Legislature(2011 - 2012)
2012-01-30 Senate Journal
Full Journal pdf2012-01-30 Senate Journal Page 1329 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday January 30, 2012 Fourteenth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:02 a.m. The roll showed eighteen members present. Senators Ellis, Hoffman were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Sue Bahleda of Resurrection Lutheran Church. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. With respect to the diversity of voices, beliefs and practices that call out to a power beyond our individual selves, I offer the following prayer: Wise and Gracious One, You have endowed each of us with unique gifts, and have called us into particular occupations, relationships and activities. Enable these men and women who have been called into leadership, to use their gifts faithfully to do the mighty work before them. Pour out your gifts upon them: when they are busy, give them breath. When they are frustrated, give them imagination. When they are tired, give them strength. In their mission, guide them with diligence, compassion, and hope. In their conversation, fill them with courage, patience, and vision. In their service, grant them energy, peace, and 2012-01-30 Senate Journal Page 1330 joy. Empower them to strive for what is good and just for all the people they serve across the whole of this great land. Amen and Amen. Senator French led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the eleventh through thirteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated January 27 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 131 CS FOR HOUSE BILL NO. 131(TRA) am BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: "An Act establishing the Alaska Community and Public Transportation Advisory Board and relating to a long-range community and public transportation plan; and providing for an effective date." was read the first time and referred to the Transportation and Community and Regional Affairs Committees. Communications Five-Year Oil and Gas Leasing Program dated January 2012 from Daniel S. Sullivan, Commissioner, Department of Natural Resources in accordance with AS 38.05.180 2012-01-30 Senate Journal Page 1331 Office of Victims' Rights Annual Report to the Legislature dated July 30, 2011 from D. Victor Kester, Executive Director, Alaska Office of Victims' Rights Office of Victims' Rights Annual Report to the Legislature dated July 30, 2010 from D. Victor Kester, Executive Director, Alaska Office of Victims' Rights Office of Victims' Rights Annual Report to the Legislature dated July 31, 2009 from D. Victor Kester, Executive Director, Alaska Office of Victims' Rights Office of Victims' Rights Annual Report to the Legislature dated August 1, 2008 from D. Victor Kester, Executive Director, Alaska Office of Victims' Rights 2012 Report to the Legislature, January 2012 Report on Identified RS 2477 Rights-of-Way in accordance with AS 19.30.400(b) Notification of Annual Mining Report in accordance with AS 27.05.060 Land Disposal Income Fund Report in accordance with AS 38.04.022(b) Notification of Annual Report on the Status of Land in the Land Disposal Bank in accordance with AS 38.04.020(d) Notification of Annual Report on Water Removals and Exports in accordance with AS 46.15.020(b)(5) Notification of Interim Land Classifications (Closing Land to Mineral Entry) in accordance with AS 38.05.300 Summary of Cooperative Resource Management or Development Agreements in accordance with AS 38.05.027 from Brent Goodrum, Director, Division of Mining, Land and Water Department of Natural Resources 2012-01-30 Senate Journal Page 1332 Standing Committee Reports SB 89 The Judiciary Committee considered SENATE BILL NO. 89 "An Act clarifying that a legislator or legislative employee is allowed to accept certain compassionate gifts; allowing legislators and legislative employees to use legislative mailing lists for campaign purposes and nonlegislative purposes; allowing legislators and legislative employees who are representing persons in an administrative hearing to contact hearing officers and attempt to influence the outcome of the hearing if they are professionals licensed in the state, and allowing legislators and legislative employees who are not professionals licensed in the state to contact hearing officers for the purpose of influencing the outcome of the hearing in certain instances; allowing legislators and legislative employees, in certain circumstances, to participate in partisan political activity