Legislature(2011 - 2012)

2011-05-14 Senate Journal

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2011-05-14                     Senate Journal                      Page 1115
                                                                                                                                
                                   SENATE JOURNAL                                                                            
                                                                                                                                
                              ALASKA STATE LEGISLATURE                                                                       
                                                                                                                                
                             TWENTY-SEVENTH LEGISLATURE                                                                      
                                                                                                                                
                               FIRST SPECIAL SESSION                                                                         
                                                                                                                                
Juneau, Alaska                             Saturday                           May 14, 2011                                    
                                                                                                                                
                                 Twenty-seventh Day                                                                          
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 9:04 a.m.                                                                                                            
                                                                                                                                
The roll showed eighteen members present. Senators French, McGuire                                                              
were excused from a call of the Senate.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Senator Meyer. Senator                                                                  
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
      Thank you, Heavenly Father, for the privilege of serving this                                                             
      great state in the Senate. We pray that you will give us the                                                              
      strength and wisdom to make the right decisions for the                                                                   
      people of Alaska who have placed their trust in us to                                                                     
      represent them.                                                                                                           
                                                                                                                                
      Lord, let us not forget the children, the elderly, the poor, and                                                          
      those with special needs who are not able to communicate                                                                  
      their needs to us. We need your help and guidance, Lord, for                                                              
      we are simply twenty Senators who are trying to do our very                                                               
      best, for what is best for the State of Alaska.                                                                           
                                                                                                                                
      Thank you for the freedom that we enjoy in this country.                                                                  
      Please be with those who protect our freedom. Please be with                                                              
      the men and women serving our country inside and outside of                                                               
      our borders. Keep them safe and bring them home soon. Let                                                                 
      us each be an example of how you want the world to be.                                                                    
In your name.                                                                  Amen.                                           
                                                                                                                                
Senator Thomas led the Senate in the Pledge of Allegiance.                                                                      
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1116
                                   Certification                                                                             
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the journal                                                                
for the twenty-sixth legislative day be approved as certified by the                                                            
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                                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                                                                           
                                                                                                                                
Honoring - PolyEarth Construction                                                                                               
Senator(s) McGuire, Stevens, Coghill, Davis, Dyson, Egan, Ellis,                                                                
Giessel, Hoffman, Huggins, Kookesh, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
Honoring - Kerry Howard                                                                                                         
Representative(s) Kerttula, Munoz                                                                                               
Senator(s) Egan, Stevens, Coghill, Davis, Dyson, Ellis, Giessel,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
                                                                                                                                
Honoring - Marjorie Linne Tungwenuk Tahbone, 2011-2012 Miss                                                                     
Indian World                                                                                                                    
Representative(s) Foster                                                                                                        
Senator(s) Olson, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel,                                                         
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan,                                                                     
Stedman, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Honoring - Tim Doran, 2011 National Distinguished Elementary                                                                    
School Principal of the Year                                                                                                    
Representative(s) Kawasaki, Guttenberg                                                                                          
Senator(s) Paskvan, Thomas, Stevens, Coghill, Davis, Dyson, Egan,                                                               
Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer,                                                              
Olson, Stedman, Wagoner, Wielechowski                                                                                           
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1117
In Memoriam - Laurence J. Carr                                                                                                  
Representative(s) Kerttula, Johnson                                                                                             
Senator(s) McGuire, Egan, Stevens, Coghill, Davis, Dyson, Ellis,                                                                
Giessel, Hoffman, Huggins, Kookesh, Menard, Meyer, Olson,                                                                       
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.                                                                                               
                                                                                                                                
Senator Huggins moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from evening plane time, May 15 through                                                               
evening plane time, May 24. Without objection, Senator Huggins was                                                              
excused.                                                                                                                        
                                                                                                                                
                                                                                                                                
                                       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 9:09 a.m.                                                                                                           
                                                                                                                                
                                    After Recess                                                                             
                                                                                                                                
The Senate reconvened at 9:33 p.m.                                                                                              
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
return to Special Committee Reports. Without objection, the Senate                                                              
returned to:                                                                                                                    
                                                                                                                                
                             Special Committee Reports                                                                       
                                                                                                                                
HB 106                                                                                                                        
                                                                              May 14, 2011                                      
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee considering SENATE CS FOR CS FOR                                                                       
HOUSE BILL NO. 106(FIN) "An Act extending the termination date                                                                  
of the Alaska coastal management program and relating to the                                                                    
extension; relating to the review of activities and regulations of the                                                          

