Legislature(2011 - 2012)
2012-03-19 Senate Journal
Full Journal pdf2012-03-19 Senate Journal Page 1877 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 19, 2012 Sixty-third Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:02 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Archbishop Roger L. Schwietz, of the Roman Catholic Archdiocese of Anchorage. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. We read in the Book of Wisdom: "Resplendent and unfading is Wisdom, and she is readily perceived by those who love her, and found by those who seek her. She hastens to make herself known to those who desire her, one who watches for her at dawn will not be disappointed, for she will be found sitting at the gate." Let us pray: As I seek your wisdom, O Saving God, I ask you to protect this State of Alaska in which we live and toil. Inspire, Lord, with constant dedication those who work for its welfare. I commend to your loving care all in this Senate Assembly and their associates. Give the Wisdom that you alone can give to their thoughts and deliberations. 2012-03-19 Senate Journal Page 1878 Inspire them, Lord, to find solutions to protect our environment and to improve our human relations, to show compassion for the poor, the homeless, the neglected, and the forsaken children. Through the work of this body today, may we continue to grow as a society of free people, given to the promotion of human dignity and capable of addressing the challenges of contemporary life. Through the work of this elected assembly, may we prosper as Alaskans in civic harmony and peace. Yours be the praise and glory, now and for all ages to come. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. Certification Senator Meyer moved and asked unanimous consent that the journals for the sixtieth through sixty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SJR 17 Message dated March 16 was read stating the House passed and returned: SENATE JOINT RESOLUTION NO. 17 Welcoming the Arctic Council Task Force for Arctic Marine Oil Pollution Preparedness and Response to the state for its March 2012 meeting and urging the task force to use its time in the state to inform and inspire the work of the task force. The resolution was referred to the Secretary for enrollment. 2012-03-19 Senate Journal Page 1879 SB 173 Message dated March 16 was read stating the House passed and returned: SENATE BILL NO. 173 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." The bill was referred to the Secretary for enrollment. Message dated March 16 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 25 CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, Celebrating the 75th anniversary of the Wildlife and Sport Fish Restoration Program. was read the first time and referred to the Resources Committee. Standing Committee Reports SB 205 The Resources Committee considered SENATE BILL NO. 205 "An Act establishing the Alaska Chinook research and restoration endowment fund and relating to grants from the fund" and recommended it be replaced with CS FOR SENATE BILL NO. 205(RES) Signing do pass: Senators Wagoner, Paskvan, Cochairs; Senators French, Wielechowski, Stevens. 2012-03-19 Senate Journal Page 1880 The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development Fiscal Note No. 2, Department of Revenue Fiscal Note No. 3, zero, Department of Administration Fiscal Note No. 4, zero, Department of Fish and Game The bill was referred to the Finance Committee. Consideration of the Calendar Second Reading of House Bills HB 307 CS FOR HOUSE BILL NO. 307(FIN) "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; repealing appropriations; making appropriations to capitalize funds; and providing for an effective date" was read the second time. Senator Meyer moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 307(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 307(FIN) "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; repealing appropriations; making appropriations to capitalize funds; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 307(FIN) Third Reading - Final Passage Effective Date 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 2012-03-19 Senate Journal Page 1881 and so, CS FOR