Legislature(2009 - 2010)
2010-01-22 Senate Journal
Full Journal pdf2010-01-22 Senate Journal Page 1283 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday January 22, 2010 Fourth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:01 a.m. The roll showed sixteen members present. Senators Coghill, McGuire, Meyer, Wagoner were excused from a call of the Senate. The prayer was offered by the Chaplain, The Reverend Murray Richmond. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Spirit of God, The prophet Isaiah tells us that you dwell in the high and holy places, but that you also dwell with the humble and contrite. This morning, as this body gathers together to serve the people of Alaska, we also ask that you give us vision that takes us beyond these walls, beyond this beautiful city, and beyond this awesome state. Help us to remember those in tragic circumstances, especially those who are suffering the great devastation of the earthquake in Haiti. Today I pray for my friends in the village of Croix Fer; hard working people who have seen more than their fair share of tragedy over the years. I pray for their physical well being, as well as their ability to see open doors to offer compassion to those around them. 2010-01-22 Senate Journal Page 1284 I pray for those caught in war zones around the world - either as combatants or simply as residents who live in the midst of violent strife. I pray they may see and seek the peace that comes from the Prince of Peace, and that we may all, in the words of the hymn, "bid our strife and envy cease." Help us to remember those who are consumed by hunger, be it physical lack of food, emotional valleys in the Shadow of Death, or spiritual deserts where hope and faith have little place to find root. But we also pray for those who dwell in high and mighty places. We pray for those who make law and policy in our nation's capital. And today I pray for those who work for the State of Alaska, who seek to serve her best interest, who strive to see that her people are given every opportunity available to carve out an existence bountiful with life, liberty and the pursuit of happiness. Spirit of the living God, may your spirit of peace and wisdom fall in a mighty way on the people who stand in this chamber today, and who serve this state. Amen. Senator Paskvan led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the second and third legislative days and House and Senate Joint Journal Supplement No. 9 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated January 21 was read stating the House confirmed Representative Gatto and Representative Johnson (alternate) as House members to the Select Committee on Legislative Ethics. 2010-01-22 Senate Journal Page 1285 Communications The following reports are on file in the Office of the Secretary of the Senate: Improving Health, Protecting Alaskans, Annual Report 2009 Alaska Department of Health and Social Services from Bill Hogan, Commissioner Alaska Industrial Development Export Authority (AIDEA) Annual Report 2009 from Ted Leonard, Executive Director in accordance with AS 44.88.210(a) available at: www.aidea.org Alaska Industrial Development Export Authority (AIDEA) Annual Review of Assets from Ted Leonard, Executive Director in accordance with AS 44.88.205 Report from the Alaska Retirement Management Board (ARMB) from Patrick S. Galvin, Commissioner, Department of Revenue in accordance with AS 37.10.220(a)(13) Investment Earnings Report for Alaska Marine Highway System Fund from Patrick S. Galvin, Commissioner, Department of Revenue in accordance with AS 19.65.070(c) Alaska Marine Highway Fund Annual Financial Report 2009 for the Fiscal Year ended June 30, 2009 from Leo von Scheben, Commissioner Department of Transportation and Public Facilities in accordance with AS 19.65.070 Report of Lease-Purchase Agreements entered into by the Executive Branch, Fiscal Year 2009 from Karen Rehfeld, Director, Office of Management and Budget Office of the Governor in accordance with AS 37.07.040(11) 2010-01-22 Senate Journal Page 1286 State of Alaska Comprehensive Annual Financial Report Fiscal Year ended June 30, 2009 from Annette Kreitzer, Commissioner, Department of Administration in accordance with AS 37.05.210 Executive Branch Biennial Procurement Report July 1, 2006 through June 30, 2008 from Annette Kreitzer, Commissioner, Department of Administration in accordance with AS 36.30.540 Report of the Joint Armed Services Committee from Representative Nancy Dahlstrom and Senator Bill Wielechowski, Cochairs in accordance with AS 24.20.675 2010 Report to the Legislature from Dick Mylius, Director Division of