Legislature(2013 - 2014)
2013-04-13 Senate Journal
Full Journal pdf2013-04-13 Senate Journal Page 1211 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-EIGHTH LEGISLATURE FIRST SESSION Juneau, Alaska Saturday April 13, 2013 Eighty-ninth Day Pursuant to adjournment the Senate was called to order by President Huggins at 1:11 p.m. The roll showed nineteen members present. Senator Kelly was absent. The prayer was offered by the Chaplain, Senator Wielechowski. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Mr. President, On this beautiful spring day, as we near the end of our session, and passions run high, and as we struggle with major financial decisions, and as Alaskans struggle with high energy costs, I offer this prayer by a former Senate President that is as relevant today as it was 25 years ago: Our God, we try to resist asking your help to get our way, but we ask that we may help to get your way. We would, however, like it if your way was that oil prices be high by the barrel and low by the gallon. Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Coghill moved and asked unanimous consent that the journal for the eighty-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2013-04-13 Senate Journal Page 1212 Messages from the Governor SB 1 Message was read stating the Governor signed the following bill on April 12 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 1(efd add H) "An Act establishing May 10 of each year as Alaska Mining Day; and providing for an effective date." Chapter 6, SLA 2013 Effective Date: 4/13/13 Messages from the House SB 2 Message dated April 12 was read stating the House passed and returned: SENATE BILL NO. 2 "An Act enacting the Interstate Mining Compact and relating to the compact; relating to the Interstate Mining Commission; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 16 Message dated April 12 was read stating the House passed and returned: SENATE BILL NO. 16 "An Act relating to the Board of Registration for Architects, Engineers, and Land Surveyors and to the Department of Commerce, Community, and Economic Development." The bill was referred to the Secretary for enrollment. 2013-04-13 Senate Journal Page 1213 SB 85 Message dated April 12 was read stating the House passed and returned: CS FOR SENATE BILL NO. 85(TRA) "An Act relating to experimental vehicles." The bill was referred to the Secretary for enrollment. SB 87 Message dated April 12 was read stating the House passed and returned: CS FOR SENATE BILL NO. 87(HSS) "An Act requiring screening of newborns for congenital heart defects; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 88 Message dated April 12 was read stating the House passed and returned: SENATE BILL NO. 88 "An Act authorizing the state bond committee to issue certificates of participation to finance the construction and equipping of residential housing to serve the Anchorage campus of the Alaska Native Medical Center; and authorizing the Department of Administration to enter into a lease-purchase agreement for the benefit of the Alaska Native Tribal Health Consortium." The bill was referred to the Secretary for enrollment. SCR 4 Message dated April 12 was read stating the House passed and returned: 2013-04-13 Senate Journal Page 1214 SENATE CONCURRENT RESOLUTION NO. 4 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 33, adding definitions of "gravity knife" and "switchblade" to the criminal law; and relating to reserving the authority to regulate knives to the state with limited exceptions for municipalities to regulate knives. The resolution was referred to the Secretary for enrollment. SCR 8 Message dated April 12 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 8 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 94, naming the northbound Chena Flood Channel Crossing Bridge the Nellie Miller Bridge and naming the southbound Chena Flood Channel Crossing Bridge the Con Miller Bridge. The resolution was referred to the Secretary for enrollment. HB 33 Message dated April 12 was read stating the House concurred in the Senate amendment to HOUSE BILL NO. 33 "An Act adding definitions of 'gravity knife' and 'switchblade' to the criminal law; and relating to reserving the authority to regulate knives to the state with limited exceptions for municipalities to regulate knives" thus adopting: SENATE CS FOR HOUSE BILL NO. 33(JUD) "An Act amending certain provisions of criminal law prohibiting the manufacture, sale, transfer, or possession of switchblades and gravity knives; adding definitions of 'gravity knife' and 'switchblade' to the criminal law; and reserving to the state, with limited exceptions for municipalities, the authority to regulate knives." (Title Change SCR 4) 2013-04-13 Senate Journal Page 1215 HB 40 Message dated April 12 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 40(CRA), thus adopting: CS FOR HOUSE BILL NO. 40(CRA) am S "An Act establishing a municipal tax exemption for certain farm structures." HB 94 Message dated April 12 was read stating the House concurred in the Senate amendment to HOUSE BILL NO. 94 "An Act naming the northbound Chena Flood Channel Crossing Bridge the Nellie Miller Bridge and naming the southbound Chena Flood Channel Crossing Bridge the Con Miller Bridge" thus adopting: SENATE CS FOR HOUSE BILL NO. 94(FIN) "An Act naming the northbound Chena Flood Channel Crossing Bridge the Nellie 'the original Mrs. Claus' Miller Bridge and naming the southbound Chena Flood Channel Crossing Bridge the Con 'the original Santa Claus' Miller Bridge; and designating that portion of East Blue Lupine Drive in Wasilla between Hyer Road and Hay Street the Lowell J. Ray Memorial Corridor." (Title Change SCR 8) Concur Messages SB 24 Message dated April 12 was read stating the House passed and returned for consideration SENATE BILL NO. 24 "An Act relating to the Alaska Marine Transportation Advisory Board" with the following amendment: HOUSE CS FOR SENATE BILL NO. 24(TRA) Senator Coghill moved that the Senate concur in the House amendment. 