENATE BILL NO. 21(RES) "An Act relating to appropriations from taxes paid under the Alaska Net Income Tax Act; providing a tax credit against the corporation income tax for qualified oil and gas service industry expenditures; 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 2013-02-28 Senate Journal Page 0440 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 value including adjustments based on a percentage of gross value at the point of production from certain leases or properties; establishing the Oil and Gas Competitive Review Board; making conforming amendments; and providing for an effective date." and further recommended the adoption of the following Resources Committee Letter of Intent: Letter of Intent It is the intent of the Legislature that Alaska's decline in oil production be arrested and reversed; and that the State become competitive within its peer group in the global market of oil and gas resources. The legislature intends, through passage of SB 21, to: (1) put in place a system for the taxation of oil and gas that is fair, stable, predictable, durable, balanced, and free from complexity across a wide range of oil prices; (2) promote a long-term, competitive, and vibrant oil and gas industry in the state; (3) acknowledge that the oil and gas industry plays an historic and crucial role in the state, providing revenue for and underpinning the resource-based economy of the state; (4) attract the necessary capital investment from the industry to increase oil and gas production, increase the throughput of the Trans Alaska Pipeline System, incentivize the exploration and development of new oil, provide a bridge to production for the challenged and stranded oil and gas resources in the state, return the state to a leadership position in national domestic oil production, and ensure the prosperity of future generations of Alaskans; (5) reflect the policy determination that the legislature chooses opportunity over decline. Signing do pass: Senator Giessel, Chair; Senators McGuire, Dyson. Signing do not pass: Senator French. Signing no recommendation: Senators Micciche, Bishop. Signing amend: Senator Fairclough. 2013-02-28 Senate Journal Page 0441 The following fiscal information was published today: Fiscal Note No. 3, Department of Revenue Fiscal Note No. 4, indeterminate, Department of Revenue Fiscal Note No. 5, indeterminate, Department of Natural Resources The bill was referred to the Finance Committee. SJR 3 The Resources Committee considered SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 3 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas exploration, development, and production; relating to oil and gas exploration, development, production, and royalties; and relating to renewable and alternative energy technologies, and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 3(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 69 SENATE BILL NO. 69 BY SENATOR OLSON, entitled: "An Act establishing the Alaska Chinook salmon research and restoration endowment fund and relating to grants from the fund." was read the first time and referred to the Resources and Finance Committees. 2013-02-28 Senate Journal Page 0442 Consideration of the Calendar Third Reading of Senate Bills SB 7 SENATE BILL NO. 7 am "An Act relating to the computation of the tax on the taxable income of a corporation derived from sources within the state" was read the third time. Senator Coghill moved and asked unanimous consent that SENATE BILL NO. 7 am be held in third reading to the March 1 calendar. Without objection, it was so ordered. Citations Honoring - The Alaska Native Science & Engineering Program Senator(s) Hoffman, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Representative(s) Guttenberg Honoring - 2013 Top Ten Kuskokwim 300 Finishers Senator(s) Hoffman, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Representative(s) Herron Honoring - Margaret "Micky" Howard on the Occasion of Her Retirement Representative(s) Thompson, Isaacson Senator(s) Kelly, Coghill, Huggins, Bishop, Dunleavy, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, Hoffman, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Honoring - Henry P. Guinotte Representative(s) Hughes Senator(s) Dunleavy, Huggins, Bishop, Coghill, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski 2013-02-28 Senate Journal Page 0443 Honoring - West Homer Elementary 2012 Blue Ribbon School of Excellence Representative(s) Seaton Senator(s) Micciche, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Olson, Stedman, Stevens, Wielechowski In Memoriam - Albert P. "Sikiagruk" Adams Senator(s) Hoffman, Olson, Egan, Stedman, Stevens, Huggins, Bishop, Coghill, Dunleavy, Dyson, Ellis, Fairclough, French, Gardner, Giessel, Kelly, McGuire, Meyer, Micciche, Wielechowski Representative(s) Nageak, Edgmon, Austerman, Feige, Foster, Guttenberg, Herron, Kerttula, Munoz, Seaton, Kreiss-Tomkins, Wilson, P In Memoriam - Charles E. "Bud" Tulin Representative(s) Gruenberg Senator(s) Wielechowski, Huggins, Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens In Memoriam - Richard Frank Representative(s) Higgins, Guttenberg Senator(s) Bishop, Hoffman, Huggins, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, 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. Announcements Announcements are at the end of the journal. 