Legislature(2009 - 2010)
2010-03-22 Senate Journal
Full Journal pdf2010-03-22 Senate Journal Page 1905 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 22, 2010 Sixty-third Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:00 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Reverend Judy Shook of Aldersgate United Methodist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. H'ike Grant us the knowledge ' Double knowledge (Good/Bad) 'I'ini Grant us the na'au (Desire) 'I' Double na'au (Good/Bad) Grant us spiritually Double spiritually (Wailua) Grant, Grant, Grant double vision E Ola Let it live (Hawaiian chant written by Kumu Keala Ching) Senator Kookesh led the Senate in the Pledge of Allegiance. 2010-03-22 Senate Journal Page 1906 Certification Senator Ellis moved and asked unanimous consent that the journals for the fifty-ninth through sixty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 19 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 73 CS FOR HOUSE BILL NO. 73(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to special fire fighter and emergency medical service provider license plates; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. Communications Letter dated March 12 and received March 22, from Chief Justice Walter L. Carpeneti of the Alaska Supreme Court, was read stating pursuant to AS 24.60.130(b)(3) the following public member was nominated for appointment to the Select Committee on Legislative Ethics: Antoinette Mallott President Stevens referred the nomination to the Judiciary Committee. 2010-03-22 Senate Journal Page 1907 Standing Committee Reports SB 144 The Finance Committee considered SENATE BILL NO. 144 "An Act relating to hunting permits and tag fees for musk oxen" and recommended it be replaced with CS FOR SENATE BILL NO. 144(FIN) Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Egan, Olson. Signing no recommendation: Senator Huggins. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Fish and Game The bill was referred to the Rules Committee. SB 215 The Finance Committee considered SENATE BILL NO. 215 "An Act requiring the Department of Health and Social Services to accept federal prescription drug benefits or to provide comparable benefits for residents of the Alaska Pioneers' Home." Signing do pass: Senator Hoffman, Cochair; Senator Egan. Signing no recommendation: Senator Stedman, Cochair; Senators Olson, Huggins. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Rules Committee. SB 238 The Finance Committee considered SENATE BILL NO. 238 "An Act amending the eligibility threshold for medical assistance for persons in a medical or intermediate care facility." Signing do pass: Senator Hoffman, Cochair; Senator Egan. Signing no recommendation: Senator Stedman, Cochair; Senators Huggins, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Rules Committee. 2010-03-22 Senate Journal Page 1908 SB 242 The Resources Committee considered SENATE BILL NO. 242 "An Act providing income tax credits for geothermal resource exploration and development" and recommended it be replaced with CS FOR SENATE BILL NO. 242(RES) Signing do pass: Senator McGuire, Cochair; Senator Wagoner. Signing no recommendation: Senator Wielechowski, Cochair; Senators Stevens, French. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, zero, Department of Natural Resources The bill was referred to the Finance Committee. SB 243 The Resources Committee considered SENATE BILL NO. 243 "An Act removing the royalty obligation for geothermal resources" and recommended it be replaced with CS FOR SENATE BILL NO. 243(RES) "An Act relating to the royalty obligation for geothermal resources." Signing do pass: Senator McGuire, Cochair. Signing no recommendation: Senator Wielechowski, Cochair; Senators Stevens, French. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Natural Resources Fiscal Note No. 2, zero, Department of Revenue The bill was referred to the Finance Committee. 