Mining, Land and Water Department of Natural Resources, including: Report of Identified R.S. 2477 Rights-of-Way Notification of Annual Mining Report Land Disposal Income Fund Report Notification of Annual Report on the Status of Land in the Land Disposal Bank Notification of Annual Report on Water Removals and Exports Notification of Interim Land Classifications (Closing Land to Mineral Entry) Summary of Cooperative Resource Management or Development Agreements A corrected report from the Commissioner of the Department of Administration dated April 20, 2009 was received stating the monetary terms for the collective bargaining agreement reached with the International Organization of Masters, Mates and Pilots (MM&P) in accordance with AS 23.40.215. The President referred the report to the Finance Committee. 2010-01-22 Senate Journal Page 1287 A corrected report from the Commissioner of the Department of Administration dated April 20, 2009 was received stating the monetary terms for the collective bargaining agreement reached with the Marine Engineers Beneficial Association (MEBA) in accordance with AS 23.40.215. The President referred the report to the Finance Committee. The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: 2009 Division of Legislative Audit Unabridged Annual Report Legislative Budget and Audit Committee 2009 Condensed Annual Report Introduction and Reference of Senate Bills SB 233 SENATE BILL NO. 233 BY SENATOR MEYER, entitled: "An Act relating to the duties of the commissioner of fish and game and to the interest of the Board of Game in public safety as it relates to game." was read the first time and referred to the State Affairs and Resources Committees. SB 234 SENATE BILL NO. 234 BY SENATOR MEYER, entitled: "An Act extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. 2010-01-22 Senate Journal Page 1288 SB 235 SENATE BILL NO. 235 BY THE SENATE EDUCATION COMMITTEE, entitled: "An Act relating to charter school approval and funding." was read the first time and referred to the Education and Finance Committees. SB 236 SENATE BILL NO. 236 BY THE SENATE EDUCATION COMMITTEE, entitled: "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes or for a college facility; and providing for an effective date." was read the first time and referred to the Education and Finance Committees. SB 237 SENATE BILL NO. 237 BY THE SENATE EDUCATION COMMITTEE, entitled: "An Act extending the deadline for authorizing school construction debt reimbursed by the state." was read the first time and referred to the Education and Finance Committees. SB 238 SENATE BILL NO. 238 BY SENATOR DAVIS, entitled: "An Act amending the eligibility threshold for medical assistance for persons in a medical or intermediate care facility." 2010-01-22 Senate Journal Page 1289 was read the first time and referred to the Health and Social Services and Finance Committees. Consideration of the Calendar Citations In Memoriam - George Patrick "Pat" Spartz Representative(s) Kerttula, Munoz Senator(s) Egan, Stevens, Bunde, Coghill, Davis, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Ellis moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Dr. Martin Luther King Jr. Day Senator(s) Davis, Stevens, Bunde, Coghill, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Ellis 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 President Stevens made the following clarification regarding appointments (page 1255): 2010-01-22 Senate Journal Page 1290 Select Committee on Legislative Ethics Senator Coghill replaces Senator Wagoner Senators French, Wielechowski moved and asked unanimous consent to be excused from a call of the Senate on January 25, to morning plane time. Without objection, Senators French, Wielechowski were excused. Senator Davis moved and asked unanimous consent to be excused from a call of the Senate from March 11 through March 15. Without objection, Senator Davis was excused. Senator Olson moved and asked unanimous consent to be excused from a call of the Senate from January 25 through morning plane time, January 26. Without objection, Senator Olson was excused. Senator Paskvan moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, January 22 through evening plane time, January 24. Without objection, Senator Paskvan was excused. Senator Wielechowski moved and asked unanimous consent to be excused from a call of the Senate on February 1, to morning plane time. Without objection, Senator Wielechowski was excused. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate on January 29. Without objection, Senator Hoffman was excused. SB 33 Senator Ellis moved and asked unanimous consent that President Stevens be shown as a cosponsor on SENATE BILL NO. 33 "An Act creating a postsecondary scholarship grant program for Alaska residents based on high achievement and financial need." Without objection, it was so ordered. SB 79 Senator Ellis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 79 "An Act waiving payment of premiums for major medical insurance under the defined benefit 2010-01-22 Senate Journal Page 1291 retirement plan for public employees for disabled peace officers who have at least 20 years of credited service as peace officers." Without objection, it was so ordered. SB 228 Senator Ellis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 228 "An Act providing for an industrial incentive investment tax credit and including a gas-to- liquids facility as an eligible investment; and providing for a production tax limit on gas used as a raw material for producing liquids or petrochemicals from gas in the state." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 25, 2009. Without objection, the Senate adjourned at 10:27 a.m. Kirsten Waid Secretary of the Senate 2010-01-22 Senate Journal Page 1292 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Jan 26 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Jan 28 Thursday Beltz 105 (tsbldg) 3:30 PM + SB 43 SECOND VERSE OF ALASKA'S STATE SONG + SB 212 MUNICIPAL ENERGY IMPROVEMENTS PROGRAM ---------------------------------------- EDUCATION Jan 22 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Jan 27 Wednesday Fahrenkamp 203 8:00 AM + SB 221 LEGISLATIVE TASK FORCE ON HIGHER ED Jan 29 Friday Fahrenkamp 203 8:00 AM += SB 109 REPEAL SECONDARY SCHOOL EXIT EXAM ---------------------------------------- FINANCE Jan 22 Friday Senate Finance 532 9:00 AM No Meeting Scheduled 2010-01-22 Senate Journal Page 1293 FINANCE (continued) Jan 25 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 26 Tuesday Senate Finance 532 9:00 AM + Dept of Revenue, Commissioner Pat Galvin Oil Production & Revenue Forecast State Revenue Forecast - FY2011 Jan 27 Wednesday Senate Finance 532 9:00 AM + FY2011 Budget Overview & Fiscal Summary Office of Management & Budget, Director, Karen Rehfeld Legislative Finance Division, Director, David Teal Jan 28 Thursday Senate Finance 532 9:00 AM + FY2011 Budget Overview & Fiscal Summary Office of Management & Budget, Director, Karen Rehfeld Legislative Finance Division, Director, David Teal Jan 29 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Jan 22 Friday Butrovich 205 1:30 PM No Meeting Scheduled Jan 25 Monday Butrovich 205 1:30 PM + SB 199 MEDICAID COVERAGE FOR DENTURES Jan 27 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Jan 29 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2010-01-22 Senate Journal Page 1294 JUDICIARY Jan 25 Monday Beltz 105 (tsbldg) 1:30 PM + SB 222 SEX OFFENSES; OFFENDER REGIS.; SENTENCING + HB 98 ALCOHOL: MINOR CONSUMING/LOCAL OPTION Jan 27 Wednesday Beltz 105 (tsbldg) 1:30 PM + Overview: Juvenile Justice Programs -- Testimony <Invitation Only> -- Jan 29 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Jan 26 Tuesday Beltz 105 (tsbldg) 2:00 PM -- Time Change -- += SB 97 CRANE OPERATOR LICENSES Bills Previously Heard/Scheduled Jan 28 Thursday Beltz 105 (tsbldg) 2:00 PM -- Time Change -- + Gasline Training Overview: By Commissioner Bishop, Labor and Workforce Development Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Jan 22 Friday Butrovich 205 3:30 PM No Meeting Scheduled Jan 25 Monday Butrovich 205 3:30 PM = SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY Energy-Related Budget Recommendations Bills Previously Heard/Scheduled -- Testimony <Invitation Only> -- Jan 26 Tuesday Butrovich 205 1:30 PM Joint w/(S) Special Committee on Energy + Presentation: Denali Biodiesel 2010-01-22 Senate Journal Page 1295 RESOURCES (continued) Jan 27 Wednesday Butrovich 205 3:30 PM = SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY Energy-Related Budget Recommendations -- Public Testimony -- Bills Previously Heard/Scheduled Jan 28 Thursday Butrovich 205 3:30 PM Overview of the "Open Season" Process for Building Fuel Transportation Pipelines Scott Hobbs - Administration Consultant Bills Previously Heard/Scheduled Jan 29 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Jan 26 Tuesday Beltz 105 (tsbldg) 9:00 AM + HB 6 CRUELTY TO ANIMALS Jan 28 Thursday Beltz 105 (tsbldg) 9:00 AM + SB 62 COMMUNITY PROPERTY OF MARRIED PERSONS + SB 184 INTERNET ACCESS TO LEG COMMITTEE MTGS + SB 194 CIVIL DAMAGES FOR ALCOHOL VIOLATIONS ---------------------------------------- TRANSPORTATION Jan 26 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Jan 28 Thursday Butrovich 