2013-02-28 Senate Journal Page 0444 Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m. March 1, 2013. Without objection, the Senate adjourned at 11:23 a.m. Liz Clark Secretary of the Senate 2013-02-28 Senate Journal Page 0445 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 28 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled += HB 40 MUNICIPAL TAX EXEMPTION: FARM STRUCTURES Mar 05 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 07 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Mar 01 Friday Beltz 105 (tsbldg) 8:00 AM + "Discussion on School Voucher Systems" Identifying the Stakeholders & Key Policy Areas 1. Mr. Alan Borsuk, Senior Fellow in Law & Public Policy, Marquette University Law School 2. Mr. Robert Enlow, President & CEO Freidman Foundation for Education Choice 3. Dr. Diane Ravitch, Research Professor of Education, New York University Bills Previously Heard/Scheduled -- Testimony <Invitation Only> -- 2013-02-28 Senate Journal Page 0446 EDUCATION (continued) Mar 04 Monday Beltz 105 (tsbldg) 8:00 AM + Presentation: The Alaska Learning Network By the Alaska Council of School Administrators Bills Previously Heard/Scheduled Mar 06 Wednesday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Mar 08 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled ---------------------------------------- FINANCE Feb 28 Thursday Senate Finance 532 9:00 AM + SB 23 AIDEA: LNG PROJECT; DIVIDENDS; FINANCING + SB 21 OIL AND GAS PRODUCTION TAX Bills Previously Heard/Scheduled Mar 01 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Mar 04 Monday Senate Finance 532 9:00 AM += SB 21 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- PFC Energy Roger Marks Bills Previously Heard/Scheduled Mar 04 Monday Senate Finance 532 1:30 PM += SB 21 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- PFC Energy Roger Marks Bills Previously Heard/Scheduled Mar 05 Tuesday Senate Finance 532 9:00 AM += SB 21 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled 2013-02-28 Senate Journal Page 0447 FINANCE (continued) Mar 05 Tuesday Senate Finance 532 1:30 PM += SB 21 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled Mar 06 Wednesday Senate Finance 532 9:00 AM + SB 16 BD OF ARCHITECTS, ENGINEERS, SURVEYORS += SB 21 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Department of Natural Resources Department of Revenue EconOne PFC Energy Roger Marks Bills Previously Heard/Scheduled Mar 06 Wednesday Senate Finance 532 1:30 PM + SB 16 BD OF ARCHITECTS, ENGINEERS, SURVEYORS += SB 21 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Department of Natural Resources Department of Revenue EconOne PFC Energy Roger Marks Bills Previously Heard/Scheduled Mar 06 Wednesday Senate Finance 532 3:00 PM += SB 21 OIL AND GAS PRODUCTION TAX -- Public Testimony -- Mar 07 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 08 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- 2013-02-28 Senate Journal Page 0448 HEALTH & SOCIAL SERVICES Mar 01 Friday Butrovich 205 1:30 PM No Meeting Scheduled Mar 04 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 06 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 08 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 01 Friday Beltz 105 (tsbldg) 1:30 PM += SB 43 PROPERTY CRIMES -- Public Testimony <Time Limit May Be Set> -- += SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT -- Public Testimony <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled Mar 04 Monday Beltz 105 (tsbldg) 1:30 PM + SB 56 RECLASSIFYING CERTAIN DRUG OFFENSES += SB 49 MEDICAID PAYMENT FOR ABORTIONS; TERMS -- Public Testimony < Time Limit May Be Set> -- += SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT -- Public Testimony < Time Limit May Be Set> -- + Bills Previously Heard/Scheduled Mar 05 Tuesday Fahrenkamp 203 1:30 PM += SB 56 RECLASSIFYING CERTAIN DRUG OFFENSES -- Public Testimony <Time Limit May Be Set> -- += SB 49 MEDICAID PAYMENT FOR ABORTIONS; TERMS -- Public Testimony <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled Mar 06 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 08 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- 2013-02-28 Senate Journal Page 0449 LABOR & COMMERCE Feb 28 Thursday Beltz 105 (tsbldg) 1:30 PM -- Meeting Postponed to 3/19/13 -- + HB 26 EXTEND BOARD OF PUBLIC ACCOUNTANCY + SB 4 MILITARY TRAINING CREDIT + Bills Previously Heard/Scheduled Mar 05 Tuesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 