while on state travel; prohibiting a public member of the Select Committee on Legislative Ethics from disclosing confidential information without authorization; clarifying the ethics disclosure requirements for tickets to or gifts in connection with charity events; amending disclosure deadlines under the Legislative Ethics Act; relating to requests to refrain from disclosure under the Legislative Ethics Act; and establishing a seat for an alternate public member on the Select Committee on Legislative Ethics and clarifying the requirements related to participation by alternate members in the proceedings of the committee" and recommended it be replaced with CS FOR SENATE BILL NO. 89(JUD) "An Act clarifying that a legislator or legislative employee is allowed to accept certain compassionate gifts; allowing legislators and legislative employees who are representing persons in an administrative hearing to contact hearing officers and attempt to influence the outcome of the hearing if they are professionals licensed in the state, and allowing legislators and legislative employees who are not professionals licensed in the state to contact hearing officers for the purpose of influencing the outcome of the hearing in certain instances; requiring the Select Committee on Legislative Ethics to maintain a public record of certain ethics disclosures made by legislators and legislative employees; prohibiting a public member of the Select Committee on 2012-01-30 Senate Journal Page 1333 Legislative Ethics from disclosing confidential information without authorization; clarifying the ethics disclosure requirements for tickets to or gifts in connection with charity events; amending disclosure deadlines under the Legislative Ethics Act; relating to requests to refrain from disclosure under the Legislative Ethics Act; relating to the applicability of certain provisions of the Legislative Ethics Act to certain legislative employees, volunteers, and interns; establishing a seat for an alternate public member on the Select Committee on Legislative Ethics; clarifying the requirements related to participation by alternate public members and alternate legislative members in the proceedings of the committee; amending the definition of 'legislative employee' in the Legislative Ethics Act; and repealing a procedure for appointment of alternate legislative members." Signing do pass: Senator French, Chair; Senators Coghill, Paskvan. The following fiscal information was published today: Fiscal Note No. 2, zero, Legislative Agency The bill was referred to the Rules Committee. SB 171 The Education Committee considered SENATE BILL NO. 171 "An Act increasing the base student allocation used for public school funding; and providing for an effective date." Signing do pass: Senators Thomas, Meyer, Cochairs; Senators Davis, Stevens. The following fiscal information was published today: Fiscal Note No. 1, Department of Education and Early Development Fiscal Note No. 2, Department of Education and Early Development The bill was referred to the Finance Committee. 2012-01-30 Senate Journal Page 1334 Introduction and Reference of Senate Bills SB 182 SENATE BILL NO. 182 BY THE SENATE EDUCATION COMMITTEE, entitled: "An Act amending the amount of state funding provided to school districts for pupil transportation." was read the first time and referred to the Education and Finance Committees. SB 183 SENATE BILL NO. 183 BY SENATOR DAVIS, entitled: "An Act authorizing municipalities to exempt from tax, by ordinance approved by the voters in the municipality, the real property that is the primary residence of a resident who is the widow or widower of a person who was killed while in the military service of the United States; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Finance Committees. Consideration of the Calendar Citations Honoring - U.S. Coast Guard Cutter Healy Senator(s) Olson, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Foster Honoring - Jujiro Wada Representative(s) Kawasaki Senator(s) Paskvan, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Stedman, Thomas, Wagoner, Wielechowski 2012-01-30 Senate Journal Page 1335 In Memoriam - Bruce Hall Babcock Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Neuman In Memoriam - James C. Knapp Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Neuman In Memoriam - Theodore G. Smith Senator(s) Huggins, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Neuman Senator Meyer moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Citations Senator Meyer moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Black History Month 2012 Senator(s) Davis, Stevens, Coghill, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2012-01-30 Senate Journal Page 1336 In Memoriam - Moses Malutin Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Austerman 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, February 10 through evening plane time, February 12 and from evening plane time, February 22 through evening plane time, February 27. Without objection, Senator Huggins was excused. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from 1:00 p.m., February 16 through February 21 and from afternoon plane time, March 5 through evening plane time, March 10. Without objection, Senator Dyson was excused. SB 140 Senator Egan moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 140 "An Act classifying certain substances as schedule IIA controlled substances; and providing for an effective date." Without objection, it was so ordered. SB 125 Senator Egan moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 125 "An Act relating to certain vehicles, including trailers; and relating to motor vehicle dealer advertising, motor vehicle dealer sales of used motor vehicles, motor vehicle sales contracts, motor vehicle service contracts, and motor vehicle sales financing." Without objection, it was so ordered. SB 144 Senator Dyson moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 144 "An Act temporarily reinstating the child and adult immunization program in the Department of Health and Social Services; and providing for an effective date." Without objection, it was so ordered. 2012-01-30 Senate Journal Page 1337 Announcements Announcements are at the end of the journal. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 1, 2012. Without objection, the Senate adjourned at 11:17 a.m. Kirsten Waid Secretary of the Senate 2012-01-30 Senate Journal Page 1338 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Jan 31 Tuesday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled Feb 02 Thursday Beltz 105 (tsbldg) 3:30 PM + SB 156 ALASKA RAILROAD LAND LEASES + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Jan 30 Monday Beltz 105 (tsbldg) 8:00 AM += SB 171 INCREASE BASE STUDENT ALLOCATION + Bills Previously Heard/Scheduled Feb 01 Wednesday Beltz 105 (tsbldg) 8:00 AM + SB 169 FUNDING FOR DISTANCE DELIVERY EDUCATION + Bills Previously Heard/Scheduled Feb 03 Friday Barnes 124 8:00 AM + Alaska Commission on Postsecondary Education - Alaska Performance Scholarship Outcomes Report + State Board of Education - Annual Report to the Legislature + Bills Previously Heard/Scheduled ---------------------------------------- 2012-01-30 Senate Journal Page 1339 FINANCE Jan 30 Monday Senate Finance 532 9:00 AM + SB 9 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY + SB 137 SUICIDE AWARENESS & PREVENTION TRAINING + SCR 2 UNIFORM RULES: PRESIDING OFFICER PRO TEM + Bills Previously Heard/Scheduled Jan 31 Tuesday Senate Finance 532 9:00 AM += SB 70 ALASKA HEALTH BENEFIT EXCHANGE + SB 13 WAIVE PARK FEE FOR DISABLED VETERANS + SB 62 CIVIL LEGAL SERVICES FUND + Bills Previously Heard/Scheduled Feb 01 Wednesday Senate Finance 532 9:00 AM + SB 119 ATHLETIC TRAINER LICENSING + SB 38 POLICE & FIREFIGHTER DEATH BENEFITS + SB 83 TEACHER BOARD CERTIFICATION INCENTIVES + SB 115 PORTABLE ELECTRONICS INSURANCE + Bills Previously Heard/Scheduled Feb 02 Thursday Senate Finance 532 9:00 AM + SB 160 BUDGET: CAPITAL + SB 161 APPROP: OPERATING BUDGET/LOANS/FUNDS + SB 162 APPROP: MENTAL HEALTH BUDGET + Dept of Revenue Commissioner Bryan Butcher: FY 13 Revenue Forecast Dept of Revenue Commissioner Bryan Butcher: State Savings Account and Budget Reserves Overview + Bills Previously Heard/Scheduled Feb 03 Friday Senate Finance 532 9:00 AM Uniform Rule 23 Waived + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Jan 30 Monday Butrovich 205 1:30 PM + SB 172 CARE DIRECTIVES/DO NOT RESUSCITATE ORDERS + SB 144 STATE IMMUNIZATION PROGRAM Bills Previously Heard/Scheduled 2012-01-30 Senate Journal Page 1340 HEALTH & SOCIAL SERVICES (continued) Jan 31 Tuesday Capitol 106 3:30 PM -- Note Location and Time Change -- + Joint w/ House HSS Presentation: Alzheimer's Resource of Alaska, Dulce Nobre, Executive Director, Patrick Cunningham, Amber Smith Feb 01 Wednesday Butrovich 205 1:30 PM Joint w/ House HSS + Presentations: - Alaska Health Care Commission Report Update Deborah Erickson, Executive Director and Dr. Ward Hurlburt, Chair of the Health Care Commission - Department of Health and Social Services Overview, Commissioner Streur and Department Representatives Feb 03 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Jan 30 Monday Beltz 105 (tsbldg) 1:30 PM + SB 168 GEOGRAPHIC COLA FOR JUDGES + SB 173 2012 REVISOR'S BILL + Bills Previously Heard/Scheduled Feb 01 Wednesday Beltz 105 (tsbldg) 1:30 PM + SB 165 PRINCIP.