2010-03-22 Senate Journal Page 1909 SB 246 The Finance Committee considered SENATE BILL NO. 246 "An Act increasing the number of superior court judges designated for the third judicial district; and providing for an effective date." Signing no recommendation: Senators Hoffman, Stedman, Cochairs; Senators Huggins, Olson. Signing do pass: Senator Egan. The following previously published fiscal information applies: Fiscal Note No. 1, Alaska Court System Fiscal Note No. 2, zero, Alaska Court System The bill was referred to the Rules Committee. SB 257 The Finance Committee considered SENATE BILL NO. 257 "An Act relating to funding for youth courts; and relating to accounting for criminal fines." Signing do pass: Senator Stedman, Cochair; Senators Huggins, Egan. Signing no recommendation: Senator Hoffman, Cochair; Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Health and Social Services Fiscal Note No. 3, zero, Department of Law The bill was referred to the Rules Committee. SB 292 The Labor and Commerce Committee considered SENATE BILL NO. 292 "An Act relating to the registration and operation of pawnbrokers and to the exemption for pawnbrokers under the Alaska Small Loans Act; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 292(L&C) "An Act relating to the registration and operation of pawnbrokers, to the exemption for pawnbrokers under the Alaska Small Loans Act, and to the exclusion of pawnbrokers under certain definitions in the Uniform Commercial Code; and providing for an effective date." 2010-03-22 Senate Journal Page 1910 Signing do pass: Senator Paskvan, Chair; Senators Davis, Bunde. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development President Stevens added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 300 The Labor and Commerce Committee considered SENATE BILL NO. 300 "An Act relating to loan participations and development finance projects of the Alaska Industrial Development and Export Authority; and relating to loans from the rural development initiative fund." Signing do pass: Senator Paskvan, Chair; Senator Davis. Signing no recommendation: Senator Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, zero, Department of Revenue Fiscal Note No. 3, zero, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. SB 301 The Resources Committee considered SENATE BILL NO. 301 "An Act relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; providing legislative approval for the sale and purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010; and providing for an effective date." Signing do pass: Senators McGuire, Wielechowski, Cochairs. Signing no recommendation: Senators Huggins, Stevens, Stedman, Wagoner, French. 2010-03-22 Senate Journal Page 1911 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities Fiscal Note No. 2, zero, Department of Revenue Fiscal Note No. 3, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 4, indeterminate, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 308 SENATE BILL NO. 308 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act relating to the determination of population for purposes of per capita payment increases under the community revenue sharing program; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs Committee. Consideration of the Calendar Second Reading of Senate Bills SB 209 SENATE BILL NO. 209 "An Act providing the Alaska State Council on the Arts the authority to adopt regulations relating to its statutory powers and duties; and providing for an effective date" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2010-03-22 Senate Journal Page 1912 SENATE BILL NO. 209 was read the third time. The question being: "Shall SENATE BILL NO. 209 "An Act providing the Alaska State Council on the Arts the authority to adopt regulations relating to its statutory powers and duties; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 209 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE BILL NO. 209 passed the Senate. Senator Ellis 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. Second Reading of House Resolutions HJR 24 HOUSE JOINT RESOLUTION NO. 24 Urging the United States Congress and the United States Department of Agriculture to extend the basic housing allowance exclusion to all military families for purposes of the school nutrition program, was read the second time. Senator Ellis moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 24 was read the third time. 2010-03-22 Senate Journal Page 1913 The question being: "Shall HOUSE JOINT RESOLUTION NO. 24 Urging the United States Congress and the United States Department of Agriculture to extend the basic housing allowance exclusion to all military families for purposes of the school nutrition program, pass the Senate?" The roll was taken with the following result: HJR 24 