07 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 12 Tuesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 14 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES Mar 01 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- += SB 21 OIL AND GAS PRODUCTION TAX Committee Discussion -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Mar 02 Saturday Butrovich 205 10:00 AM -- MEETING CANCELED -- += SB 21 OIL AND GAS PRODUCTION TAX Committee Discussion -- Testimony <Invitation Only> -- Mar 04 Monday Butrovich 205 3:30 PM + SJR 10 ARCTIC: POLICY, USCG, ARCTIC COUNCIL + SB 54 EXTEND HAIR CRAB & SCALLOP LIMITED ENTRY + HB 36 EXEMPT DISCHARGES FROM USE OF MUNITIONS Mar 06 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled 2013-02-28 Senate Journal Page 0450 RESOURCES (continued) Mar 08 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 28 Thursday Butrovich 205 9:00 AM + SB 44 ELECTION PROCEDURES; REAA ADVISORY BOARDS + SB 45 FEE/TAX EXEMPTION FOR CERTAIN VEHICLES Mar 05 Tuesday Butrovich 205 9:00 AM + SB 63 CONTRACTS FOR PREPARATION OF BALLOTS Bills Previously Heard/Scheduled Mar 07 Thursday Butrovich 205 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Feb 28 Thursday Barnes 124 1:00 PM + Joint w/ House Transportation Presentation: North Lynn Canal Ferry Conceptual Design, DOT/PF Feb 28 Thursday Butrovich 205 2:15 PM += HB 15 COMMERCIAL MOTOR VEHICLE REQUIREMENTS Mar 05 Tuesday Barnes 124 1:30 PM Joint w/ House Transportation + Design Concept Report for the Day Boat Ferry -- Public Testimony -- Mar 07 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2013-02-28 Senate Journal Page 0451 FINANCE SUBCOMMITTEES ADMINISTRATION Mar 12 Tuesday Sen Conf Rm 103 Tsb 5:00 PM Department Overview Mar 15 Friday Sen Conf Rm 103 Tsb 5:00 PM Department Overview ---------------------------------------- COURT SYSTEM Mar 06 Wednesday Senate Finance 532 8:30 AM FY14 Budget Overview ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 28 Thursday Senate Finance 532 3:30 PM -- Please Note Time Change -- + Alaska Performance Scholarship Program Postsecondary Education Mike Hanley, Commissioner, DEED Diane Barrans, Director, Alaska Commission on Postsecondary Education Mar 11 Monday Senate Finance 532 3:00 PM + Digitizing Education in Alaska Initiative Mike Hanley, Commissioner, DEED Carol Rose, Association of Alaska School Boards ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 05 Tuesday Senate Finance 532 5:00 PM + Division of Administrative Services Tom Cherian, Director Division of Environmental Health Elaine Busse Floyd ---------------------------------------- 2013-02-28 Senate Journal Page 0452 FISH & GAME Mar 04 Monday Senate Finance 532 3:00 PM Department Budget Overview -- Testimony <Invitation Only> -- Mar 06 Wednesday Senate Finance 532 3:00 PM -- MEETING CANCELED -- Department Budget Overview -- Testimony <Invitation Only> -- Mar 11 Monday Senate Finance 532 3:00 PM -- MEETING CANCELED -- Department Budget Overview -- Testimony <Invitation Only> -- Mar 15 Friday Senate Finance 532 11:00 AM Department Overview -- Testimony <Invitation Only> -- ---------------------------------------- HEALTH & SOCIAL SERVICES 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> -- ---------------------------------------- LAW Mar 06 Wednesday Senate Finance 532 8:00 AM FY14 Budget Overview ---------------------------------------- 2013-02-28 Senate Journal Page 0453 PUBLIC SAFETY Mar 12 Tuesday Senate Finance 532 3:30 PM + Budget Close-out -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Mar 05 Tuesday Sen Conf Rm 103 Tsb 8:00 AM Department Overview Mar 12 Tuesday Sen Conf Rm 103 Tsb 8:00 AM Department Overview ---------------------------------------- UNIVERSITY OF ALASKA Mar 13 Wednesday Sen Conf Rm 103 Tsb 12:00 PM Overview Mar 14 Thursday Sen Conf Rm 103 Tsb 12:00 PM Overview Mar 15 Friday Sen Conf Rm 103 Tsb 12:00 PM Overview ---------------------------------------- SPECIAL COMMITTEES SENATE SPECIAL COMM ON IN-STATE ENERGY Feb 28 Thursday Butrovich 205 7:30 AM + Long Term Perspective on Energy Issues by Former Gov. Bill Sheffield and Joe Griffith Mar 05 Tuesday Butrovich 205 7:30 AM No Meeting Scheduled Mar 07 Thursday Butrovich 205 7:30 AM No Meeting Scheduled ---------------------------------------- 2013-02-28 Senate Journal Page 0454 SENATE SPECIAL COMM ON TAPS THROUGHPUT Feb 28 Thursday Butrovich 205 3:30 PM No Meeting Scheduled Mar 05 Tuesday Butrovich 205 3:30 PM += SB 59 OIL & GAS EXPLORATION/DEVELOPMENT AREAS -- Public Testimony -- Mar 07 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 28 Thursday Barnes 124 8:30 AM Presentation: Impact of Federal Actions on Alaska Administrative Regulations, by Sam Batkins American Action Forum -- Testimony <Invitation Only> -- ---------------------------------------- OTHER MEETINGS JOINT SESSION Mar 04 Monday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator