Legislature(2011 - 2012)
2011-02-11 Senate Journal
Full Journal pdf2011-02-11 Senate Journal Page 0231 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday February 11, 2011 Twenty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:00 a.m. The roll showed sixteen members present. Senators Dyson, Hoffman, Olson were excused from a call of the Senate. Senator McGuire was absent. The prayer was offered by the Chaplain, Pastor Steve Evenson of the Juneau Seventh-day Adventist Church. Senator Ellis moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God of the universe, whose power is great, who is ever ready to hear from his children, who loves us, we come before you this day, recognizing our need of you for guidance in the matters of state. This day is a new day and the matters that are before us require us to be of sound mind and judgment. We ask today for wisdom, understanding, patience, so it is our desire this day for your presence in this session today. Many have gone before us that have paved the way for where we are today. May we be faithful to all who have gone before us as we lead this great state. The want of the world is for men and women to stand for the right and call wrong, wrong. May each one here today be of sober thought and actions. In the Name of Lord Jesus. Amen. 2011-02-11 Senate Journal Page 0232 Senator Menard led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the twenty-third and twenty-fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator McGuire was noted. Standing Committee Reports SB 17 The Health and Social Services Committee considered SENATE BILL NO. 17 "An Act classifying certain synthetic cannabinoids as schedule IIA controlled substances; and providing for an effective date." Signing do pass: Senator Davis, Chair; Senators Ellis, Meyer, Egan, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, Department of Public Safety Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, indeterminate, Department of Corrections President Stevens added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 18 The State Affairs Committee considered SENATE BILL NO. 18 "An Act relating to the duration of regular sessions of the legislature; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 18(STA) "An Act relating to the convening and duration of regular sessions of the legislature; and providing for an effective date." 2011-02-11 Senate Journal Page 0233 Signing no recommendation: Senator Wielechowski, Chair; Senators, Meyer, Giessel. Signing do pass: Senator Paskvan. The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency The bill was referred to the Finance Committee. SB 39 The State Affairs Committee considered SENATE BILL NO. 39 "An Act ratifying an interstate compact to elect the President and Vice- President of the United States by national popular vote; and making related changes to statutes applicable to the selection by voters of electors for candidates for President and Vice- President of the United States and to the duties of those electors." Signing no recommendation: Senator Wielechowski, Chair; Senators Paskvan, Meyer. Signing do not pass: Senator Giessel. The following fiscal information was published today: Fiscal Note No. 1, zero, Office of the Governor The bill was referred to the Judiciary Committee. SB 62 The Judiciary Committee considered SENATE BILL NO. 62 "An Act allowing appropriations to the civil legal services fund from court filing fees." Signing do pass: Senator French, Chair; Senators Wielechowski, Paskvan, McGuire. Signing no recommendation: Senator Coghill. The following fiscal information was published today: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Law The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 87 SENATE BILL NO. 87 BY SENATOR FRENCH, entitled: 2011-02-11 Senate Journal Page 0234 "An Act establishing a program in the Department of Commerce, Community, and Economic Development for payment of grants to health care providers for care of patients who are 65 years of age or older." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 88 SENATE BILL NO. 88 BY SENATOR MCGUIRE, entitled: "An Act relating to display, folding, presentment, and retirement of the state flag." was read the first time and referred to the State Affairs Committee. Consideration of the Calendar Citations Honoring - Florence and Harold Esmailka, 50th Wedding Anniversary Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Dick Honoring - University of Alaska Trio Programs Representative(s) Guttenberg Senator(s) Paskvan, Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Stedman, Wagoner, Wielechowski Commemorating - March 2011 American Red Cross Month Representative(s) Millett Senator(s) McGuire, Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-02-11 Senate Journal Page 0235 Commemorating - Law Enforcement Memorial Day, May 6, 2011 Representative(s) Chenault Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski In Memoriam - Beulah Elaine Roppel Senator(s) Stedman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Thomas, Wagoner, Wielechowski Representative(s) Johansen In Memoriam - Maurice Tyrone Mitchell Senator(s) Davis, Stevens, Coghill, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - John W. Billings, Sr. Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Dick In Memoriam - Peter F. Mysing Representative(s) Chenault, Olson Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski In Memoriam - Andrew Lawrence Mullen Representative(s) Fairclough Senator(s) Meyer, Dyson, Stevens, Coghill, Davis, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Sylvia Carlsson Representative(s) Gardner Senator(s) Ellis, Stevens, Coghill, Davis, Dyson, Egan, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-02-11 Senate Journal Page 0236 Senator Meyer 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 Meyer 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 - Sharon Leon, Executive Director, Anchorage Youth Court Representative(s) Holmes, Costello Senator(s) French, McGuire, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Meyer moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Huggins moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 2 through morning plane time, March 7. Without objection, Senator Huggins was excused. Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate on February 14, to morning plane time. Without objection, Senator Ellis was excused. Senator McGuire moved and asked unanimous consent to be excused from a call of the Senate from February 14 through evening plane time, February 15. Without objection, Senator McGuire was excused. SB 11 Senator Ellis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 11 "An Act relating to the commission of a crime when the defendant directed the conduct 2011-02-11 Senate Journal Page 0237 constituting the crime at the victim based on the victim's race, sex, color, creed, physical or mental disability, sexual orientation, gender identity, ancestry, or national origin." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment and Enrollment SR 2 SENATE RESOLUTION NO. 2 Urging the United States Congress to fund fully the essential air service program, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:23 a.m., February 10, 2011. Senate Resolve No. 2 Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 14, 2011. Without objection, the Senate adjourned at 10:16 a.m. Kirsten Waid Secretary of the Senate 2011-02-11 Senate Journal Page 0238 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 15 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Feb 17 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 11 Friday Beltz 105 (tsbldg) 8:00 AM += SB 43 ALASKA PERFORMANCE SCHOLARSHIPS Bills Previously Heard/Scheduled Feb 14 Monday Beltz 105 (tsbldg) 8:00 AM + SB 9 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY + SB 83 TEACHER BOARD CERTIFICATION INCENTIVES Bills Previously Heard/Scheduled Feb 16 Wednesday Beltz 105 (tsbldg) 8:00 AM + SB 8 STUDENT QUESTIONNAIRES AND SURVEYS Bills Previously Heard/Scheduled Feb 18 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Mar 09 Wednesday Barnes 124 8:00 AM + Joint House/Senate Education Committee Meeting Presentation: Best Beginnings/Early Childhood Program 2011-02-11 Senate Journal Page 0239 EDUCATION (continued) Mar 11 Friday Barnes 124 8:00 AM Joint House/Senate Education Committee Meeting + Presentation: Higher Education and Career Readiness Task Force Mar 18 Friday Barnes 124 8:00 AM Joint House/Senate Education Committee Meeting + Presentation: State Board of Education and Early Development ---------------------------------------- FINANCE Feb 11 Friday Senate Finance 532 9:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Feb 14 Monday Senate Finance 532 9:00 AM + SB 1 BD OF ED./EARLY DEVELOPMENT ANNUAL REPORT + Bills Previously Heard/Scheduled Feb 15 Tuesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Feb 16 Wednesday Senate Finance 532 9:00 AM + U of A Budget Subcommittee - Cmte of the Whole + Bills Previously Heard/Scheduled Feb 17 Thursday Senate Finance 532 9:00 AM + SB 46 BUDGET: CAPITAL + SB 47 APPROP: OPERATING