Legislature(2011 - 2012)
2011-04-12 Senate Journal
Full Journal pdf2011-04-12 Senate Journal Page 0821 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE FIRST SESSION Juneau, Alaska Tuesday April 12, 2011 Eighty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:05 a.m. The roll showed eighteen members present. Senators McGuire, Olson were absent. The prayer was offered by the Chaplain, Senator French. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father of night, Father of day Father who taketh the darkness away Father who teacheth the bird to fly Builder of rainbows up in the sky Father of loneliness and pain Father of love and Father of rain Father of day, Father of night Father of black and Father of white Father who build the mountain so high Who shapeth the cloud up in the sky Father of time and Father of dreams Father who turneth the rivers and streams Father of grain, Father of wheat Father of cold and Father of heat Father of air and Father of trees 2011-04-12 Senate Journal Page 0822 Who dwells in our hearts and our memories Father of minutes and Father of days Father in whom we most solemnly praise Amen. Senator Egan led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journal for the eighty-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Messages dated April 11 were read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 24 HOUSE JOINT RESOLUTION NO. 24 BY REPRESENTATIVES P.WILSON, Johansen, Kerttula, Johnson, Urging the United States Congress to reauthorize the Secure Rural Schools and Communities Self- Determination Act of 2000. was read the first time and referred to the Community and Regional Affairs Committee. HCR 5 CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(HSS) BY THE HOUSE HEALTH AND SOCIAL SERVICES COMMITTEE, Relating to prevention of disease and to vitamin D. was read the first time and referred to the Health and Social Services Committee. 2011-04-12 Senate Journal Page 0823 First Reading and Reference of House Bills HB 1 CS FOR HOUSE BILL NO. 1(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act stating a public policy that allows a person to accept or decline any offered mode of securing health care services." was read the first time and referred to the Health and Social Services and Judiciary Committees. HB 6 CS FOR HOUSE BILL NO. 6(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act authorizing the governor to remove or suspend a member of the Board of Regents of the University of Alaska for good cause; and establishing a procedure for the removal or suspension of a regent." was read the first time and referred to the Judiciary Committee. HB 8 CS FOR HOUSE BILL NO. 8(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to certain federal statutes, regulations, presidential executive orders, and secretarial orders; relating to the duties of the attorney general; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. The presence of Senator Olson was noted. HB 146 CS FOR HOUSE BILL NO. 146(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: 2011-04-12 Senate Journal Page 0824 "An Act authorizing the transfer of land from the State of Alaska and the Alaska Railroad Corporation to property owners along the Eielson Spur Line; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 160 CS FOR HOUSE BILL NO. 160(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to state tourism marketing contracts with qualified trade associations and to tourism marketing campaigns; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 204 HOUSE BILL NO. 204 BY REPRESENTATIVES FAIRCLOUGH, Neuman, P.Wilson, Costello, Saddler, entitled: "An Act relating to the State Procurement Code, including the use of small procurement provisions for certain amounts of leased space, the requirement of Alaska business license proof for Alaska bidder and other procurement preferences, the registration of construction contract bidders and offerors, the establishment and maintenance of lists of persons who want to provide supplies or services to the state, state agencies, and state instrumentalities, electronic bids and proposals, small procurements, and writings; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 205 HOUSE BILL NO. 205 BY REPRESENTATIVES FAIRCLOUGH, Neuman, P.Wilson, Costello, Saddler, entitled: 2011-04-12 Senate Journal Page 0825 "An Act relating to state and public entity procurement, including the State Procurement Code, procurement preferences, and contract awards; relating to the meaning of 'Alaska bidder'; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 215 CS FOR HOUSE BILL NO. 215(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the judicial review of a right-of- way lease or the development or construction of an oil or gas pipeline on state land; and relating to the lease of a right-of-way by the Alaska Housing Finance Corporation for a gas pipeline transportation corridor." was read the first time and referred to the Judiciary and Finance Committees. Standing Committee Reports SB 119 The Health and Social Services Committee considered SENATE BILL NO. 119 "An Act relating to the licensing and regulation of athletic trainers" and recommended it be replaced with CS FOR SENATE BILL NO. 119(HSS) "An Act relating to athletic trainers." Signing do pass: Senator Davis, Chair; Senators Meyer, Egan, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, Department of Commerce, Community and Economic Development 2011-04-12 Senate Journal Page 0826 President Stevens added a Finance Committee referral to the bill. The bill was referred to the Labor and Commerce, then Finance Committees. HB 19 The State Affairs Committee considered HOUSE BILL NO. 19 "An Act relating to special request registration plates; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 19(STA) Signing do pass: Senator Wielechowski, Chair. Signing no recommendation: Senators Paskvan, Kookesh, Meyer, Giessel. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Transportation Committee. HB 101 The State Affairs Committee considered CS FOR HOUSE BILL NO. 101(STA) "An Act establishing the fourth Saturday of July each year as Ted Stevens Day." Signing do pass: Senator Wielechowski, Chair; Senators Kookesh, Paskvan, Meyer, Giessel. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The bill was referred to the Rules Committee. HB 155 President Stevens added a Finance Committee referral to CS FOR HOUSE BILL NO. 155(L&C) "An Act relating to the applicability of prevailing wage rates to public construction contracts; and, with regard to public construction contracts, relating to notifications, bonding notifications, filings, notices, primary contractors, final payments, penalties, advertised specifications, required contract provisions, terminations, lists of violating contractors, and remedies." The bill was referred to the Labor and Commerce, then Finance Committees. 2011-04-12 Senate Journal Page 0827 SCR 11 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 11 Designating August 18, 2011, as Walter J. Hickel Day of the Arctic. Signing do pass: Senator Wielechowski, Chair; Senators Kookesh, Paskvan, Meyer, Giessel. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate State Affairs Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 125 SENATE BILL NO. 125 BY SENATOR MEYER, entitled: "An Act relating to certain vehicles, including trailers; and relating to motor vehicle dealer advertising, motor vehicle dealer sales of used motor vehicles, motor vehicle sales contracts, motor vehicle service contracts, and motor vehicle sales financing." was read the first time and referred to the Transportation and Labor and Commerce Committees. SB 126 SENATE BILL NO. 126 BY SENATOR MCGUIRE, entitled: "An Act relating to a producer state energy symposium; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 5 SENATE BILL NO. 5 "An Act relating to eligibility requirements for medical assistance for certain children and pregnant women; and providing for an effective date" was read the second time. 2011-04-12 Senate Journal Page 0828 President Stevens stated SENATE BILL NO. 5 will advance to third reading on the April 13 calendar. Citations Senator Meyer moved and asked unanimous consent that the verbal reading of the citations be waived. Without objection, the reading of the citations was waived. Honoring - U.S. Coast Guard Base Kodiak Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman Honoring - Robert Service High School, Boys Cross Country Running 2010 State Champions Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Millett Honoring - Robert Service High School, Boys Cross Country Ski Team 2011 State Champions Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Millett Honoring - Robert Service High School, Girls Swim Team 2010-2011 State Champions Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Millett Honoring - Healy Coal Kings Pee Wee Tier IV Alaska State Hockey Champions Senator(s) Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Wagoner, Wielechowski Representative(s) Guttenberg 2011-04-12 Senate Journal Page 0829 Honoring - Mary Louise Molenda Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Voznesenka Cougars, 2010 Eight-Man Football State Champions Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Alaska Supreme Court Justice Robert L. Eastaugh Representative(s) Gruenberg Senator(s) Meyer, Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner Honoring - South Addition Voluntary Clean-Up Group Representative(s) Gara Senator(s) Ellis, Stevens, Coghill, Davis, Dyson, Egan, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Willow Winter Golf Classic Representative(s) Neuman Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Rural Cap Head Start and Parents as Teachers Programs in Toksook Bay Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-04-12 Senate Journal Page 0830 Honoring - Ann Glasheen, 2010 Women's Nurse Practitioner of the Year Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Bethel Regional High School Warriors, 2010 Class 1-2-3A State Wrestling Champs Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Timothy Debilt, 2009-2010 Teacher of the Year, Lower Kuskokwim School District Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Diane McEachern Representative(s) Herron Senator(s) Hoffman, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Matanuska-Susitna Convention & Visitor Bureau 25th Anniversary Representative(s) Gatto Senator(s) Menard, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Kathleen Plunkett Representative(s) Gruenberg Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner 2011-04-12 Senate Journal Page 0831 In Memoriam - Ray Clapp Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Seaton In Memoriam - Edwin J. Klopp Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman In Memoriam - Glenn Robert Gregory Senator(s) Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Wagoner, Wielechowski In Memoriam - Dr. William (Bill) Harlan James Senator(s) Thomas, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Wagoner, Wielechowski In Memoriam - Charles "Chuck" Ray Hart Sr. Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Virginia Morsey Wheeler Talley Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Steve W. Hackett Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2011-04-12 Senate Journal Page 0832 In Memoriam - Arthur Leroy Griffith Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Valerie Byrd Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - C.E. "Red" Calhoun Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Carol Mary Vath Moss Representative(s) Seaton Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - William Alban Greene Representative(s) Stoltze Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Gregory Alan Kruschek Representative(s) Foster Senator(s) Olson, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 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. 2011-04-12 Senate Journal Page 0833 Unfinished Business HB 19 Senator Kookesh, Chair, moved and asked unanimous consent that the Transportation Committee referral be waived on HOUSE BILL NO. 19 "An Act relating to special request registration plates; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. Senator Giessel moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, August 18 through morning plane time, August 22. Without objection, Senator Giessel was excused. Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 13, 2011. Without objection, the Senate adjourned at 11:29 a.m. Kirsten Waid Secretary of the Senate 2011-04-12 Senate Journal Page 0834 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 Apr 12 Tuesday Butrovich 205 3:00 PM -- Location Change -- -- Meeting Rescheduled from 4/11/11 -- + HJR 17 WATER & WASTE WATER REGULATION + HB 197 HOME ENERGY RATING SYSTEM + HJR 27 RELOCATE COASTAL VILLAGES REGION FUND ---------------------------------------- FINANCE Apr 12 Tuesday Senate Finance 532 2:30 PM -- MEETING CANCELED -- -- Time Changed from 1:30 -2:30 -- Bills Previously Heard/Scheduled += SB 46 BUDGET: CAPITAL += SB 76 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS Apr 13 Wednesday Senate Finance 532 9:00 AM + SB 95 FRANK PALMER FERRY TERMINAL + SB 108 SPC. STEPHEN "MAX" CAVANAUGH OVERPASS + HB 105 SOUTHEAST STATE FOREST + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 13 Wednesday Butrovich 205 1:30 PM + HCR 5 VITAMIN D SUPPLEMENTS + HB 15 STUDENT ATHLETE CONCUSSIONS <Pending Referral> 2011-04-12 Senate Journal Page 0835 HEALTH & SOCIAL SERVICES (continued) Apr 15 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Apr 13 Wednesday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled += SB 86 PROTECTION OF VULNERABLE ADULTS/MINORS += HB 127 OMNIBUS CRIME BILL += SB 89 LEGISLATIVE ETHICS ACT ---------------------------------------- LABOR & COMMERCE Apr 12 Tuesday Beltz 105 (tsbldg) 2:00 PM Bills Previously Heard/Scheduled: += SB 115 PORTABLE ELECTRONICS INSURANCE += HB 24 EXTEND REGULATORY COMM. OF ALASKA SUNSET += HB 130 RESIDENTIAL SPRINKLER SYSTEMS Bills: + SB 74 INS. COVERAGE: AUTISM SPECTRUM DISORDER + HB 164 INSURANCE: HEALTH CARE & OTHER + HB 155 PUBLIC CONSTRUCTION CONTRACTS + HB 188 INTEREST RATES + HB 87 ANTITRUST VIOLATION PENALTIES Apr 13 Wednesday Beltz 105 (tsbldg) 5:00 PM += HB 155 PUBLIC CONSTRUCTION CONTRACTS += HB 87 ANTITRUST VIOLATION PENALTIES ---------------------------------------- RESOURCES Apr 13 Wednesday Butrovich 205 3:30 PM + HB 185 EXEMPT DISCHARGES FROM USE OF MUNITIONS + HJR 21 OPPOSING FEDERAL WILD LAND DESIGNATION + HJR 23 HYDROELECTRIC POWER; RENEWABLE ENERGY + HCR 9 STATE ENERGY PRODUCTION WORKING GROUP -- Invited Testimony and Public Testimony -- Bills Previously Heard/Scheduled ---------------------------------------- 2011-04-12 Senate Journal Page 0836 STATE AFFAIRS Apr 12 Tuesday Butrovich 205 9:00 AM + SCR 11 WALTER HICKEL DAY OF THE ARCTIC + HB 101 TED STEVENS DAY + HB 19 SPECIAL REQUEST LICENSE PLATES + Bills Previously Heard/Scheduled Apr 14 Thursday Butrovich 205 9:00 AM + SB 121 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 12 Tuesday Butrovich 205 1:00 PM + HB 214 WALTER L. KUBLEY FERRY TERMINAL + HB 213 NAMING MARK HUFFORD TRAIL ---------------------------------------- JOINT COMMITTEES ALASKA NORTHERN WATERS TASK FORCE May 17 Tuesday Location Tba 9:00 AM Hearings in Bethel: + Coastal Erosion and Flooding May 18 Wednesday Anch Lio Conf Rm 9:00 AM Hearings in Anchorage: + Current Research on the Arctic Ocean