HOUSE BILL NO. 307(FIN) passed the Senate. Senator Meyer moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Citations Honoring - Indigenous World Film Festival 2012 Senator(s) Ellis, Stevens, Coghill, Davis, Dyson, Egan, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Pruitt Honoring - Josh Thompson, 2011 Fireman of the Year, Kenai Central Emergency Services Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Representative(s) Olson Honoring - 2011 Outstanding School Board of the Year, Kenai Peninsula Borough School District Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski Representative(s) Olson Honoring - Margaret "Peg" Coleman Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Seaton Honoring - Dean Brimley Senator(s) Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Representative(s) Seaton 2012-03-19 Senate Journal Page 1882 Honoring - Respected Elder Chief Ben T. Neeley Representative(s) Dick Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, French, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Honoring - Tay and Lowell Thomas, Jr. Representative(s) Gardner Senator(s) Ellis, Stevens, Coghill, Davis, Dyson, Egan, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Ronald James Johnson Senator(s) Wagoner, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wielechowski In Memoriam - Romer Derr Representative(s) Munoz, Kerttula, Stoltze Senator(s) Egan, Huggins, Stevens, Coghill, Davis, Dyson, Ellis, Giessel, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Angelica Flores Representative(s) Gardner Senator(s) Ellis, Stevens, Coghill, Davis, Dyson, Egan, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Wayne Harlan Walters Representative(s) Dick Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Norman "Buckets" Burgett Representative(s) Dick Senator(s) Kookesh, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski 2012-03-19 Senate Journal Page 1883 In Memoriam - Dwight Roy Blackburn Representative(s) Gruenberg Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner In Memoriam - Sanford M. "Sandy" Gibbs Representative(s) Gruenberg Senator(s) Wielechowski, Stevens, Coghill, Davis, Dyson, Egan, Ellis, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner 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 citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Staff Sgt. Thomas McRae Representative(s) Munoz, Kerttula Senator(s) Egan, Stevens, Coghill, Davis, Dyson, Ellis, French, Giessel, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Meyer moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. EO 116 In accordance with art. III, sec. 23, Constitution of the State of Alaska, and AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Office of the Governor at 11:38 a.m., March 19, 2012: 2012-03-19 Senate Journal Page 1884 EXECUTIVE ORDER NO. 116 Transferring certain hearing and appeal functions of the Department of Health and Social Services to the office of administrative hearings in the Department of Administration. Senator Coghill moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, March 23 through morning plane time, March 26. Without objection, Senator Coghill was excused. Senator Giessel moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, March 30 through evening plane time, April 1. Without objection, Senator Giessel was excused. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from April 16 through April 24. Without objection, Senator Dyson was excused. Announcements Announcements are at the end of the journal. Enrollment SJR 17 SENATE JOINT RESOLUTION NO. 17 Welcoming the Arctic Council Task Force for Arctic Marine Oil Pollution Preparedness and Response to the state for its March 2012 meeting and urging the task force to use its time in the state to inform and inspire the work of the task force, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:32 a.m., March 19, 2012. Legislative Resolve No. 29 2012-03-19 Senate Journal Page 1885 Adjournment Senator Meyer moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 21, 2012. Without objection, the Senate adjourned at 11:30 a.m. Kirsten Waid Secretary of the Senate 2012-03-19 Senate Journal Page 1886 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 20 