2011-05-14                     Senate Journal                      Page 1118
Alaska coastal management program; establishing the Alaska Coastal                                                              
Policy Board; relating to the development, review, and approval of                                                              
district coastal management plans; relating to the duties of the                                                                
Department of Natural Resources relating to the Alaska coastal                                                                  
management program; relating to the review of certain consistency                                                               
determinations; providing for an effective date by amending the                                                                 
effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005; and providing                                                          
for an effective date" and CS FOR HOUSE BILL NO. 106(FIN)                                                                       
requests limited powers of free conference on the following specific                                                            
points:                                                                                                                         
                                                                                                                                
Page 14, lines 10 through 29, House Version (deleted in Senate                                                                  
Version);                                                                                                                       
                                                                                                                                
and on the definitions of "scientific evidence" and "local knowledge"                                                           
and any conflicts between scientific evidence and local knowledge.                                                              
                                                                                                                                
Signing the report: Senator Olson, Chair, Senators Wielechowski,                                                                
Kookesh; Representative Johnson, Chair, Representatives Herron,                                                                 
Kerttula.                                                                                                                       
                                                                                                                                
President Stevens granted the Senate members limited powers of free                                                             
conference as requested.                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The following report was received and distributed at 6:17 p.m.,                                                                 
May 14:                                                                                                                         
                                                                                                                                
                                                                              May 14, 2011                                      
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee with limited powers of free conference                                                                 
considered SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN)                                                                         
and CS FOR HOUSE BILL NO. 106(FIN) and recommends                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1119
            CONFERENCE CS FOR HOUSE BILL NO. 106                                                                                
            "An Act extending the termination date of the Alaska                                                                
            coastal management program and relating to the                                                                      
            extension; relating to the review of activities and                                                                 
            regulations of the Alaska coastal management                                                                        
            program; establishing the Alaska Coastal Policy                                                                     
            Board; relating to the development, review, and                                                                     
            approval of district coastal management plans;                                                                      
            relating to the duties of the Department of Natural                                                                 
            Resources relating to the Alaska coastal management                                                                 
            program; relating to the review of certain consistency                                                              
            determinations; providing for an effective date by                                                                  
            amending the effective date of secs. 1 - 13 and 18, ch.                                                             
            31, SLA 2005; and providing for an effective date."                                                                 
                                                                                                                                
be adopted.                                                                                                                     
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 7, Department of Environmental Conservation                                                                    
 Fiscal Note No. 8, Department of Environmental Conservation                                                                    
 Fiscal Note No. 10, Senate Finance Committee                                                                                   
                                                                                                                                
Signing the report: Senator Olson, Chair, Senators Wielechowski,                                                                
Kookesh; Representative Johnson, Chair, Representatives Herron,                                                                 
Kerttula.                                                                                                                       
                                                                                                                                
Senator Meyer moved that the Senate adopt the Conference                                                                        
Committee Report on CONFERENCE CS FOR HOUSE BILL                                                                                
NO. 106.                                                                                                                        
                                                                                                                                
The question being: "Shall the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                                            
106 "An Act extending the termination date of the Alaska coastal                                                                
management program and relating to the extension; relating to the                                                               
review of activities and regulations of the Alaska coastal management                                                           
program; establishing the Alaska Coastal Policy Board; relating to the                                                          
development, review, and approval of district coastal management                                                                
plans; relating to the duties of the Department of Natural Resources                                                            
relating to the Alaska coastal management program; relating to the                                                              
review of certain consistency determinations; providing for an                                                                  

2011-05-14                     Senate Journal                      Page 1120
effective date by amending the effective date of secs. 1 - 13 and 18,                                                           
ch. 31, SLA 2005; and providing for an effective date"?" The roll was                                                           
taken with the following result:                                                                                                
                                                                                                                                
CCS HB 106                                                                                                                      
Shall the Senate Adopt the                                                                                                      
Conference Committee Report?       Effective Dates                                                                              
                                                                                                                                
YEAS:  14   NAYS:  4   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Egan, Ellis, Hoffman, Kookesh, Menard, Meyer, Olson,                                                              
Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski                                                                        
                                                                                                                                
Nays:  Coghill, Dyson, Giessel, Huggins                                                                                         
                                                                                                                                
Excused:  French, McGuire                                                                                                       
                                                                                                                                
and so, the report was adopted, thus adopting:                                                                                  
                                                                                                                                