BUDGET/LOANS/FUNDS + SB 48 APPROP: MENTAL HEALTH BUDGET + Introduction of the Governor's Budget Amendments by the Office of Management and Budget + Bills Previously Heard/Scheduled Feb 18 Friday Senate Finance 532 8:00 AM -- Time Change -- + Goose Creek Correctional Center Presentation by Department of Corrections + Bills Previously Heard/Scheduled ---------------------------------------- 2011-02-11 Senate Journal Page 0240 HEALTH & SOCIAL SERVICES Feb 11 Friday Butrovich 205 1:30 PM No Meeting Scheduled Feb 14 Monday Butrovich 205 1:30 PM No Meeting Scheduled Feb 16 Wednesday Butrovich 205 1:30 PM Presentation: The Alaska Children's Alliance Feb 18 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 11 Friday Beltz 105 (tsbldg) 1:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Feb 14 Monday Capitol 120 1:00 PM -- Time and Location Change -- + Joint Hearing with House Judiciary Committee Presentation by Attorney General Burns Alaska Department of Law Feb 16 Wednesday Beltz 105 (tsbldg) 1:30 PM += SB 58 INCREASING NUMBER OF SUPERIOR CT JUDGES += SB 72 CRIMES INVOLVING MINORS/STALKING/INFO + SB 11 HATE CRIMES + SB 39 U.S. PRESIDENTIAL ELECTION COMPACT + Bills Previously Heard/Scheduled Feb 18 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 15 Tuesday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled += SB 70 ALASKA HEALTH BENEFIT EXCHANGE 2011-02-11 Senate Journal Page 0241 LABOR & COMMERCE (continued) Feb 17 Thursday Beltz 105 (tsbldg) 1:30 PM + SB 23 FILM PRODUCTION TAX CREDIT + SB 64 RESEARCH AND DEVELOPMENT TAX CREDIT + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 11 Friday Butrovich 205 3:30 PM += SB 42 POWER PROJECT; ALASKA ENERGY AUTHORITY Presentation by AEA (continued from previous meeting if necessary) Public Comment Feb 14 Monday Butrovich 205 3:30 PM + Presentation by Energia Cura + Presentation by Larry Persily: 2/2/11 Report Prepared for the Office of the Federal Coordinator, Alaska Natural Gas Transportation Projects Feb 16 Wednesday Butrovich 205 3:30 PM += SB 42 POWER PROJECT; ALASKA ENERGY AUTHORITY Feb 18 Friday Butrovich 205 3:30 PM No Meeting Scheduled Feb 19 Saturday Butrovich 205 10:00 AM -- Note Day and Time Change of Meeting -- += SB 24 SPORT FISHING GUIDING SERVICES Public Comment += SB 44 SOUTHEAST STATE FOREST Public Comment ---------------------------------------- STATE AFFAIRS Feb 15 Tuesday Butrovich 205 9:00 AM + SB 61 2011 REVISOR'S BILL Bills Previously Heard/Scheduled Feb 17 Thursday Butrovich 205 9:00 AM Bills Previously Heard/Scheduled ---------------------------------------- 2011-02-11 Senate Journal Page 0242 TRANSPORTATION Feb 15 Tuesday Butrovich 205 1:00 PM + SB 79 APPROP.: KNIK ARM CROSSING FUND + SB 80 KNIK ARM BRIDGE AND TOLL AUTHORITY + Bills Previously Heard/Scheduled Feb 17 Thursday Butrovich 205 1:00 PM + SB 19 PASSENGER VEHICLE RENTAL TAX + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Feb 22 Tuesday Senate Finance 532 8:00 AM Overview Mar 08 Tuesday Senate Finance 532 3:00 PM Divisions TBA Mar 15 Tuesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- CORRECTIONS Mar 08 Tuesday Fahrenkamp 203 5:30 PM -- Rescheduled from 3/3/11 -- Rehabilitation and Parole Initiatives Mar 10 Thursday Fahrenkamp 203 5:30 PM Inmate Health Care, Medical Information System Community Residential Centers, Community Jails Mar 17 Thursday Fahrenkamp 203 5:30 PM Closeout ---------------------------------------- COURT SYSTEM Feb 22 Tuesday Sen Conf Rm 103 Tsb 4:00 PM + FY12 Budget Request Mar 15 Tuesday Sen Conf Rm 103 Tsb 3:00 PM + Closeout ---------------------------------------- 2011-02-11 Senate Journal Page 0243 EDUCATION & EARLY DEVELOPMENT Feb 24 Thursday Fahrenkamp 203 4:00 PM + Overview & FY12 Request Mar 01 Tuesday Fahrenkamp 203 4:00 PM + FY12 Budget Request Mar 10 Thursday Fahrenkamp 203 4:00 PM + FY12 Budget Request Mar 17 Thursday Fahrenkamp 203 4:00 PM + Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 17 Thursday House Finance 519 11:30 AM Joint with House + Department Overview and FY 12 Budget Request Feb 18 Friday House Finance 519 11:30 AM Joint with House + Department Overview and FY 12 Budget Request Mar 07 Monday Butrovich 205 12:00 PM + Department Overview and FY 12 Budget Request Mar 10 Thursday Fahrenkamp 203 2:30 PM + Department Overview and FY 12 Budget Request Mar 14 Monday Butrovich 205 12:00 PM + Department Overview and FY 12 Budget Request ---------------------------------------- FISH & GAME Feb 17 Thursday Beltz 105 (tsbldg) 8:00 AM + Department Budget Overview -- Testimony <Invitation Only> -- Feb 24 Thursday Beltz 105 (tsbldg) 8:00 AM + Status of FY 2011 Budget -- Testimony <Invitation Only> -- 2011-02-11 Senate Journal Page 0244 FISH & GAME (continued) Mar 10 Thursday Beltz 105 (tsbldg) 8:00 AM + Other topics of interest to the committee not covered previously, Budget Amendments, Q&A -- Testimony <Invitation Only> -- Mar 17 Thursday Beltz 105 (tsbldg) 8:00 AM + Budget Close Out -- Testimony <Invitation Only> -- ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 14 Monday Beltz 105 (tsbldg) 3:30 PM + Department Budget Overview -- Testimony <Invitation Only> -- Feb 16 Wednesday Beltz 105 (tsbldg) 3:30 PM + Public Health -- Testimony <Invitation Only> -- Feb 21 Monday Beltz 105 (tsbldg) 3:30 PM + Behavioral Health - System wide including implications in other areas, not just the Behavioral Health budget component, focus on API. -- Testimony <Invitation Only> -- Feb 23 Wednesday Beltz 105 (tsbldg) 3:30 PM + Medicaid, possible Affordable Care Act and impact on Medicaid and the Division of Public Assistance, Home and Community Based Rates, Residential Psychiatric Treatment Center Rates, CMS moratorium, Division of Senior and Disability Services Corrective Action Plan -- Testimony <Invitation Only> -- Mar 09 Wednesday Beltz 105 (tsbldg) 3:30 PM + Other topics of interest to the committee not covered previously, Q&A, Governor's Budget Amendments -- Testimony <Invitation Only> -- Mar 16 Wednesday Beltz 105 (tsbldg) 3:30 PM + Budget Close Out -- Testimony <Invitation Only> -- 2011-02-11 Senate Journal Page 0245 LABOR & WORKFORCE DEVELOPMENT Feb 14 Monday Fahrenkamp 203 12:00 PM Budget Overview by Commissioner Clark Bishop Department Overview Mar 09 Wednesday Fahrenkamp 203 4:00 PM Budget Overview Continued (if necessary) Mar 10 Thursday Fahrenkamp 203 11:00 AM Budget: Department Addresses Additional Questions and Overview of House Budget Actions Mar 14 Monday Fahrenkamp 203 4:00 PM Budget Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS Feb 22 Tuesday Butrovich 205 12:00 PM + Overview of the Department & FY12 Budget Request Mar 08 Tuesday Butrovich 205 12:00 PM + Overview of the Department & FY12 Budget Request Mar 10 Thursday Butrovich 205 12:00 PM + Overview of the Department & FY 12 Budget Request Mar 15 Tuesday Butrovich 205 12:00 PM + Overview of the Department & FY12 Budget Request ---------------------------------------- NATURAL RESOURCES Feb 17 Thursday Butrovich 205 3:30 PM Budget Overview by Commissioner Dan Sullivan Department Overview Mar 08 Tuesday Fahrenkamp 203 12:00 PM Budget & Department Overview Continued (if necessary) Mar 11 Friday Fahrenkamp 203 12:00 PM Budget - Department Addresses Committee Questions Overview of House Budget Actions Mar 17 Thursday Fahrenkamp 203 12:00 PM Budget Closeout 2011-02-11 Senate Journal Page 0246 PUBLIC SAFETY Feb 15 Tuesday Beltz 105 (tsbldg) 8:00 AM + Status of VPSO Program + Status of AST Recruitment and Retention -- Testimony <Invitation Only> -- Feb 22 Tuesday Beltz 105 (tsbldg) 8:00 AM + Domestic Violence & Sexual Assault Programs -- Testimony <Invitation Only> -- Mar 08 Tuesday Beltz 105 (tsbldg) 8:00 AM + Pre-Close-Out and Question/Answer Session -- Testimony <Invitation Only> -- Mar 15 Tuesday Beltz 105 (tsbldg) 8:00 AM + Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 15 Tuesday Fahrenkamp 203 1:30 PM + Overview: Regulation Process ---------------------------------------- HIGHER EDUC/CAREER READINESS TASK FORCE Mar 10 Thursday Terry Miller Gym 9:00 AM + Discuss Preliminary (Draft) Recommendations to the Legislature Detailed Agenda to be Announced Mar 11 Friday Terry Miller Gym 1:00 PM + Discuss Preliminary (Draft) Recommendations to the Legislature Detailed Agenda to be Announced ---------------------------------------- LEGISLATIVE COUNCIL Feb 17 Thursday Tba 11:00 AM -- Meeting Postponed to 2/24/11 -- Agenda Forthcoming 2011-02-11 Senate Journal Page 0247 LEGISLATIVE COUNCIL (continued) Feb 24 Thursday House Finance 519 11:00 AM -- MEETING CANCELED -- -- Rescheduled from 2/17/11 -- Agenda Forthcoming Mar 17 Thursday House Finance 519 11:00 AM Agenda Forthcoming Apr 07 Thursday House Finance 519 11:00 AM Agenda Forthcoming ---------------------------------------- OTHER MEETINGS FISH CAUCUS Feb 15 Tuesday Capitol 106 12:00 PM + Totem Ocean Trailer Seafood Product Transportation ---------------------------------------- JOINT SESSION Feb 24 Thursday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator Mar 09 Wednesday House Chamber 11:00 AM State of the Judiciary Address by Chief Justice Walter Carpeneti Mar 22 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator