Legislature(2011 - 2012)

2011-04-20 Senate Journal

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2011-04-20                     Senate Journal                      Page 0971
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          TWENTY-SEVENTH LEGISLATURE                                                                         
                                                                                                                                
                            FIRST SPECIAL SESSION                                                                            
                                                                                                                                
Juneau, Alaska                   Wednesday                    April 20, 2011                                                  
                                                                                                                                
                                  Third Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 11:04 a.m.                                                                                                           
                                                                                                                                
The roll showed twenty members present.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Beverly Smith of the                                                                    
Christian Science Church. Senator Hoffman moved and asked                                                                       
unanimous consent that the prayer be spread. Without objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
          Hear these words of Scripture from Psalms:                                                                            
          Many, O Lord my God, are Your wonderful works                                                                         
          Which you have done;                                                                                                  
          And Your thoughts toward us                                                                                           
          Cannot be recounted to You in order;                                                                                  
          If I would declare and speak of them,                                                                                 
          They are more than can be numbered.                                                                                   
          (NKJV Ps. 40:5)                                                                                                       
                                                                                                                                
          Dear Father, thank you for the glorious bounty you                                                                    
          have bestowed on Alaska: its beauty, resources,                                                                       
          diversity, and especially, its people. Thank you for                                                                  
          the privilege to serve you and the citizens of this state                                                             
          in the Alaska Senate.                                                                                                 
                                                                                                                                
            Help us to express your love for creation by giving us                                                             
             the wisdom to enact laws to bless your people. Give                                                               
          us   the   understanding  to  intelligently  consider  the                                                           
                                                                                                                                

2011-04-20                     Senate Journal                      Page 0972
          issues, and make decisions so that your will is done.                                                                 
          Bestow upon us the ability to listen for your voice,                                                                  
          the courage to carry out righteous action.                                                                            
                                                                                                                                
          Grant us your peace in this special session so we will                                                                
          work calmly, efficiently, and harmoniously to                                                                         
          complete the assigned tasks. We are grateful for this                                                                 
          promise written in the book of Job: For He performs                                                                   
             what is appointed for me, (NKJV Job 23:14)    Amen.                                                               
                                                                                                                                
Senator Menard led the Senate in the Pledge of Allegiance.                                                                      
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journal                                                                
for the second legislative day be approved as certified by the                                                                  
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 76                                                                                                                         
The Finance Committee considered SENATE BILL NO. 76 "An Act                                                                     
making supplemental appropriations, capital appropriations, and other                                                           
appropriations; amending appropriations; repealing appropriations;                                                              
making appropriations to capitalize funds; and providing for an                                                                 
effective date" and recommended it be replaced with                                                                             
                                                                                                                                
          CS FOR SENATE BILL NO. 76(FIN) "An Act                                                                                
          making supplemental appropriations, capital                                                                           
          appropriations, and other appropriations; amending                                                                    
          appropriations; making appropriations to capitalize                                                                   
          funds; and providing for an effective date."                                                                          
                                                                                                                                
Signing do pass: Senators Stedman, Hoffman, Cochairs; Senators                                                                  
Thomas, Egan, Olson, Ellis.                                                                                                     
                                                                                                                                
The bill is on today's first supplemental calendar.                                                                             
                                                                                                                                

2011-04-20                     Senate Journal                      Page 0973
                          Special Committee Reports                                                                          
                                                                                                                                
HB 24                                                                                                                         
                                                               April 20, 2011                                                   
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considering CS FOR HOUSE BILL                                                                          
NO. 24(FIN) "An Act extending the termination date of the                                                                       
Regulatory Commission of Alaska; and providing for an effective                                                                 
date" and SENATE CS FOR CS FOR HOUSE BILL NO. 24(FIN)                                                                           
requests limited powers of free conference on the following specific                                                            
points:                                                                                                                         
                                                                                                                                
Page 1, line 4 through line 10 and Page 1, line 12 of SENATE CS                                                                 
FOR CS FOR HOUSE BILL NO. 24(FIN); and                                                                                          
                                                                                                                                
Page 1, line 5 of CS FOR HOUSE BILL NO. 24(FIN).                                                                                
                                                                                                                                
Signing the report: Senator Thomas, Chair, Senators French, Paskvan;                                                            
Representative Olson, Chair, Representatives Johnson, Holmes.                                                                   
                                                                                                                                
President Stevens granted the Senate members limited powers of free                                                             
conference as requested.                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent for the adoption                                                                
of the First Supplemental Calendar. Without objection, the First                                                                
Supplemental Calendar was adopted.                                                                                              
                                                                                                                                
                                                                                                                                
               Consideration of the First Supplemental Calendar                                                              
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 76                                                                                                                         
SENATE BILL NO. 76 "An Act making supplemental appropriations,                                                                  
capital appropriations, and other appropriations; amending                                                                      
appropriations; repealing appropriations; making appropriations to                                                              
capitalize funds; and providing for an effective date" was read the                                                             
second time.                                                                                                                    

2011-04-20                     Senate Journal                      Page 0974
Senator Hoffman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page 972.                                                           
Without objection, CS FOR SENATE BILL NO. 76(FIN) "An Act                                                                       
making supplemental appropriations, capital appropriations, and other                                                           
appropriations; amending appropriations; making appropriations to                                                               
capitalize funds; 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. 76(FIN) was read the third time.                                                                         
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in recess to a call of the Chair. Without objection, the Senate                                                           
recessed at 11:14 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 12:09 p.m.                                                                                             
                                                                                                                                
                                                                                                                                
         Consideration of the First Supplemental Calendar (continued)                                                        
                                                                                                                                
SB 76                                                                                                                         
CS FOR SENATE BILL NO. 76(FIN) was before the Senate in third                                                                   
reading.                                                                                                                        
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 76(FIN) "An                                                                   
Act making supplemental appropriations, capital appropriations, and                                                             
other appropriations; amending appropriations; making appropriations                                                            
to capitalize funds; and providing for an effective date" pass the                                                              
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-04-20                     Senate Journal                      Page 0975
CSSB 76(FIN)                                                                                                                    
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman,                                                            
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Stevens, Thomas, Wielechowski                                                                                          
                                                                                                                                
Excused:  Wagoner                                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 76(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.                                                                                   
                                                                                                                                
                                                                                                                                
                       Reconsideration of Senate Bills                                                                       
                                                                                                                                
SB 76                                                                                                                         
Senator Hoffman gave notice of reconsideration on CS FOR SENATE                                                                 
BILL NO. 76(FIN) and moved and asked unanimous consent that it be                                                               
taken up at this time. Without objection, the bill was before the Senate                                                        
on reconsideration.                                                                                                             
                                                                                                                                
The question to be reconsidered: "Shall CS FOR SENATE BILL                                                                      
NO. 76(FIN) "An Act making supplemental appropriations, capital                                                                 
appropriations, and other appropriations; amending appropriations;                                                              
making appropriations to capitalize funds; and providing for an                                                                 
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
CSSB 76(FIN)                                                                                                                    
Third Reading - On Reconsideration                                                                                              
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman,                                                            
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Stevens, Thomas, Wielechowski                                                                                          
                                                                                                                                
Excused:  Wagoner                                                                                                               

2011-04-20                     Senate Journal                      Page 0976
                                                                                                                                
and so, CS FOR SENATE BILL NO. 76(FIN) passed the Senate on                                                                     
reconsideration.                                                                                                                
                                                                                                                                
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.                                                                                               
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
                          Special Order of Business                                                                          
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the following                                                              
Citation Calendar be made a special order of business. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
                              Citation Calendar                                                                              
                                                                                                                                
In Memoriam - Donald and Katheryn Sisson                                                                                        
Representative(s) Stoltze, Fairclough                                                                                           
Senator(s) Huggins, Dyson, Stevens, Coghill, Davis, Egan, Ellis,                                                                
Giessel, Hoffman, Kookesh, McGuire, 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.                                                                                                  
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
stand in recess to a call of the Chair. Without objection, the Senate                                                           
recessed at 12:19 p.m.                                                                                                          
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 5:48 p.m.                                                                                              
                                                                                                                                

2011-04-20                     Senate Journal                      Page 0977
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 76                                                                                                                         
CS FOR SENATE BILL NO. 76(FIN) "An Act making supplemental                                                                      
appropriations, capital appropriations, and other appropriations;                                                               
amending appropriations; making appropriations to capitalize funds;                                                             
and providing for an effective date" was engrossed, signed by the                                                               
President and Secretary and transmitted to the House for                                                                        
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis, Acting Majority Leader, moved and asked unanimous                                                                
consent that the Senate stand in adjournment until 11:00 a.m.,                                                                  
April 21, 2011. Without objection, the Senate adjourned at 5:48 p.m.                                                            
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                

2011-04-20                     Senate Journal                      Page 0978
                                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                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 20        Wednesday                 Senate Finance 532          10:00 AM                                                  
              -- Recessed --                                                                                                    
+= SB  76 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 21        Thursday                  Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 22        Friday                    Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                      ALASKA NORTHERN WATERS TASK FORCE                                                                      
                                                                                                                                
May 17        Tuesday                                  Bethel         9:00 AM                                                 
+             Hearing in Bethel on Coastal Erosion and Flooding                                                                 
              Location: Yukon Kuskokwim Health Corporation Boardroom                                                            
                                                                                                                                
May 18        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              Hearings in Anchorage: Current Research on the Arctic Ocean                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                        CONFERENCE COMMITTEE ON HB  24                                                                       
                                                                                                                                
Apr 20        Wednesday                          Barnes 124           8:00 AM                                                 
+ HB  24 EXTEND REGULATORY COMM. OF ALASKA SUNSET                                                                               
                   ----------------------------------------                                                                    

2011-04-20                     Senate Journal                      Page 0979
                    CONFERENCE COMMITTEE ON HB 108 & HB109                                                                   
                                                                                                                                
Apr 20        Wednesday                 Senate Finance 532            4:00 PM                                                 
+= HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 109 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
Apr 21        Thursday                  Senate Finance 532            4:00 PM                                                 
+= HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 109 APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
Apr 22        Friday                    Senate Finance 532            4:00 PM                                                 
+= HB 108 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
+= HB 109 APPROP: MENTAL HEALTH BUDGET