& INC/PROBATE/UTMA/RETIREMT/ETC. + Bills Previously Heard/Scheduled Feb 03 Friday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Jan 31 Tuesday Beltz 105 (tsbldg) 1:30 PM + SB 155 EXTENDING CERTAIN BOARDS & COMMISSIONS + SB 150 MILITARY TRAINING CREDIT + Bills Previously Heard/Scheduled 2012-01-30 Senate Journal Page 1341 LABOR & COMMERCE (continued) Feb 02 Thursday Beltz 105 (tsbldg) 1:30 PM + SB 122 REAL ESTATE TRANSFER FEES/TITLE PLANTS <Pending Referral> + SB 138 THIRD-PARTY CHARGES ON TELEPHONE BILLS + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Jan 30 Monday Butrovich 205 3:30 PM + Review of Comprehensive Plan and Feasibility Study by Fast Enterprises - Commissioner Bryan Butcher, Dept. of Revenue Status of Integrated Tax Management System & Oil and Gas Tax Reporting Update - Commissioner Bryan Butcher, Dept. of Revenue -- Testimony <Invitation Only> -- Feb 01 Wednesday Butrovich 205 3:30 PM + State Tax Policy and Oil Production: The Role of the Severance Tax and Credits for Drilling Expenses - Dr. Shelby Gerking, Department of Economics, University of Central Florida -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled Feb 03 Friday Butrovich 205 3:30 PM + North Slope of Alaska Facility Sharing Study by Petrotechnical Resources Alaska (PRA) - Tom Walsh, Managing Partner, PRA North Slope Facilities Capacities and Expansion & Technologies New Developments in Upstream Oil and Gas - Bill Barron, Director, Division of Oil and Gas, DNR -- Testimony <Invitation Only> -- ---------------------------------------- 2012-01-30 Senate Journal Page 1342 STATE AFFAIRS Jan 31 Tuesday Butrovich 205 9:00 AM + SB 131 DIVEST INVESTMENTS IN IRAN += SB 130 ALASKA NATIVE LANGUAGE COUNCIL Bills Previously Heard/Scheduled Feb 02 Thursday Butrovich 205 9:00 AM + SCR 17 GIRL SCOUTS 100TH ANNIVERSARY Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Jan 31 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Feb 02 Thursday Butrovich 205 1:00 PM + SB 125 MOTOR VEHICLE TRANSACTIONS Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COURT SYSTEM Feb 02 Thursday Sen Conf Rm 103 Tsb 5:00 PM + Overview & FY 13 Budget Request Feb 16 Thursday Fahrenkamp 203 5:00 PM + FY 13 Budget Request Mar 01 Thursday Fahrenkamp 203 5:00 PM + FY 13 Budget Request Mar 15 Thursday Fahrenkamp 203 5:00 PM + Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 14 Tuesday Fahrenkamp 203 5:00 PM + Overview & FY 13 Request 2012-01-30 Senate Journal Page 1343 EDUCATION & EARLY DEVELOPMENT (continued) Feb 21 Tuesday Fahrenkamp 203 3:30 PM + FY 13 Request Early Learning Programs Feb 28 Tuesday Sen Conf Rm 103 Tsb 3:30 PM + FY 13 Request Mar 06 Tuesday Fahrenkamp 203 3:30 PM + FY 13 Budget Request Mar 13 Tuesday Fahrenkamp 203 3:30 PM + Closeout ---------------------------------------- UNIVERSITY OF ALASKA Feb 03 Friday Senate Finance 532 9:00 AM Budget Overview ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Feb 27 Monday House Finance 519 8:00 AM Audits - Executive Session Other Committee Business Mar 28 Wednesday House Finance 519 8:00 AM Audits - Executive Session Other Committee Business ---------------------------------------- LEGISLATIVE COUNCIL Feb 09 Thursday House Finance 519 10:30 AM Agenda to be Announced ---------------------------------------- 2012-01-30 Senate Journal Page 1344 OTHER MEETINGS JOINT SESSION Feb 23 Thursday House Chamber 10:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator Feb 29 Wednesday House Chamber 11:00 AM State of the Judiciary Address by Chief Justice Walter Carpeneti Mar 05 Monday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETING Jan 30 Monday Capitol 106 5:00 PM Continued Discussion of Taku River Fisheries - Continuation of Question and Answer Period with Dept. of Environmental Conservation & Dept. of Fish and Game Sponsored by the Juneau legislative delegation: Sen. Egan and Reps. Kerttula and Munoz Jan 31 Tuesday Capitol 106 5:00 PM Continued Discussion of Taku River Fisheries - Discussion of Final Report Sponsored by the Juneau legislative delegation: Sen. Egan and Reps. Kerttula and Munoz Feb 13 Monday Senate Finance 532 1:00 PM School District Legislative Fly-In Informal Q&A Session Regarding Alaska's Public School System