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, HOUSE JOINT RESOLUTION NO. 24 passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - The Filipino Community of Anchorage, Alaska Inc. 45th Annual Founder's Day Banquet and Ball Senator(s) Meyer, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Dave and Joann Lesh Representative(s) Thomas Senator(s) Kookesh, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Oliver Price, 2010 Alaska State Spelling Bee Champion Representative(s) Thomas Senator(s) Kookesh, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2010-03-22 Senate Journal Page 1914 In Memoriam - Norman Tibbetts Senator(s) Bunde, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Ellis 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 SB 143 Senator McGuire, Chair, moved and asked unanimous consent that the Special Committee on Energy referral be waived on SENATE BILL NO. 143 "An Act establishing the Greater Railbelt Energy and Transmission Corporation and relating to the corporation; relating to transition, financial plan, and reporting requirements regarding planning for the initial business operations of the Greater Railbelt Energy and Transmission Corporation; relating to a report on legislation regarding the Regulatory Commission of Alaska and the Greater Railbelt Energy and Transmission Corporation; authorizing the Alaska Energy Authority to convey the Bradley Lake Hydroelectric Project and the Alaska Intertie to the Greater Railbelt Energy and Transmission Corporation; and providing for an effective date." Without objection, the bill was referred to the Resources Committee. Announcements Announcements are at the end of the journal. Engrossment SB 209 SENATE BILL NO. 209 "An Act providing the Alaska State Council on the Arts the authority to adopt regulations relating to its statutory powers and duties; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2010-03-22 Senate Journal Page 1915 Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 23, 2010. Without objection, the Senate adjourned at 11:33 a.m. Kirsten Waid Secretary of the Senate 2010-03-22 Senate Journal Page 1916 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 23 Tuesday Beltz 105 (tsbldg) 3:30 PM -- MEETING CANCELED -- Bills Previously Heard/Scheduled Mar 25 Thursday Beltz 105 (tsbldg) 3:30 PM + SB 201 MUNICIPAL PROPERTY TAX EXEMPTIONS + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Mar 22 Monday Beltz 105 (tsbldg) 8:00 AM + Bills Previously Heard/Scheduled Mar 24 Wednesday Beltz 105 (tsbldg) 8:00 AM + HB 360 YOUTH ACADEMY: STUDENT RECORDS + Bills Previously Heard/Scheduled Mar 26 Friday Beltz 105 (tsbldg) 8:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- 2010-03-22 Senate Journal Page 1917 FINANCE Mar 22 Monday Senate Finance 532 9:00 AM += SB 144 MUSK OXEN PERMITS += SB 215 PIONEERS HOME RX DRUG BENEFIT += SB 219 TRAUMATIC BRAIN INJURY:PROGRAM/MEDICAID += SB 238 MEDICAID FOR MEDICAL & INTERMEDIATE CARE += SB 246 INCREASING NUMBER OF SUPERIOR CT JUDGES += SB 257 YOUTH COURTS AND CRIMINAL FINES + SB 237 SCHOOL CONSTRUCTION DEBT REIMBURSEMENT + Bills Previously Heard/Scheduled Mar 22 Monday Senate Finance 532 1:30 PM + SB 247 EXTENDING BOARD OF PHARMACY + SB 248 EXTEND BD OF MARITAL & FAMILY THERAPY + SB 262 EXTEND BOARD OF SOCIAL WORK EXAMINERS + SB 263 EXTEND BOARD OF PROFESSIONAL COUNSELORS + Bills Previously Heard/Scheduled Mar 23 Tuesday Senate Finance 532 9:00 AM += HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 302 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled Mar 23 Tuesday Senate Finance 532 1:30 PM + SB 217 GUARANTEED REVENUE BONDS FOR VETERANS + SB 279 MORTGAGE LENDING + SB 284 CAMPAIGN EXPENDITURES + Bills Previously Heard/Scheduled Mar 24 Wednesday Senate Finance 532 9:00 AM + Statewide Public Testimony: += HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 302 APPROP: MENTAL HEALTH BUDGET + -- Public Testimony 2 Minute Limit -- 9:00 - 9:45 a.m. Juneau 10:00 - 10:45 a.m. Kenai, Valdez, Ketchikan, Kodiak, Seward, Matsu, Glennallen, Tok 1:30 - 2:15 p.m. Fairbanks 2:30 - 3:15 p.m. Anchorage 3:30 - 4:00 p.m. Sitka, Wrangell, Petersburg, Homer, Dillingham, Cordova 4:15 - 5:00 p.m. Bethel, Kotzebue, Barrow, Nome, Delta Junction, Offnets + Bills Previously Heard/Scheduled 2010-03-22 Senate Journal Page 1918 FINANCE (continued) Mar 25 Thursday Senate Finance 532 9:00 AM + SB 220 ENERGY