205 1:00 PM + SB 218 SUSPENDING MOTOR FUEL TAX ---------------------------------------- 2010-01-22 Senate Journal Page 1296 FINANCE SUBCOMMITTEES ADMINISTRATION Jan 27 Wednesday Beltz 105 (tsbldg) 3:30 PM Joint w/(H) Administration Subcommittee Commissioner Departmental Overview Office of Administrative Hearings Division of Retirement & Benefits Office of Risk Management Feb 03 Wednesday Beltz 105 (tsbldg) 3:30 PM Division of General Services Division of Motor Vehicles Public Communications Services Public Defender Agency Feb 10 Wednesday Beltz 105 (tsbldg) 3:30 PM Division of Finance Division of Personnel & Labor Relations Office of Public Advocacy Violent Crimes Compensation Board Feb 17 Wednesday Beltz 105 (tsbldg) 3:30 PM Oil & Gas Conservation Commission Public Offices Commission Feb 24 Wednesday Beltz 105 (tsbldg) 3:30 PM Enterprise Technology Services ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Feb 02 Tuesday Fahrenkamp 203 11:00 AM DCCED Budget Overview by Commissioner Emil Notti Department Overview Introduction of Division Directors, Commissioner's Office, Administrative Services Feb 11 Thursday Fahrenkamp 203 11:00 AM DCCED Overview Continued - Other Items of Interest or Concerns (if necessary) ---------------------------------------- 2010-01-22 Senate Journal Page 1297 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES Feb 02 Tuesday Butrovich 205 8:00 AM + Department Budget Overview -- Testimony <Invitation Only> -- Feb 04 Thursday Butrovich 205 8:00 AM + Department Budget Overview Continuation -- Testimony <Invitation Only> -- Feb 09 Tuesday Butrovich 205 8:00 AM + Medicaid, FMAP, Provider Rates -- Testimony <Invitation Only> -- Feb 11 Thursday Butrovich 205 8:00 AM + To Be Determined -- Testimony <Invitation Only> -- Feb 16 Tuesday Butrovich 205 8:00 AM + To Be Determined -- Testimony <Invitation Only> -- ---------------------------------------- NATURAL RESOURCES Feb 04 Thursday Fahrenkamp 203 10:00 AM Department Overview Feb 09 Tuesday Fahrenkamp 203 1:00 PM Division of Oil and Gas Feb 11 Thursday Beltz 105 (tsbldg) 11:00 AM Gas Pipeline Implementation Feb 16 Tuesday Fahrenkamp 203 1:00 PM Division of Mining, Land, and Water Division of Geological and Geophysical Surveys 2010-01-22 Senate Journal Page 1298 FINANCE SUBCOMMITTEES (continued) NATURAL RESOURCES (continued) Feb 23 Tuesday Fahrenkamp 203 2:00 PM Division of Agriculture Office of Project Management & Permitting Support Services Division Mar 09 Tuesday Fahrenkamp 203 1:00 PM Close Out ---------------------------------------- PUBLIC SAFETY Feb 04 Thursday Fahrenkamp 203 1:30 PM + Department Budget Overview -- Testimony <Invitation Only> -- Feb 11 Thursday Fahrenkamp 203 1:30 PM + Status of VPSO Program and Recruitment Efforts for Them and the State Troopers -- Testimony <Invitation Only> -- Feb 25 Thursday Fahrenkamp 203 1:30 PM + To Be Determined -- Testimony <Invitation Only> -- ---------------------------------------- SPECIAL COMMITTEES ENERGY Jan 26 Tuesday Butrovich 205 1:30 PM Joint w/(S) Resources + Presentation: Denali Biodiesel ---------------------------------------- 2010-01-22 Senate Journal Page 1299 SPECIAL COMMITTEES (continued) WORLD TRADE, TECH, INNOVATIONS Jan 26 Tuesday House Finance 519 10:00 AM Joint w/(H) EDT + PNWER Regional Collaboration on Economic Revitalization ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Feb 02 Tuesday Senate Finance 532 11:30 AM + Briefings from Alaska Marines; Updates on VA Health Care, Education Benefits, Alaska Territorial Guard, Fisher House, Veterans Summit, and PTA Report Summaries. -- Testimony <Invitation Only> -- Feb 04 Thursday Senate Finance 532 11:30 AM + Briefings from Alaskan Command and Alaska Army National Guard -- Testimony <Invitation Only> -- ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Jan 29 Friday Fahrenkamp 203 12:00 PM Update - Campaign Year Restrictions and Prohibitions ---------------------------------------- OTHER MEETINGS FISH CAUCUS Jan 29 Friday Capitol 106 12:00 PM + Brown Bag Lunch ---------------------------------------- 2010-01-22 Senate Journal Page 1300 OTHER MEETINGS (continued) JOINT LEGISLATIVE HEALTH CAUCUS Feb 03 Wednesday Butrovich 205 12:00 PM Health Care Commission Report and Recommendations ---------------------------------------- JOINT SESSION Feb 18 Thursday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETINGS Feb 08 Monday Senate Finance 532 1:00 PM School District Legislative Fly-In Informal Q&A Session Regarding Alaska's Public School System Mar 29 Monday Senate Finance 532 1:00 PM School District Legislative Fly-In Informal Q&A Session Regarding Alaska's Public School System