Legislature(2013 - 2014)
2013-03-11 Senate Journal
Full Journal pdf2013-03-11 Senate Journal Page 0525 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday March 11, 2013 Fifty-sixth Day Pursuant to adjournment the Senate was called to order by President Huggins at 2:03 p.m. The roll showed seventeen members present. Senators French, Hoffman, Stevens were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Tari Stage-Harvey of the Shepherd of the Valley Lutheran Church. Senator Fairclough moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As we gather to begin a new week we pray that where hearts are fearful and constricted, grant courage and hope. Where anxiety is infectious and widening, grant peace and reassurance. Where impossibilities close every door and window, grant imagination and resistance. Where distrust twists our thinking, grant healing and illumination. Where spirits are daunted and weakened, grant soaring wings and strengthened dreams. Let your spirit flow in these faithful people so your will for mercy and justice may become our will. Amen. Senator Fairclough led the Senate in the Pledge of Allegiance. 2013-03-11 Senate Journal Page 0526 Certification Senator Coghill moved and asked unanimous consent that the journals for the fiftieth through fifty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Messages dated March 4 and March 5 were read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 6 HOUSE JOINT RESOLUTION NO. 6 BY REPRESENTATIVES MILLETT, Kawasaki, Isaacson, P.Wilson, Nageak, Johnson, Tuck, Hawker, Feige, Hughes, Gara, Costello, Reinbold, Holmes, Chenault, Austerman, Lynn, Olson, Josephson, Gattis, T.Wilson, Thompson, Munoz, Saddler, Pruitt, Foster, Relating to legacy wells and legacy well sites; urging the United States Department of the Interior, Bureau of Land Management, to open new areas of the National Petroleum Reserve - Alaska for environmentally responsible oil and gas development; and requesting the Office of the Governor to increase nationwide awareness about legacy wells and well sites was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 56 HOUSE BILL NO. 56 BY REPRESENTATIVES HOLMES, T.WILSON, Herron, Johnson, P.Wilson, Gattis, Isaacson, Keller, Stoltze, Drummond, Tuck, Josephson, entitled: 2013-03-11 Senate Journal Page 0527 "An Act excluding motorcycles and motor-driven cycles from the passenger vehicle rental tax; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. HB 77 CS FOR HOUSE BILL NO. 77(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to the Alaska Land Act, including certain authorizations, contracts, leases, permits, or other disposals of state land, resources, property, or interests; relating to authorization for the use of state land by general permit; relating to exchange of state land; relating to procedures for certain administrative appeals and requests for reconsideration to the commissioner of natural resources; relating to the Alaska Water Use Act; and providing for an effective date." was read the first time and referred to the Finance Committee. Communications Disclosure letters received in accordance with AS 24.60 will be published in Senate Journal Supplement No. 5 and House and Senate Joint Journal Supplement No. 5. The following reports are on file in the Office of the Secretary of the Senate: Report of the Task Force on Standards & Training of Evidence Technicians, Department of Law from Michael Geraghty, Attorney General Alaska Taxable 2012, Department of Commerce, Community, and Economic Development from Susan Bell, Commissioner 2013-03-11 Senate Journal Page 0528 Standing Committee Reports SB 56 The Judiciary Committee considered SENATE BILL NO. 56 "An Act relating to certain crimes involving controlled substances; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 56(JUD) Signing do pass: Senator Coghill, Chair; Senators McGuire, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Administration Fiscal Note No. 3, zero, Department of Public Safety Fiscal Note No. 4, zero, Department of Public Safety Fiscal Note No. 5, zero, Department of Corrections Fiscal Note No. 6, indeterminate, Department of Law Fiscal Note No. 7, zero, Alaska Court System The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 71 SENATE BILL NO. 71 BY SENATOR MICCICHE, entitled: "An Act relating to the filing date for the final quarterly payment of, and to the assessment of penalties under, the fishery resource landing tax." was read the first time and referred to the Resources and Finance Committees. SB 72 SENATE BILL NO. 72 BY SENATOR COGHILL BY REQUEST, entitled: 2013-03-11 Senate Journal Page 0529 "An Act clarifying that the Alaska Bar Association is an agency for purposes of investigations by the ombudsman; relating to compensation of the ombudsman and to employment of staff by the ombudsman under personal service contracts; providing that certain records of communications between the ombudsman and an agency are not public records; relating to disclosure by an agency to the ombudsman of communications subject to attorney-client and attorney work-product privileges; relating to informal and formal reports of opinions and recommendations issued by the ombudsman; relating to the privilege of the ombudsman not to testify and creating a privilege under which the ombudsman is not required to disclose certain documents; relating to procedures for procurement by the ombudsman; relating to the definition of 'agency' for purposes of the Ombudsman Act and providing jurisdiction of the ombudsman over persons providing certain services to the state by contract; and amending Rules 501 and 503, Alaska Rules of Evidence." was read the first time and referred to the Judiciary and Finance Committees. SB 73 SENATE BILL NO. 73 BY SENATOR MEYER, entitled: "An Act authorizing municipalities to exempt from tax, by ordinance approved by the voters in the municipality, the real property that is the primary residence of a resident who is the widow or widower of a person who was killed while in the military service of the United States; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. 2013-03-11 Senate Journal Page 0530 SB 74 SENATE BILL NO. 74 BY SENATOR KELLY, entitled: "An Act creating the University of Alaska building fund for the payment by the University of Alaska of the costs of use, management, operation, maintenance, and depreciation of space in buildings; and authorizing the Board of Regents of the University of Alaska to designate buildings for which the fund is to be used." was read the first time and referred to the Finance Committee. SB 75 SENATE BILL NO. 75 BY SENATOR COGHILL, entitled: "An Act prohibiting the use of assets or resources of state or municipal agencies to implement or aid in the implementation of the requirements of certain federal laws; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. SB 76 SENATE BILL NO. 76 BY SENATOR KELLY, entitled: "An Act relating to the Alaska Judicial Council and to judicial retention elections." was read the first time and referred to the Judiciary Committee. Consideration of the Calendar Second Reading of Senate Bills SB 23 SENATE BILL NO. 23 "An Act relating to development project financing by the Alaska Industrial Development and Export Authority; relating to the dividends from the Alaska Industrial and Export 2013-03-11 Senate Journal Page 0531 Authority; authorizing the Alaska Industrial Development and Export Authority to provide financing and issue bonds for a liquefied natural gas production system and natural gas distribution system; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 495. Senator Ellis objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 23(FIN) "An Act relating to development project financing by the Alaska Industrial Development and Export Authority; relating to the dividends from the Alaska Industrial Development and Export Authority; authorizing the Alaska Industrial Development and Export Authority to provide financing and issue bonds for a liquefied natural gas production system and natural gas distribution system; and providing for an effective date" was adopted. President Huggins stated CS FOR SENATE BILL NO. 23(FIN) will advance to third reading on the March 13 calendar. Third Reading of Senate Bills SB 2 SENATE BILL NO. 2 "An Act enacting the Interstate Mining Compact and relating to the compact; relating to the Interstate Mining Commission; and providing for an effective date" was read the third time. Senators Micciche, Wielechowski, Olson moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE BILL NO. 2 "An Act enacting the Interstate Mining Compact and relating to the compact; relating to the Interstate Mining Commission; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2013-03-11 Senate Journal Page 0532 SB 2 Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, Gardner, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Wielechowski Excused: French, Hoffman, Stevens and so, SENATE BILL NO. 2 passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 27 SENATE BILL NO. 27 was read the third time. The question being: "Shall SENATE BILL NO. 27 "An Act establishing authority for the state to evaluate and seek primacy for administering the regulatory program for dredge and fill activities allowed to individual states under federal law and relating to the authority; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 27 Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Gardner, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman Nays: Ellis, Wielechowski Excused: French, Hoffman, Stevens and so, SENATE BILL NO. 27 passed the Senate. 