   CONFERENCE CS FOR HOUSE BILL NO. 106 "An Act                                                                                 
   extending the termination date of the Alaska coastal                                                                         
   management program and relating to the extension; relating to                                                                
   the review of activities and regulations of the Alaska coastal                                                               
   management program; establishing the Alaska Coastal Policy                                                                   
   Board; relating to the development, review, and approval of                                                                  
   district coastal management plans; relating to the duties of the                                                             
   Department of Natural Resources relating to the Alaska coastal                                                               
   management program; relating to the review of certain                                                                        
   consistency determinations; providing for an effective date by                                                               
   amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA                                                              
   2005; and providing for an effective date."                                                                                  
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the vote on                                                                
the adoption of the Conference Committee Report be considered the                                                               
vote on the effective date clauses. Without objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                       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 9:48 p.m.                                                                                                           
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1121
                                    After Recess                                                                             
                                                                                                                                
The Senate reconvened at 10:05 p.m.                                                                                             
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the Senate                                                                 
return to Messages from the House. Without objection, the Senate                                                                
returned to:                                                                                                                    
                                                                                                                                
                              Messages from the House                                                                        
                                                                                                                                
                                  Concur Messages                                                                            
                                                                                                                                
SB 46                                                                                                                         
Message dated May 14 was read stating the House passed and returned                                                             
for consideration CS FOR SENATE BILL NO. 46(FIN) "An Act                                                                        
making and amending appropriations, including capital appropriations,                                                           
savings deposits in the form of appropriations to the statutory budget                                                          
reserve fund, and other appropriations; making appropriations to                                                                
capitalize funds; and providing for an effective date" with the                                                                 
following amendment:                                                                                                            
                                                                                                                                
 HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN)                                                                                    
                                                                                                                                
Senator Meyer moved that the Senate concur in the House                                                                         
amendment.                                                                                                                      
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS CSSB 46(FIN)                                                                                                                
Shall the Senate Concur in the House                                                                                            
Amendment to CSSB 46(FIN)?       Effective Dates                                                                                
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins,                                                           
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Thomas, Wagoner, Wielechowski                                                                                                   
                                                                                                                                
Excused:  French, McGuire                                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1122
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN).                                                                                    
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the vote on                                                                
concurrence be considered the vote on the effective date clauses.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
                                   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 First                                                                  
Special Session of the Twenty-Seventh Alaska State Senate stand in                                                              
adjournment sine die. Without objection, the Senate adjourned at                                                                
10:07 p.m.                                                                                                                      
                                                                                                                                
                                                                               Kirsten Waid                                     
                                                                  Secretary of the Senate                                       
                                                                                                                                
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1123
                                   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                                                                                
                                                                                                                                
May 14            Saturday                        Senate Finance 532                 10:00 AM                                 
+                 Bills Previously Heard/Scheduled                                                                              
                      ----------------------------------------                                                                 
                                                                                                                                
                                  JOINT COMMITTEES                                                                           
                                                                                                                                
                         ALASKA NORTHERN WATERS TASK FORCE                                                                   
                                                                                                                                
May 17            Tuesday                                           Bethel            9:00 AM                                 
                  -- Meeting Postponed to October --                                                                            
+                 Hearing in Bethel on Coastal Erosion and Flooding                                                             
                  Location:                                                                                                     
                  Yukon Kuskokwim Health Corporation Boardroom                                                                  
                                                                                                                                
May 18            Wednesday                       Anch Lio Conf Rm                    9:00 AM                                 
                  -- Meeting Postponed to October --                                                                            
                  Hearings in Anchorage:                                                                                        
+                 Current Research on the Arctic Ocean                                                                          
                                                                                                                                
Jul 07            Thursday                                     Kotzebue             Time TBA                                  
+                 Location: Kotzebue Heritage Center                                                                            
                                                                                                                                
Jul 08            Friday                                            Nome            Time TBA                                  
+                 Location: Nome City Chambers                                                                                  
                      ----------------------------------------                                                                 
                                                                                                                                

2011-05-14                     Senate Journal                      Page 1124
                                LEGISLATIVE COUNCIL                                                                          
                                                                                                                                
May 20            Friday                            Fbx Lio Conf Rm                  10:30 AM                                 
+                 -- Agenda to be Announced --                                                                                  
                      ----------------------------------------                                                                 
                                                                                                                                
                               CONFERENCE COMMITTEES                                                                         
                                                                                                                                
                           CONFERENCE COMMITTEE ON HB 106                                                                    
                                                                                                                                
May 14            Saturday                                   Barnes 124              10:00 AM                                 
+ HB 106 COASTAL MANAGEMENT PROGRAM