Legislature(2011 - 2012)
2011-02-28 Senate Journal
Full Journal pdf2011-02-28 Senate Journal Page 0393 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday February 28, 2011 Forty-second Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:00 a.m. The roll showed seventeen members present. Senators Coghill, Kookesh, Stedman were excused from a call of the Senate. The prayer was offered by the Chaplain, Reverend Sarah Schurr of the Unitarian Universalist Fellowship of Juneau and Fairbanks. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. I invoke the Spirit of God, called by so many different names in so many different places and in so many different hearts. Bless those who have answered the call to be leaders among the people. May they be their best selves in doing this important work. Those who are elected by their peers to speak for their community and carry forth the needs and wants of Alaskan people from all over this vast state. Bless those who have stepped forward to be keepers of the vision and the mission of our government and the trustees of our future. May they call on the gift of listening, as they hear the petitionary voices of their constituents and the well intentioned voices of their legislative colleagues. May they call on the gift of reason, as they thoughtfully consider complex matters of law and policy set before them, many of which have no simple answer. May they call on the gift of compassion, as they consider the impact of their decisions on citizens 2011-02-28 Senate Journal Page 0394 who are dealing with difficult times. Lastly, may they call on the gift of courage, as they assume this great responsibility of leadership and sacred stewardship of tomorrow. May it be so. Senator Davis led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the thirty-ninth through forty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 25 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 98 HOUSE BILL NO. 98 BY REPRESENTATIVES JOHNSON, Hawker, Keller, Costello, Chenault, Olson, Millett, Fairclough, Kerttula, Feige, Thomas, P.Wilson, Kawasaki, 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. Communications The following report is on file in the Office of the Secretary of the Senate: State of Alaska Citizens' Advisory Commission on Federal Areas 2010 Annual Report from Stan Leaphart, Executive Director in accordance with AS 41.37.220(f) 2011-02-28 Senate Journal Page 0395 Standing Committee Reports SB 11 The Judiciary Committee considered SENATE BILL NO. 11 "An Act relating to the commission of a crime when the defendant directed the conduct 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." Signing do pass: Senator French, Chair; Senator Wielechowski. Signing do not pass: Senator Coghill. Signing no recommendation: Senator Paskvan. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Corrections Fiscal Note No. 2, zero, Department of Law The bill was referred to the Finance Committee. SB 39 The Judiciary 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 do pass: Senator French, Chair. Signing do not pass: Senator Coghill. Signing no recommendation: Senators Wielechowski, Paskvan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Office of the Governor The bill was referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 3 SENATE BILL NO. 3 "An Act providing for funding for school lunch and breakfast" was read the second time. 2011-02-28 Senate Journal Page 0396 Senator Hoffman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 337. Without objection, CS FOR SENATE BILL NO. 3(FIN) "An Act providing for funding for school lunch and breakfast; and providing for an effective date" was adopted. Senator Meyer 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. CS FOR SENATE BILL NO. 3(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 3(FIN) "An Act providing for funding for school lunch and breakfast; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 3(FIN) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Excused: Coghill, Kookesh, Stedman and so, CS FOR SENATE BILL NO. 3(FIN) passed the Senate. Senator Meyer 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 In Memoriam - Howard Verrue Elliott Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Herron 2011-02-28 Senate Journal Page 0397 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. Unfinished Business HB 98 Senators McGuire, Giessel, Meyer, Menard, Ellis, Wagoner, Egan, Dyson, Stevens moved and asked unanimous consent to be shown as cross sponsors on HOUSE BILL NO. 98 "An Act relating to display, folding, presentment, and retirement of the state flag." Without objection, it was so ordered. Senator Paskvan moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 2 through evening plane time, March 6. Without objection, Senator Paskvan was excused. Senator Huggins moved and asked unanimous consent to amend a prior excusal (page 236) in order to be excused from a call of the Senate from afternoon plane time, March 1 through morning plane time, March 8. Without objection, Senator Huggins was excused. Senator Meyer moved and asked unanimous consent to return to reports of standing committees. Without objection, the Senate returned to: Standing Committee Reports SB 8 The Education Committee considered SENATE BILL NO. 8 "An Act relating to questionnaires and surveys administered in the public schools." Signing do pass: Senator Thomas, Cochair; Senators Davis, French. Signing no recommendation: Senator Meyer, Cochair; Senator Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Health and Social Services Committee. 2011-02-28 Senate Journal Page 0398 Announcements Announcements are at the end of the journal. Engrossment SB 3 CS FOR SENATE BILL NO. 3(FIN) "An Act providing for funding for school lunch and breakfast; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 1, 2011. Without objection, the Senate adjourned at 11:41 a.m. Kirsten Waid Secretary of the Senate 2011-02-28 Senate Journal Page 0399 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 01 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 03 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 08 Tuesday Beltz 105 (tsbldg) 3:30 PM + HB 65 SENIOR CITIZEN HOUSING DEV. FUND GRANTS + SB 94 SECOND VERSE OF ALASKA'S STATE SONG Mar 10 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 28 Monday Beltz 105 (tsbldg) 8:00 AM += SB 8 STUDENT QUESTIONNAIRES AND SURVEYS + SB 6 PREKINDERGARTEN SCHOOL PROGRAMS/PLANS + University of Alaska Chancellor's Presentation + Bills Previously Heard/Scheduled Mar 02 Wednesday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Mar 04 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled 2011-02-28 Senate Journal Page 0400 EDUCATION (continued) Mar 07 Monday Beltz 105 (tsbldg) 8:00 AM + SB 84 VOC ED FUNDING/BASE STUDENT ALLOCATION + SB 73 EDUC. FUNDING: BASIC/SPEC NEEDS/TRANSPORT + Bills Previously Heard/Scheduled Mar 09 Wednesday Barnes 124 8:00 AM + Joint House/Senate Education Committee Meeting Presentation: Best Beginnings/Early Childhood Program 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 28 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 01 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 02 Wednesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 03 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 04 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- 2011-02-28 Senate Journal Page 0401 HEALTH & SOCIAL SERVICES Feb 28 Monday Butrovich 205 1:30 PM += SB 27 FLAME RETARDANTS AND TOXIC CHEMICALS + SB 52 MENTAL HEALTH CARE INSURANCE BENEFIT Bills Previously Heard/Scheduled Mar 02 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 04 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 28 Monday Beltz 105 (tsbldg) 1:30 PM + SB 30 RETURN OF SEIZED PROPERTY + SB 61 2011 REVISOR'S BILL + Bills Previously Heard/Scheduled Mar 02 Wednesday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled Mar 04 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 01 Tuesday Beltz 105 (tsbldg) 2:00 PM -- Note Time Change from 1:30 p.m. -- + SB 87 GRANTS FOR SENIORS' MEDICAL CARE + Bills Previously Heard/Scheduled += SB 68 COMMERCIAL FISHING & AGRICULTURE BANK += SB 92 DENTISTS/DENTAL HYGIENISTS/ASSISTANTS Mar 03 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- 2011-02-28 Senate Journal Page 0402 RESOURCES Feb 28 Monday Butrovich 205 3:30 PM Bills Previously Heard/Scheduled += SB 85 TAX CREDIT FOR NEW OIL & GAS DEVELOPMENT Presentation by Departments += SB 91 SPORT FISHING GUIDING SERVICES Public Testimony Mar 02 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 04 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- RULES Feb 28 Monday Butrovich 205 12:00 PM SCR 5 UNIFORM RULES; MASON'S MANUAL -- Testimony <Invitation Only> -- ---------------------------------------- STATE AFFAIRS Mar 01 Tuesday Butrovich 205 9:00 AM += SB 93 SPECIALTY LICENSE PLATES Delegating Authority to DMV += SB 2 LICENSE PLATES: NATIONAL RIFLE ASSN. += SB 16 SPECIAL REQUEST LICENSE PLATES Choose Life and Pro-Family, Pro-Choice + SB 36 OPT-OUT CHARITABLE GIVING PROGRAM + SCR 1 LUPUS AWARENESS MONTH Bills Previously Heard/Scheduled Mar 03 Thursday Butrovich 205 9:00 AM No Meeting Scheduled ---------------------------------------- 2011-02-28 Senate Journal Page 0403 TRANSPORTATION Mar 01 Tuesday Butrovich 205 1:00 PM -- Meeting Postponed to March 8 -- + SB 37 TRANSPORTATION INFRASTRUCTURE FUND + Bills Previously Heard/Scheduled Mar 03 Thursday Butrovich 205 1:00 PM No Meeting Scheduled Mar 08 Tuesday Butrovich 205 1:00 PM -- Meeting Postponed from March 1 -- + SB 37 TRANSPORTATION INFRASTRUCTURE FUND + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV 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 ---------------------------------------- 2011-02-28 Senate Journal Page 0404 COURT SYSTEM Mar 15 Tuesday Sen Conf Rm 103 Tsb 3:00 PM + Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT 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 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 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> -- ---------------------------------------- 2011-02-28 Senate Journal Page 0405 GOVERNOR Mar 16 Wednesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES 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> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT 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 ---------------------------------------- LAW Mar 01 Tuesday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- Budget Detail Mar 08 Tuesday Fahrenkamp 203 1:30 PM Budget Detail Mar 15 Tuesday Fahrenkamp 203 1:30 PM Subcommittee Closeout 2011-02-28 Senate Journal Page 0406 LEGISLATURE Mar 16 Wednesday Senate Finance 532 3:10 PM Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS 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 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 ---------------------------------------- PUBLIC SAFETY 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> -- ---------------------------------------- 2011-02-28 Senate Journal Page 0407 REVENUE Mar 03 Thursday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- Budget Detail Mar 10 Thursday Fahrenkamp 203 1:30 PM -- Agenda Change to Include Alaska PFD Corp -- Budget Detail Including Perm Fund Dividend Corp Mar 17 Thursday Fahrenkamp 203 1:30 PM Subcommittee Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 01 Tuesday Fahrenkamp 203 8:00 AM -- MEETING CANCELED -- Budget Detail Mar 08 Tuesday Fahrenkamp 203 8:00 AM -- Agenda Changed to Include AMHS -- Budget Detail Including Alaska Marine Hwy System Mar 15 Tuesday Fahrenkamp 203 8:00 AM Subcommittee Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 17 Thursday Senate Finance 532 8:30 AM Closeout ---------------------------------------- JOINT COMMITTEES ALASKA NORTHERN WATERS TASK FORCE Mar 14 Monday Capitol 106 12:00 PM + Organizational ---------------------------------------- 2011-02-28 Senate Journal Page 0408 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 BUDGET & AUDIT Feb 28 Monday House Finance 519 8:00 AM Audits: Executive Session + Other Committee Business -- Teleconference <Invitation Only> -- Mar 29 Tuesday House Finance 519 8:00 AM Audits: Executive Session + Other Committee Business -- Teleconference <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Mar 17 Thursday House Finance 519 11:00 AM Agenda Forthcoming Apr 07 Thursday House Finance 519 11:00 AM Agenda Forthcoming ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Feb 28 Monday Fahrenkamp 203 9:30 AM + Senate Subcommittee: Executive Session + Public Comment Executive Session + Public Session 2011-02-28 Senate Journal Page 0409 SELECT COMMITTEE ON LEGISLATIVE ETHICS (continued) Feb 28 Monday Fahrenkamp 203 3:00 PM + Full Committee: Open Session + Public Comment + Chair/Staff Report + Advisory Opinion 11-02 Requested by Rep Gara + Recognize and Thank For-Profit Businesses + Advisory Opinion 11-01 Executive Session + Legislation Update ---------------------------------------- OTHER MEETINGS FISH CAUCUS Mar 01 Tuesday Capitol 106 12:00 PM + Tongass Mariculture, Rodger Painter ---------------------------------------- JOINT SESSION 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 ---------------------------------------- UNIVERSITY BOOSTERS CAUCUS Feb 28 Monday Capitol 106 4:00 PM Special Legislative Briefing: Welcoming Chancellor Brian Rogers of UAF, Outgoing Chancellor Fran Ulmer and Incoming Chancellor Tom Case of UAA, and Chancellor John Pugh of UAS Final Update from Chancellor Ulmer and Celebration of her Career in Public Service