2013-03-11 Senate Journal Page 0533 Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Rockwell Representative(s) Gara, Kerttula, Munoz Senator(s) Egan, Ellis, Huggins, Bishop, Coghill, Dunleavy, Dyson, Fairclough, Gardner, Giessel, Hoffman, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Senator Coghill moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business HJR 6 Senators Micciche, Dyson, McGuire, Gardner, Bishop, Egan, Giessel, Fairclough, Stedman, Meyer, Dunleavy, Wielechowski moved and asked unanimous consent to be shown as cross sponsors on HOUSE JOINT RESOLUTION NO. 6 Relating to legacy wells and legacy well sites; urging the United States Department of the Interior, Bureau of Land Management, to open new areas of the National Petroleum Reserve - Alaska for environmentally responsible oil and gas development; and requesting the Office of the Governor to increase nationwide awareness about legacy wells and well sites. Without objection, it was so ordered. Announcements Announcements are at the end of the journal. 2013-03-11 Senate Journal Page 0534 Engrossment SB 2 SENATE BILL NO. 2 "An Act enacting the Interstate Mining Compact and relating to the compact; relating to the Interstate Mining Commission; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 27 SENATE BILL NO. 27 "An Act establishing authority for the state to evaluate and seek primacy for administering the regulatory program for dredge and fill activities allowed to individual states under federal law and relating to the authority; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 13, 2013. Without objection, the Senate adjourned at 2:57 p.m. Liz Clark Secretary of the Senate 2013-03-11 Senate Journal Page 0535 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 Mar 12 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 14 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Mar 11 Monday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Mar 13 Wednesday Beltz 105 (tsbldg) 8:00 AM + SB 47 STIPEND FOR STATEWIDE BOARDING SCHOOL + SB 57 LITERACY, PUPIL TRANSP, TEACHER NOTICES Bills Previously Heard/Scheduled Mar 15 Friday Beltz 105 (tsbldg) 8:00 AM Discussion: Vouchers #2, Continuation of a Discussion on Voucher Systems Agenda TBA Bills Previously Heard/Scheduled ---------------------------------------- 2013-03-11 Senate Journal Page 0536 FINANCE Mar 11 Monday Senate Finance 532 9:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled += SB 21 OIL AND GAS PRODUCTION TAX Mar 11 Monday Senate Finance 532 1:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled += SB 21 OIL AND GAS PRODUCTION TAX Mar 12 Tuesday Senate Finance 532 9:00 AM += SB 21 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Mar 12 Tuesday Senate Finance 532 1:30 PM += SB 21 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Mar 12 Tuesday Senate Finance 532 4:00 PM += SB 21 OIL AND GAS PRODUCTION TAX Public Testimony + Bills Previously Heard/Scheduled Mar 13 Wednesday Senate Finance 532 9:00 AM += SB 21 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Mar 13 Wednesday Senate Finance 532 1:30 PM += SB 21 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Mar 14 Thursday Senate Finance 532 9:00 AM + SB 62 SCHOOL CONST. GRANTS/SMALL MUNICIPALITIES + SB 38 EXTEND STATE MEDICAL BOARD + Bills Previously Heard/Scheduled Mar 15 Friday Senate Finance 532 9:00 AM + SB 24 MARINE TRANSPORTATION ADVISORY BOARD + Bills Previously Heard/Scheduled ---------------------------------------- 2013-03-11 Senate Journal Page 0537 HEALTH & SOCIAL SERVICES Mar 11 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 13 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 15 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 11 Monday Beltz 105 (tsbldg) 5:00 PM -- Please Note Time Change -- += SB 49 MEDICAID PAYMENT FOR ABORTIONS; TERMS -- Public Testimony -- + Bills Previously Heard/Scheduled Mar 13 Wednesday Beltz 105 (tsbldg) 1:30 PM + Confirmation Hearings: William Gordon, Board of Governors of the Alaska Bar Robert Groseclose, Commission on Judicial Conduct + SJR 9 CONST. AM: EDUCATION FUNDING + Bills Previously Heard/Scheduled Mar 15 Friday Beltz 105 (tsbldg) 1:30 PM + HB 69 EXEMPT FIREARMS FROM FEDERAL REGULATION += SJR 9 CONST. AM: EDUCATION FUNDING + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 12 Tuesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 14 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- 2013-03-11 Senate Journal Page 0538 RESOURCES Mar 11 Monday Butrovich 205 3:30 PM += SB 54 EXTEND HAIR CRAB & SCALLOP LIMITED ENTRY += HB 36 EXEMPT DISCHARGES FROM USE OF MUNITIONS + SCR 1 STATE FOOD RESOURCE DEVELOPMENT GROUP Mar 13 Wednesday Butrovich 205 3:30 PM + SB 69 CHINOOK RESEARCH & RESTORATION ENDOWMENT + SB 60 BOUNTY ON SEA OTTERS + HJR 5 OPPOSE GENETICALLY ENGINEERED SALMON Bills Previously Heard/Scheduled Mar 15 Friday Butrovich 205 3:30 PM + SB 59 OIL & GAS EXPLORATION/DEVELOPMENT AREAS -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 12 Tuesday Butrovich 205 9:00 AM -- Public Testimony <Time Limit May Be Set> -- + HB 46 WAIVE CDL SKILL TEST FOR CERTAIN VETERANS + SB 48 PERS CONTRIBUTIONS BY MUNICIPALITIES += SB 44 ELECTION PROCEDURES; REAA ADVISORY BOARDS Bills Previously Heard/Scheduled Mar 14 Thursday Butrovich 205 