Tuesday Beltz 105 (tsbldg) 3:30 PM No Meeting Scheduled Mar 22 Thursday Beltz 105 (tsbldg) 3:30 PM + HB 131 COMMUNITY AND TRANSPORTATION ADV. BOARD + SB 225 ESTABLISH ENDOW ALASKA GRANT PROGRAM + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Mar 19 Monday Beltz 105 (tsbldg) 8:00 AM + University of Alaska Presentation: President Pat Gamble Mar 21 Wednesday Beltz 105 (tsbldg) 8:00 AM + Presentation on the Mayor's Education Summit: Mayor Dan Sullivan Mar 23 Friday Beltz 105 (tsbldg) 8:00 AM + Alaska Tech Prep Consortium Presentation ---------------------------------------- 2012-03-19 Senate Journal Page 1887 FINANCE Mar 19 Monday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Public Testimony + Bills Previously Heard/Scheduled Mar 19 Monday Senate Finance 532 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Public Testimony + Bills Previously Heard/Scheduled Mar 20 Tuesday Senate Finance 532 9:00 AM + SB 91 SPORT FISHING GUIDING SERVICES + SB 201 OIL AND GAS CORPORATE TAXES + SB 146 SNOW CLASSIC + Bills Previously Heard/Scheduled Mar 20 Tuesday Senate Finance 532 1:00 PM + Bills Previously Heard/Scheduled Mar 21 Wednesday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Industry Testimony + Bills Previously Heard/Scheduled Mar 21 Wednesday Senate Finance 532 1:00 PM + Bills Previously Heard/Scheduled Mar 21 Wednesday Senate Finance 532 5:00 PM += SB 160 BUDGET: CAPITAL + Statewide Public Testimony + Bills Previously Heard/Scheduled Mar 22 Thursday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentation by PFC Energy + Bills Previously Heard/Scheduled Mar 22 Thursday Senate Finance 532 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentation by PFC Energy + Bills Previously Heard/Scheduled 2012-03-19 Senate Journal Page 1888 FINANCE (continued) Mar 23 Friday Senate Finance 532 9:00 AM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentation by PFC Energy + Bills Previously Heard/Scheduled Mar 23 Friday Senate Finance 532 1:00 PM += SB 192 OIL AND GAS PRODUCTION TAX RATES + Presentation by PFC Energy + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 19 Monday Butrovich 205 1:30 PM + Presentation - Alaska Brain Injury Network, Dr. Heather Macomber, Board Member Bills Previously Heard/Scheduled += SB 5 MEDICAL ASSISTANCE ELIGIBILITY Mar 21 Wednesday Butrovich 205 1:30 PM + SB 118 MEDICAID REIMBURSEMENT FOR FAMILY THERAPY += SB 55 MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES + SB 221 ALCOHOLIC BEV. TAX/PREVENTION FUND Bills Previously Heard/Scheduled Mar 23 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 19 Monday Beltz 105 (tsbldg) 1:30 PM + SB 172 CARE DIRECTIVES/DO NOT RESUSCITATE ORDERS + SB 198 POLICE OFFICER PROTECTIONS/CERTIFICATION + Bills Previously Heard/Scheduled 2012-03-19 Senate Journal Page 1889 JUDICIARY (continued) Mar 21 Wednesday Beltz 105 (tsbldg) 1:30 PM + Board Confirmations Police Standards Council: Brad Reich, Kiana; Gustaf Sandahl, Kenai; Sheldon Schmitt, Sitka; Jamie Sunderland, Unalaska; Ronald Taylor, Anchorage Commission on Judicial Conduct: Robert Sheldon, Anchorage State Board of Parole: Michael Stark, Juneau Violent Crimes Compensation Board: Dr. Regina Chennault, Anchorage + Bills Previously Heard/Scheduled Mar 23 Friday Beltz 105 (tsbldg) 1:30 PM + SJR 19 CONST. AM: REDISTRICTING BOARD += SB 180 NATURALLY OCCURRING ASBESTOS IN GRAVEL + SB 138 THIRD-PARTY CHARGES ON TELEPHONE BILLS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 20 Tuesday Beltz 105 (tsbldg) 1:30 PM + SB 224 EVIDENCE RULES: UNION/EMPLOYEE PRIVILEGE + Bills Previously Heard/Scheduled += HB 168 INJUNCTION SECURITY: INDUSTRIAL OPERATION Mar 22 Thursday Beltz 105 (tsbldg) 1:30 PM + Bills Previously Heard/Scheduled += SB 224 EVIDENCE RULES: UNION/EMPLOYEE PRIVILEGE ---------------------------------------- RESOURCES Mar 19 Monday Butrovich 205 3:30 PM + SB 215 GASLINE DEV. CORP: IN-STATE GAS PIPELINE + HJR 29 BLM LEGACY OIL WELL CLEAN UP Bills Previously Heard/Scheduled 2012-03-19 Senate Journal Page 1890 RESOURCES (continued) Mar 21 Wednesday Butrovich 205 3:30 PM + Presentation by Buccaneer Alaska - Cook Inlet Activities + Presentation by Furie - Cook Inlet Activities Bills Previously Heard/Scheduled Mar 23 Friday Butrovich 205 