Legislature(2011 - 2012)
2012-03-02 Senate Journal
Full Journal pdf2012-03-02 Senate Journal Page 1703 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday March 2, 2012 Forty-sixth 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, Reverend Cindy Roberts of Douglas Community United Methodist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, Please provide all here today with your guidance. Help these servants to conduct the business of Alaska in a spirit of fairness, understanding and wisdom. Help those here today to work with intelligence and respect for all ideas, for all people. Let them understand that diversity is a powerful tool that can lead to greater acceptance of each person's unique perspectives in reaching a successful conclusion. God, give these people just a little of your wisdom so they can rightly serve all those for whom they so graciously devote their time. Thank you for this day. Thank you for your blessings we find in this state and this country. Amen. Senator Dyson led the Senate in the Pledge of Allegiance. 2012-03-02 Senate Journal Page 1704 Certification Senator Meyer moved and asked unanimous consent that the journals for the forty-fourth and forty-fifth legislative days and Senate and House Joint Journal Supplement No. 13 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 29 was read stating: Pursuant to AS 24.55.020, the Speaker appointed the following members to serve on the Ombudsman Selection Committee: Representative Hawker Representative Tammie Wilson Representative Gardner Message dated February 29 was read stating: Pursuant to AS 24.65.020, the Speaker appointed the following members to serve on the Victims' Advocate Selection Committee: Representative Fairclough Representative Olson Representative Holmes Message dated February 29 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 34 CS FOR HOUSE JOINT RESOLUTION NO. 34(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, 2012-03-02 Senate Journal Page 1705 Urging the United States Congress to fund all the facilities and vessels necessary for the United States Coast Guard to fulfill its Arctic missions, including icebreakers and an Arctic Coast Guard base. was read the first time and referred to the State Affairs Committee. Communications Letter dated February 27 was read stating pursuant to AS 24.20.251, the Legislative Budget and Audit Committee nominated Kristin K. Curtis as Legislative Auditor. Senator Meyer moved that Kristin K. Curtis be confirmed as Legislative Auditor. The question being: "Shall Kristin K. Curtis be confirmed as Legislative Auditor?" The roll was taken with the following result: Shall Kristin K. Curtis be confirmed as Legislative Auditor? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, Kristin K. Curtis was confirmed as Legislative Auditor. The Secretary was requested to notify the House. Standing Committee Reports SB 120 The Education Committee considered SENATE BILL NO. 120 "An Act establishing in the Department of Education and Early Development a voluntary parent and early childhood education program for pre-elementary aged children" and recommended it be replaced with 2012-03-02 Senate Journal Page 1706 CS FOR SENATE BILL NO. 120(EDC) Signing do pass: Senators Meyer, Thomas, Cochairs; Senators Davis, Stevens, French. The following fiscal information was published today: Fiscal Note No. 1, Department of Education and Early Development Fiscal information forthcoming. The bill was referred to the Finance Committee. SB 148 The Community and Regional Affairs Committee considered SENATE BILL NO. 148 "An Act exempting a gas pipeline with a design capacity of 500,000,000 or more cubic feet of gas a day from the state's oil and gas exploration, production, and pipeline transportation property taxes until the pipeline generates revenue for its owners; and relating to the determination of full and true value for the purpose of determining the amount of required local contribution for public school funding" and recommended it be replaced with CS FOR SENATE BILL NO. 148(CRA) "An Act exempting a certain gas pipeline with a design capacity of 500,000,000 or more cubic feet of gas a day from the state's oil and gas exploration, production, and pipeline transportation property taxes for a certain period of time; relating to the determination of full and true value for the purpose of determining the amount of required local contribution for public school funding; and providing for an effective date." Signing no recommendation: Senator Olson, Chair. Signing do pass: Senators Kookesh, Menard, Ellis. 2012-03-02 Senate Journal Page 1707 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, indeterminate, Department of Natural Resources Fiscal Note No. 3, zero, Department of Revenue The bill was referred to the Resources Committee. SB 190 The Labor and Commerce Committee considered SENATE BILL NO. 190 "An Act relating to activities, including violations and penalties, under the supervision of the Big Game Commercial Services Board; and creating a retired status master guide-outfitter license" and recommended it be replaced with CS FOR SENATE BILL NO. 190(L&C) "An Act relating to the duties of the Big Game Commercial Services Board; relating to activities, including violations and penalties, under the supervision of the Big Game Commercial Services Board; creating a retired status master guide-outfitter license; and providing for an effective date." Signing do pass: Senator Egan, Chair; Senators Giessel, Davis, Paskvan, Menard. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Judiciary Committee. SB 199 The Labor and Commerce Committee considered SENATE BILL NO. 199 "An Act relating to the vocational and technical instruction funding factor for public school funding." Signing do pass: Senator Egan, Chair; Senators Giessel, Davis, Paskvan, Menard. 2012-03-02 Senate Journal Page 1708 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Education and Early Development The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 223 SENATE BILL NO. 223 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act relating to a credit against the net income tax for a contribution made by a taxpayer to a nonprofit organization that provides an emergency shelter for the homeless or a facility for alcohol or drug detoxification." was read the first time and referred to the Community and Regional Affairs and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 136 SENATE BILL NO. 136 "An Act providing a tax credit for employing an Alaska veteran that may be taken against a liability for the tax on corporation income; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1634. Without objection, CS FOR SENATE BILL NO. 136(FIN) "An Act providing a tax credit for employing a veteran that may be taken against a liability for the tax on corporation income; and providing for an effective date" was adopted. 2012-03-02 Senate Journal Page 1709 Senator Meyer moved and asked unanimous consent that CS FOR SENATE BILL NO. 136(FIN) be held in second reading to the March 5 calendar. Without objection, it was so ordered. Reconsideration of Senate Resolutions SCR 2 Senator Davis requested that the reconsideration on CS FOR SENATE CONCURRENT RESOLUTION NO. 2(STA) am(fld S) Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to the presiding officer pro tempore, be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 2(STA) am Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to the presiding officer pro tempore, pass the Senate?" The roll was taken with the following result: CSSCR 2(STA) am Second Reading - On Reconsideration YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Dyson, Egan, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Olson, Paskvan, Stevens, Thomas, Wielechowski Nays: Coghill, Giessel, Huggins, Meyer, Stedman, Wagoner and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 2(STA) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. Citations Honoring - Willard Dunham Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Seaton 2012-03-02 Senate Journal Page 1710 Honoring - Carol Comeau Representative(s) Millett Senator(s) Meyer, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Wilfred and Eva Ryan, Alaska Aviation Museum Hall of Fame Representative(s) Hawker, Feige Senator(s) Giessel, Coghill, Stevens, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Lowell Thomas Jr., Alaska Aviation Museum Hall of Fame Representative(s) Hawker, Feige Senator(s) Giessel, Coghill, Stevens, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - A. A. Bennett, Alaska Aviation Museum Hall of Fame Representative(s) Hawker, Feige Senator(s) Giessel, Coghill, Stevens, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Dave Chris Crowell Representative(s) Costello, Holmes Senator(s) McGuire, Stevens, Coghill, Davis, Dyson, Egan, 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. 2012-03-02 Senate Journal Page 1711 Unfinished Business President Stevens made the following appointments: Victims' Advocate Selection Committee Senator Ellis, Chair Senator French Senator Menard Ombudsman Selection Committee Senator McGuire, Chair Senator Egan Senator Meyer SB 183 Senators Meyer, Wielechowski, Wagoner, Ellis, Menard, Paskvan, Egan, McGuire moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 183 "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." Without objection, it was so ordered. HB 131 Senator Ellis moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 131(TRA) am "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." Without objection, it was so ordered. SB 211 Senator Davis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 211 "An Act allowing a person who retires as a peace officer or firefighter under the defined benefit plan of the public employees' retirement system to receive credited service in the plan for up to five years of past military service; and providing for an effective date." Without objection, it was so ordered. 2012-03-02 Senate Journal Page 1712 SB 170 Senator Davis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 170 "An Act requiring vocational education counseling in public schools." Without objection, it was so ordered. SB 25 Senator Davis moved and asked unanimous consent to be shown as a cosponsor on SPONSOR SUBSTITUTE FOR SENATE BILL NO. 25 "An Act establishing the sustainable energy transmission and supply development program in the Alaska Industrial Development and Export Authority." Without objection, it was so ordered. Senator Davis moved and asked unanimous consent to be excused from a call of the Senate on March 12, to morning plane time. Without objection, Senator Davis was excused. Announcements Announcements are at the end of the journal. Engrossment SCR 2 CS FOR SENATE CONCURRENT RESOLUTION NO. 2(STA) am Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to the presiding officer pro tempore, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., March 5, 2012. Without objection, the Senate adjourned at 11:39 a.m. Kirsten Waid Secretary of the Senate 2012-03-02 Senate Journal Page 1713 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 06 Tuesday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled + SB 157 CANCEL INSUR. ON CERTAIN VACANT PROPERTY + Overview - Toxic Release Inventory Mar 08 Thursday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 13 Tuesday Beltz 105 (tsbldg) 3:30 PM + Bills Previously Heard/Scheduled Mar 15 Thursday Beltz 105 (tsbldg) 3:30 PM + SB 223 TAX CRED: CONTR. TO HOMELESS SHELT/DETOX + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Mar 02 Friday Beltz 105 (tsbldg) 8:00 AM + SB 197 GRANT PROGRAM FOR SCHOOLS Uniform Rule 23 Waived + Bills Previously Heard/Scheduled = SB 120 EARLY CHILDHOOD ED: PARENTS AS TEACHERS Mar 05 Monday Beltz 105 (tsbldg) 8:00 AM + Bills Previously Heard/Scheduled 2012-03-02 Senate Journal Page 1714 EDUCATION (continued) Mar 07 Wednesday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled Mar 09 Friday Beltz 105 (tsbldg) 8:00 AM No Meeting Scheduled ---------------------------------------- FINANCE Mar 02 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled += SB 160 BUDGET: CAPITAL FY13 Capital Budget: Agency Overviews Dept. of Education & Early Development Dept. of Environmental Conservation Dept. of Administration Dept. of Military & Veterans Affairs Dept. of Natural Resources Dept. of Fish & Game + Presentation on Alaska's Petroleum Fiscal System by PFC Energy <Presentation Postponed> Mar 05 Monday Senate Finance 532 9:00 AM + HB 307 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS <Pending Referral> + SB 184 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS += SB 130 ALASKA NATIVE LANGUAGE COUNCIL += SB 135 CONTINUANCES IN CRIMINAL TRIALS; VICTIMS += HB 104 ALASKA PERFORMANCE SCHOLARSHIPS += HB 65 SENIOR CITIZEN HOUSING DEV. FUND GRANTS += SB 160 BUDGET: CAPITAL + FY13 Capital Budget: Agency Overviews + Bills Previously Heard/Scheduled Mar 05 Monday Senate Finance 532 2:00 PM += SB 160 BUDGET: CAPITAL + FY13 Capital Budget: Agency Overviews + Bills Previously Heard/Scheduled 2012-03-02 Senate Journal Page 1715 FINANCE (continued) Mar 06 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 07 Wednesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 08 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 09 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 02 Friday Butrovich 205 1:30 PM No Meeting Scheduled Mar 05 Monday Butrovich 205 1:30 PM + SB 202 RESUSCITATION PROTOCOL DOCUMENTS + SB 151 FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR + Presentation: Governor's Council on Disabilities & Special Education - Millie Ryan, Exec. Director Bills Previously Heard/Scheduled Mar 07 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 09 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 02 Friday Beltz 