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Mar 12 Tuesday Butrovich 205 1:30 PM + Presentation: Marine Exchange Mar 14 Thursday Butrovich 205 1:30 PM + Presentation: Old Harbor Airport Runway Extension + SB 13 KNIK ARM BRIDGE AND TOLL AUTHORITY ---------------------------------------- 2013-03-11 Senate Journal Page 0539 FINANCE SUBCOMMITTEES ADMINISTRATION Mar 12 Tuesday Sen Conf Rm 103 Tsb 5:00 PM -- MEETING CANCELED -- + Department Overview Mar 13 Wednesday Sen Conf Rm 103 Tsb 8:00 AM + Department Overview Mar 15 Friday Sen Conf Rm 103 Tsb 5:00 PM -- Agenda Change -- + Budget Closeout ---------------------------------------- CORRECTIONS Mar 11 Monday Senate Finance 532 5:00 PM + Department Overview Mar 13 Wednesday Senate Finance 532 5:00 PM + House Budget and Specific Concerns or Issues Mar 15 Friday Senate Finance 532 5:00 PM + Final Considerations and Closeout ---------------------------------------- COURT SYSTEM Mar 13 Wednesday Senate Finance 532 8:30 AM FY14 Budget Closeout Mar 14 Thursday Senate Finance 532 8:30 AM FY14 Budget Closeout ---------------------------------------- 2013-03-11 Senate Journal Page 0540 EDUCATION & EARLY DEVELOPMENT Mar 11 Monday Senate Finance 532 3:30 PM -- Time Change -- + Digitizing Education in Alaska Initiative Mike Hanley, Commissioner, DEED Carl Rose, Association of Alaska School Boards Linda Thibodeau, Director, Libraries, Archives & Museums Mar 14 Thursday Senate Finance 532 3:00 PM + Discussion of Educational Issues Including: Alaska Mentor Project Iditarod Pilot Project Cost of State Assessments NCLB Waiver Request ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 14 Thursday Senate Finance 532 5:00 PM + Division of Air Quality Alice Edwards, Director + Division of Water Michelle Bonnet Hale, Director ---------------------------------------- FISH & GAME 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 -- Agenda Change -- Budget Closeout ---------------------------------------- 2013-03-11 Senate Journal Page 0541 HEALTH & SOCIAL SERVICES Mar 14 Thursday Fahrenkamp 203 8:00 AM -- MEETING CANCELED -- + Budget Close-out -- Testimony <Invitation Only> -- Mar 18 Monday Fahrenkamp 203 8:00 AM + Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 18 Monday Senate Finance 532 5:00 PM + Department Overview Mar 20 Wednesday Senate Finance 532 5:00 PM + House Budget and Specific Concerns or Issues Mar 22 Friday Senate Finance 532 5:00 PM + Final Considerations and Closeout ---------------------------------------- LAW Mar 13 Wednesday Senate Finance 532 8:00 AM FY14 Budget Closeout Mar 14 Thursday Senate Finance 532 8:00 AM FY14 Budget Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 16 Saturday Senate Finance 532 10:00 AM + Department Overview Mar 18 Monday Senate Finance 532 7:30 AM + House Budget and Specific Concerns or Issues Mar 20 Wednesday Senate Finance 532 7:30 AM + Closeout ---------------------------------------- 2013-03-11 Senate Journal Page 0542 NATURAL RESOURCES Mar 14 Thursday Senate Finance 532 7:30 AM + Department Overview Mar 16 Saturday Senate Finance 532 1:30 PM + House Budget and Specific Concerns or Issues Mar 19 Tuesday Senate Finance 532 7:30 AM + Review (possible Closeout) Mar 21 Thursday Senate Finance 532 5:30 PM Closeout (If needed) ---------------------------------------- PUBLIC SAFETY Mar 12 Tuesday Senate Finance 532 3:30 PM -- Rescheduled to 3/19/13 -- + Budget Close-out -- Testimony <Invitation Only> -- Mar 19 Tuesday Beltz 105 (tsbldg) 3:30 PM -- Location Change -- + Budget Close-out -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Mar 12 Tuesday Sen Conf Rm 103 Tsb 8:00 AM -- Agenda Change -- + Budget Closeout ---------------------------------------- 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 2013-03-11 Senate Journal Page 0543 UNIVERSITY OF ALASKA (continued) Mar 15 Friday Sen Conf Rm 103 Tsb 5:30 PM -- Agenda and Time Change -- + Budget Closeout ---------------------------------------- SPECIAL COMMITTEES SENATE SPECIAL COMM ON IN-STATE ENERGY Mar 12 Tuesday Butrovich 205 7:30 AM No Meeting Scheduled Mar 14 Thursday Butrovich 205 7:30 AM No Meeting Scheduled ---------------------------------------- SENATE SPECIAL COMM ON TAPS THROUGHPUT Mar 12 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 14 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 11 Monday House Finance 519 8:00 AM Audits - Executive Session - DOT/PF, Knik Arm Bridge and Toll Authority, and Select Issues - Preliminary Release + Other Committee Issues - Legislative Audit Furniture Purchase ---------------------------------------- 2013-03-11 Senate Journal Page 0544 LEGISLATIVE COUNCIL Mar 21 Thursday Senate Finance 532 4:00 PM + Ratification of Charity Events Contract Approvals Other Committee Business <Teleconference Listen Only> ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 12 Tuesday Anch Lio Rm 210 8:30 AM + FULL COMMITTEE: Open Session Public Comment EXECUTIVE SESSION Open Session Advisory Opinion 13-01 Other Business