3:30 PM + SB 209 DEVELOPMENT PLANS FOR OIL & GAS LEASES + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 20 Tuesday Butrovich 205 9:00 AM No Meeting Scheduled Mar 22 Thursday Butrovich 205 9:00 AM + SB 132 PROVISIONAL DRIVER'S LICENSE STICKER + HJR 34 COAST GUARD ICEBREAKERS & ARCTIC BASE + HB 129 DECEASED VETERAN DEATH CERTIFICATE + HB 180 VETERAN DESIGNATION ON DRIVER'S LICENSE + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 20 Tuesday Butrovich 205 1:00 PM HB 246 NAMING CERTAIN BRIDGES HB 271 COMMERCIAL MOTOR VEHICLE REQUIREMENTS Mar 22 Thursday Butrovich 205 1:00 PM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 22 Thursday Butrovich 205 6:00 PM Closeout ---------------------------------------- 2012-03-19 Senate Journal Page 1891 COMMERCE, COMMUNITY & ECONOMIC DEV Mar 20 Tuesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- CORRECTIONS Mar 20 Tuesday Butrovich 205 5:00 PM Review Rehabilitation and Reentry Program Funding Mar 22 Thursday Butrovich 205 6:30 PM Closeout ---------------------------------------- COURT SYSTEM Mar 22 Thursday Fahrenkamp 203 5:00 PM + Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 20 Tuesday Fahrenkamp 203 3:30 PM + Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 22 Thursday Fahrenkamp 203 12:00 PM + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- FISH & GAME Mar 20 Tuesday Beltz 105 (tsbldg) 8:00 AM + FY 13 Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- 2012-03-19 Senate Journal Page 1892 GOVERNOR Mar 21 Wednesday Senate Finance 532 3:00 PM Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 20 Tuesday Beltz 105 (tsbldg) 3:30 PM + FY13 Budget Closeout -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 22 Thursday Butrovich 205 3:00 PM Departmental Budget Closeout ---------------------------------------- LAW Mar 23 Friday Senate Finance 532 8:00 AM Budget Closeout ---------------------------------------- LEGISLATURE Mar 21 Wednesday Senate Finance 532 3:15 PM Closeout ---------------------------------------- MILITARY & VETERANS' AFFAIRS Mar 22 Thursday Fahrenkamp 203 11:30 AM -- Time Change -- + Closeout -- Testimony <Invitation Only> -- ---------------------------------------- NATURAL RESOURCES Mar 22 Thursday Butrovich 205 11:00 AM Departmental Budget Closeout ---------------------------------------- 2012-03-19 Senate Journal Page 1893 PUBLIC SAFETY Mar 22 Thursday Beltz 105 (tsbldg) 8:00 AM + Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Mar 21 Wednesday Senate Finance 532 8:00 AM Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 19 Monday Senate Finance 532 8:00 AM -- Revised Schedule -- Budget Detail Mar 22 Thursday Senate Finance 532 8:00 AM -- Revised Schedule -- Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 22 Thursday Senate Finance 532 9:00 AM Closeout ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 20 Tuesday Fahrenkamp 203 1:30 PM + Proposed Changes in 12 AAC 56.115 - Pleasure Craft Exemptions -- Testimony <Invitation Only> -- 7 AAC 70.110 - Additional Requirements for Providing Alcohol and Drug Detoxification Services -- Testimony <Invitation Only> -- ---------------------------------------- 2012-03-19 Senate Journal Page 1894 LEGISLATIVE BUDGET & AUDIT Mar 28 Wednesday House Finance 519 8:00 AM Audits - Executive Session Other Committee Business ---------------------------------------- LEGISLATIVE COUNCIL Mar 22 Thursday House Finance 519 5:00 PM Agenda to be Announced ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 22 Thursday Sen Conf Rm 103 Tsb 8:30 AM SENATE SUBCOMMITTEE - 8:30 AM to 10:30 AM + Public Comment Approval of Minutes Executive Session Public Session ---------------------------------------- OTHER MEETINGS MISCELLANEOUS MEETING Mar 19 Monday Fahrenkamp 203 12:00 PM Lunch & Learn: Bristol Bay Native Corporation Presentations by Jason Metrokin, President & CEO and Tiel Smith, Vice President Land & Regional Operations Hosted by Sen. Hoffman and Rep. Edgmon Mar 20 Tuesday Butrovich 205 12:00 PM Lunch and Learn Diversifying Alaska's Economy Through Applied Energy Resources Presentation by Gwen Holdmann, Director Alaska Center for Energy and Power Lunch Provided Event Sponsored by the Senate Resources Committee and the University of Alaska