105 (tsbldg) 1:30 PM + Overview: Bonding Requirements for Major Mine Projects -- Testimony <Invitation Only> -- 2012-03-02 Senate Journal Page 1716 JUDICIARY (continued) Mar 05 Monday Beltz 105 (tsbldg) 1:30 PM + Confirmation Hearing: Select Committee on Legislative Ethics: Herman G. Walker, Anchorage Dennis "Skip" Cook, Fairbanks + HB 6 REMOVING A REGENT + HB 215 PIPELINE PROJECT: JUDICIAL REVIEW/ROW + Bills Previously Heard/Scheduled Mar 07 Wednesday Beltz 105 (tsbldg) 1:30 PM + HB 80 SELF DEFENSE + SB 134 CHILD SUPPORT AWARDS + Bills Previously Heard/Scheduled Mar 09 Friday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 06 Tuesday Beltz 105 (tsbldg) 1:30 PM += SB 217 PHARMACY AUDITS Mar 08 Thursday Beltz 105 (tsbldg) 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES Mar 02 Friday Butrovich 205 3:30 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES -- Testimony <Invitation Only> -- Mar 03 Saturday Butrovich 205 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES -- Testimony <Invitation Only> -- Mar 05 Monday Butrovich 205 3:30 PM Bills Previously Heard/Scheduled 2012-03-02 Senate Journal Page 1717 RESOURCES (continued) Mar 07 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 09 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Mar 06 Tuesday Butrovich 205 9:00 AM + SB 222 APPROP: BASE CLOSURE/REALIGNMENT STUDY += SB 29 TAX EXPENDITURE REPORT + SB 208 DISASTER PLANNING AND SERVICES + Bills Previously Heard/Scheduled Mar 08 Thursday Butrovich 205 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Mar 06 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Mar 08 Thursday Butrovich 205 1:00 PM No Meeting Scheduled Mar 13 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled Mar 15 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- 2012-03-02 Senate Journal Page 1718 FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Mar 20 Tuesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- CORRECTIONS Mar 06 Tuesday Butrovich 205 5:00 PM Overview of Budget Requests Review Select Staffing Issues - Compliance w/ 2010 Legislative Audit - Adjustment to Shift Scheduling Methodology Mar 13 Tuesday Butrovich 205 5:00 PM Review Select Facility Issues - Update on Goose Creek Correctional Complex Progress - Update on Fairbanks & Bethel Facility Expansion Projects - Review Community Jails Funding and Funding Allocation Review Inmate Health Care Cost Management Strategies Mar 20 Tuesday Butrovich 205 5:00 PM Review Rehabilitation and Reentry Program Funding ---------------------------------------- COURT SYSTEM Mar 15 Thursday Fahrenkamp 203 5:00 PM + Closeout ---------------------------------------- 2012-03-02 Senate Journal Page 1719 EDUCATION & EARLY DEVELOPMENT Mar 06 Tuesday Fahrenkamp 203 3:30 PM + FY 13 Budget Request Mar 13 Tuesday Fahrenkamp 203 3:30 PM + Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 13 Tuesday Fahrenkamp 203 12:00 PM + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- FISH & GAME Mar 16 Friday Beltz 105 (tsbldg) 8:00 AM + FY 13 Budget Pre-Closeout -- Testimony <Invitation Only> -- Mar 20 Tuesday Beltz 105 (tsbldg) 8:00 AM + FY 13 Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 16 Friday Beltz 105 (tsbldg) 3:30 PM + FY13 Budget Pre-Closeout -- Testimony <Invitation Only> -- Mar 20 Tuesday Beltz 105 (tsbldg) 3:30 PM + FY13 Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- 2012-03-02 Senate Journal Page 1720 LABOR & WORKFORCE DEVELOPMENT Mar 22 Thursday Butrovich 205 3:00 PM DOLWD Budget - Department Addresses Additional Questions and Overview of House Budget Actions ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 15 Thursday Fahrenkamp 203 12:00 PM + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- NATURAL RESOURCES Mar 22 Thursday Butrovich 205 11:00 AM DNR Budget - Department Addresses Committee Questions; Overview of House Budget Actions ---------------------------------------- PUBLIC SAFETY Mar 15 Thursday Beltz 105 (tsbldg) 8:00 AM + Pre-Close-Out and Question/Answer Session -- Testimony <Invitation Only> -- Mar 22 Thursday Beltz 105 (tsbldg) 8:00 AM + Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 28 Wednesday House Finance 519 8:00 AM Audits - Executive Session Other Committee Business ---------------------------------------- 2012-03-02 Senate Journal Page 1721 OTHER MEETINGS JOINT SESSION Mar 05 Monday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETING Mar 10 Saturday Barnes 124 10:00 AM + Continued Discussion of Taku River Fisheries -- Public Testimony on Draft Report -- Sponsored by the Juneau Legislative Delegation: Sen. Egan and Reps. Kerttula and Munoz