EFFICIENCY/ ALTERNATIVE ENERGY + Bills Previously Heard/Scheduled Mar 25 Thursday Senate Finance 532 1:30 PM += HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 302 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled Mar 26 Friday Senate Finance 532 9:00 AM + SB 92 U.S. PRESIDENTIAL ELECTION COMPACT + SB 234 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD + SB 264 COMMERCIAL FISHING & AGRICULTURE BANK + Bills Previously Heard/Scheduled Mar 26 Friday Senate Finance 532 1:30 PM += HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 302 APPROP: MENTAL HEALTH BUDGET + Bills Previously Heard/Scheduled Mar 27 Saturday Senate Finance 532 10:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 22 Monday Butrovich 205 1:30 PM + HB 349 SUICIDE PREVENTION COUNCIL MEETINGS += SB 295 FLAME RETARDANTS AND TOXIC CHEMICALS + Bills Previously Heard/Scheduled Mar 24 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 26 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2010-03-22 Senate Journal Page 1919 JUDICIARY Mar 22 Monday Beltz 105 (tsbldg) 1:30 PM += SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST += SB 153 MOBILE HOMES AS REAL PROPERTY += SB 277 PUB. UTILITY EXEMPTION: RENEWABLE ENERGY + HB 319 FIREARMS + Bills Previously Heard/Scheduled Mar 24 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 46 CHILD SUPPORT AWARDS + SB 63 TRANSFER RESTRICTIONS ON TRUSTS + Bills Previously Heard/Scheduled Mar 26 Friday Beltz 105 (tsbldg) 1:30 PM + SB 190 BIOMETRIC INFORMATION FOR ID + SJR 28 ECUMENICAL PATRIARCHATE OF TURKEY + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 23 Tuesday Beltz 105 (tsbldg) 1:30 PM -- Please Note Time Change -- + SB 289 DISCLAIMERS; TRUSTS <Bill Hearing Canceled> + SB 296 LONG-TERM CARE INSURANCE + SB 278 LEAVE FOR MILITARY SPOUSES + Bills Previously Heard/Scheduled Mar 25 Thursday Beltz 105 (tsbldg) 1:30 PM -- Please Note Time Change -- += SB 258 DENTAL CARE INSURANCE + SCR 16 ECONOMIC DEVELOPMENT PLANNING COMMISSION + SB 303 WORKERS' COMPENSATION AND CONTRACTORS + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 22 Monday Butrovich 205 3:30 PM += SB 287 IN-STATE GAS PIPELINE += SB 294 SPORT FISH GUIDE LICENSES + SR 10 DOMESTIC NATURAL GAS & ALT. ENERGY + Bills Previously Heard/Scheduled 2010-03-22 Senate Journal Page 1920 RESOURCES (continued) Mar 24 Wednesday Butrovich 205 3:30 PM + SB 275 AQUATIC FARMING + SB 143 RAILBELT ENERGY & TRANSMISSION CORP. + Bills Previously Heard/Scheduled Mar 25 Thursday Butrovich 205 3:30 PM += SB 143 RAILBELT ENERGY & TRANSMISSION CORP. + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 23 Tuesday Beltz 105 (tsbldg) 9:00 AM + SB 282 PERMANENT FUND DIVIDEND AMOUNT FOR 2010 + SB 249 PUBLIC RECORDS/ELECTRONIC TRANSMISSIONS + Bills Previously Heard/Scheduled Mar 25 Thursday Beltz 105 (tsbldg) 9:00 AM + HCR 20 SEXUAL ASSAULT AWARENESS MONTH + HB 24 PROCUREMENT PREFERENCE FOR VETERANS + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 23 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Mar 25 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 30 Tuesday House Finance 519 4:30 PM Executive Session - Audit Review + Other Committee Business -- Testimony <Invitation Only> -- ---------------------------------------- 2010-03-22 Senate Journal Page 1921 JOINT COMMITTEES (continued) LEGISLATIVE COUNCIL Mar 22 Monday Senate Finance 532 5:00 PM + Late Per Diem Request Color Copier Approval Legislative Space (Executive Session) Personnel Policies Other Business ---------------------------------------- OTHER MEETINGS BUSH CAUCUS Mar 24 Wednesday House Finance 519 4:00 PM Education Forum: Important Educational Services Presentations by Gloria O'Neill, President, Cook Inlet Tribal Council Abbe Hensley, Director, Best Beginnings ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS Mar 24 Wednesday Butrovich 205 12:00 PM + The State of the Uninsured: Let's Ensure Their Health ---------------------------------------- JOINT SESSION Mar 31 Wednesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator Apr 09 Friday House Chamber 11:00 AM Confirmation of Governor's Appointees ---------------------------------------- 2010-03-22 Senate Journal Page 1922 OTHER MEETINGS (continued) MISCELLANEOUS MEETINGS Mar 29 Monday Senate Finance 532 1:00 PM School District Legislative Fly-In Informal Q&A Session Regarding Alaska's Public School System