2013-04-13 Senate Journal Page 1216 The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS SB 24(TRA) Shall the Senate Concur in the House Amendment to SB 24? YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Absent: Kelly and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 24(TRA) "An Act relating to the Alaska Marine Transportation Advisory Board." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Communications The following report is on file in the Office of the Secretary of the Senate: Alaska State Commission for Human Rights 2012 Annual Report from Lester Lunceford, Chairperson in accordance with AS 18.80.150 Standing Committee Reports HB 57 The Judiciary Committee considered CS FOR HOUSE BILL NO. 57(JUD) "An Act adopting the Alaska Entity Transactions Act; relating to changing the form of entities, including corporations, partnerships, limited liability companies, business trusts, and other 2013-04-13 Senate Journal Page 1217 organizations; amending Rule 79, Alaska Rules of Civil Procedure, and Rules 602(b)(2), 602(c), and 605.5, Alaska Rules of Appellate Procedure; and providing for an effective date." Signing do pass: Senator Coghill, Chair; Senator McGuire. Signing no recommendation: Senators Wielechowski, Dyson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill is on today's calendar. HB 180 The Finance Committee considered HOUSE BILL NO. 180 "An Act relating to the Alaska Challenge Youth Academy; and providing for an effective date." Signing do pass: Senator Fairclough, Vice Chair; Senators Hoffman, Bishop, Dunleavy. Signing no recommendation: Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 3, Department of Military and Veterans Affairs Fiscal Note No. 4, Department of Education and Early Development The bill is on today's calendar. SCR 3 The Judiciary Committee considered SENATE CONCURRENT RESOLUTION NO. 3 Establishing the Joint Committee on Access and Federal Overreach; and recommending that the Governor establish a working group to consider establishing a permanent office or authority to preserve state sovereignty, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 3(JUD) Signing do pass: Senator Coghill, Chair; Senators McGuire, Dyson. Signing no recommendation: Senator Wielechowski. 2013-04-13 Senate Journal Page 1218 The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Judiciary Committee The resolution is on today's calendar. HJR 14 The Health and Social Services Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 14(HSS) Requesting the United States Congress, the Governor, and the state's congressional delegation to take actions necessary to delay implementation of the Patient Protection and Affordable Care Act, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 14(HSS) Signing do pass: Senator Stedman, Chair; Senators Kelly, Meyer. Signing no recommendation: Senator Micciche. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Health and Social Services Committee The resolution is on today's calendar. HCR 6 The Finance Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(EDT) Recognizing the Alaska Center for Unmanned Aircraft Systems Integration at the University of Alaska Fairbanks as a national leader in unmanned aircraft research and development; and relating to a Task Force on Unmanned Aircraft Systems, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FIN) Signing do pass: Senator Meyer, Cochair; Senators Fairclough, Bishop, Dunleavy. Signing no recommendation: Senators Hoffman, Olson. 2013-04-13 Senate Journal Page 1219 The following fiscal information was published today: Fiscal Note No. 3, indeterminate, Legislative Agency The resolution was referred to the Rules Committee. Special Committee Reports HB 65 The following report was received and distributed at 1:00 p.m., April 13: April 13, 2013 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered SENATE CS FOR CS FOR HOUSE BILL NO. 65(FIN) and CS FOR HOUSE BILL NO. 65(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 65 "An Act making appropriations for the operating and loan program expenses of state government and for certain programs, capitalizing funds, and making reappropriations; and providing for an effective date." be adopted. A fiscal note packet was attached. Signing the report: Senator Kelly, Chair, Senators Meyer, Hoffman; Representative Austerman, Chair, Representatives Stoltze, Gara. President Huggins stated the report would be held on the Secretary's desk. 2013-04-13 Senate Journal Page 1220 HB 66 The following report was received and distributed at 1:00 p.m., April 13: April 13, 2013 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) and CS FOR HOUSE BILL NO. 66(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 66 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program and making a reappropriation; and providing for an effective date." be adopted. A fiscal note packet was attached. Signing the report: Senator Kelly, Chair, Senators Meyer, Hoffman; Representative Austerman, Chair, Representatives Stoltze, Gara. President Huggins stated the report would be held on the Secretary's desk. Consideration of the Calendar Second Reading of House Bills HB 50 CS FOR HOUSE BILL NO. 50(FIN) "An Act authorizing the Alaska Housing Finance Corporation to allow certain commercial uses in a multi-unit residential housing development owned or financed by the corporation and limiting the Alcoholic Beverage Control Board's issuance of certain licenses to premises in the residential housing development" was read the second time. 2013-04-13 Senate Journal Page 1221 Senator Coghill 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. 50(FIN) was read the third time. Senators McGuire, Bishop, Gardner, Fairclough, Meyer, Ellis moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 50(FIN) "An Act authorizing the Alaska Housing Finance Corporation to allow certain commercial uses in a multi-unit residential housing development owned or financed by the corporation and limiting the Alcoholic Beverage Control Board's issuance of certain licenses to premises in the residential housing development" pass the Senate?" The roll was taken with the following result: CSHB 50(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Absent: Kelly and so, CS FOR HOUSE BILL NO. 50(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HB 57 CS FOR HOUSE BILL NO. 57(JUD) "An Act adopting the Alaska Entity Transactions Act; relating to changing the form of entities, including corporations, partnerships, limited liability companies, business trusts, and other organizations; amending Rule 79, Alaska Rules of Civil Procedure, and Rules 602(b)(2), 602(c), and 605.5, Alaska Rules of Appellate Procedure; and providing for an effective date" was read the second time. 2013-04-13 Senate Journal Page 1222 Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Ellis objected, then withdrew his objection. There being no further objection, it was so ordered. CS FOR HOUSE BILL NO. 57(JUD) was read the third time. Senators McGuire, Coghill moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 57(JUD) "An Act adopting the Alaska Entity Transactions Act; relating to changing the form of entities, including corporations, partnerships, limited liability companies, business trusts, and other organizations; amending Rule 79, Alaska Rules of Civil Procedure, and Rules 602(b)(2), 602(c), and 605.5, Alaska Rules of Appellate Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 57(JUD) Third Reading - Final Passage Effective Dates Court Rules YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Absent: Kelly and so, CS FOR HOUSE BILL NO. 57(JUD) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. 2013-04-13 Senate Journal Page 1223 The presence of Senator Kelly was noted. HB 76 CS FOR HOUSE BILL NO. 76(FIN) "An Act relating to electronic filing of certain information with the Department of Labor and Workforce Development; relating to fund solvency adjustments, rate increase reduction, prohibition on the relief of certain charges, the unemployment trust fund account, and the offset of certain unemployment compensation debt under the Alaska Employment Security Act; relating to the definition of 'covered unemployment compensation debt' in the Alaska Employment Security Act; and providing for an effective date" was read the second time. Senator Ellis offered Amendment No. 1 : Page 1, lines 2 - 3: Delete "rate increase reduction," Page 4, line 17, through page 5, line 4: Delete all material. Renumber the following bill sections accordingly. Page 6, line 14: Delete "Section 12" Insert "Section 11" Page 6, line 15: Delete "sec. 13" Insert "sec. 12" Senator Ellis moved for the adoption of Amendment No. 1. Senator Dunleavy objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 76(FIN) Second Reading Amendment No. 1 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 2013-04-13 Senate Journal Page 1224 Yeas: Bishop, Ellis, French, Gardner, Olson, Wielechowski Nays: Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens and so, Amendment No. 1 failed. Senator Coghill 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. 76(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 76(FIN) "An Act relating to electronic filing of certain information with the Department of Labor and Workforce Development; relating to fund solvency adjustments, rate increase reduction, prohibition on the relief of certain charges, the unemployment trust fund account, and the offset of certain unemployment compensation debt under the Alaska Employment Security Act; relating to the definition of 'covered unemployment compensation debt' in the Alaska Employment Security Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 76(FIN) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Ellis and so, CS FOR HOUSE BILL NO. 76(FIN) passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. 2013-04-13 Senate Journal Page 1225 HB 129 CS FOR HOUSE BILL NO. 129(FIN) "An Act relating to approval for oil and gas or gas only exploration and development in a geographical area; and providing for an effective date" was read the second time. Senator Wielechowski offered Amendment No. 1 : Page 1, line 4, through page 3, line 5: Delete all material. Page 3, line 6: Delete "Sec. 2" Insert "Section 1" Delete "a new subsection" Insert "new subsections" Renumber the following bill section accordingly. Page 3, following line 21: Insert a new subsection to read: "(p) When the director is considering approval of a lease or unit plan of operations, the director shall (1) analyze and consider the cumulative impacts of the project; (2) provide public notice of the cumulative impact analysis in the method, form, and content described in AS 38.05.945(b) and (c); and (3) provide opportunity for public comment on the cumulative impact analysis for a period of not less than 30 days. (q) For purposes of (p) of this section, a cumulative impact analysis shall consider the project as a whole, taking into account all aspects of the project and considering the project in the context of existing development. In preparing the analysis, the director is not required to speculate about unknown and unpredictable future events." Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Giessel objected. 2013-04-13 Senate Journal Page 1226 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 129(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Egan, Ellis, French, Gardner, Hoffman, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel, Huggins, Kelly, McGuire, Meyer, Micciche, Stevens Absent: Stedman and so, Amendment No. 1 failed. Senator Gardner offered Amendment No. 2 : Page 3, line 7: Delete "all or" Page 3, line 21, following "development.": Insert "The area in which exploration and development is approved under this subsection must be contiguous geographically and of similar biological, hydrological, and resource characteristics and have been included in an areawide lease sale described by the department in its five-year program of proposed oil and gas or gas only lease sales prepared under AS 38.05.180(b). The director shall include in the approval a description of the area for which the approval is applicable and how the area meets the requirements in this subsection." Senator Gardner moved for the adoption of Amendment No. 2. Senator Fairclough objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 129(FIN) Second Reading Amendment No. 2 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 2013-04-13 Senate Journal Page 1227 Yeas: Ellis, French, Gardner, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 2 failed. Senator Coghill 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. 129(FIN) was read the third time. Senator Meyer moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Meyer was required to vote. Senator Micciche moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Micciche was required to vote. The question being: "Shall CS FOR HOUSE BILL NO. 129(FIN) "An Act relating to approval for oil and gas or gas only exploration and development in a geographical area; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 129(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski Nays: Ellis and so, CS FOR HOUSE BILL NO. 129(FIN) passed the Senate. Senator Coghill 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. 2013-04-13 Senate Journal Page 1228 HB 146 CS FOR HOUSE BILL NO. 146(TRA) "An Act relating to proof of motor vehicle liability insurance; and providing for an effective date" was read the second time. Senator Coghill 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. 146(TRA) was read the third time. Senators French, McGuire, Bishop, Fairclough, Giessel, Egan, Meyer, Ellis, Stevens, Wielechowski, Dyson moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 146(TRA) "An Act relating to proof of motor vehicle liability insurance; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 146(TRA) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, CS FOR HOUSE BILL NO. 146(TRA) passed the Senate. Senator Coghill 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. HB 180 HOUSE BILL NO. 180 "An Act relating to the Alaska Challenge Youth Academy; and providing for an effective date" was read the second time. 2013-04-13 Senate Journal Page 1229 Senator Coghill moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 180 was read the third time. Senators Stevens, Coghill, McGuire, Gardner, Stedman, Ellis, Dunleavy, Micciche, Wielechowski, French moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall HOUSE BILL NO. 180 "An Act relating to the Alaska Challenge Youth Academy; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 180 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE BILL NO. 180 passed the Senate. Senator Coghill 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. Third Reading of House Bills HB 104 CS FOR HOUSE BILL NO. 104(2d JUD) "An Act relating to election practices and procedures; relating to the reporting of election campaign contributions and expenditures; relating to identification requirements for a communication paid for by a political party; relating to public records; relating to the election of an advisory school board in a regional educational attendance area; and providing for an effective date" was read the third time. 2013-04-13 Senate Journal Page 1230 Senator Coghill moved and asked unanimous consent that CS FOR HOUSE BILL NO. 104(2d JUD) be moved to the bottom of today's calendar. Without objection, it was so ordered. HB 168 CS FOR HOUSE BILL NO. 168(L&C) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 168(L&C) "An Act amending the definition of travel insurance for the purpose of describing a person eligible for a travel insurance limited producer license; and authorizing a person selling travel services to transact the business of travel insurance on behalf of and under the direction of a person licensed as a travel insurance limited producer" pass the Senate?" The roll was taken with the following result: CSHB 168(L&C) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, Meyer, Micciche, Stedman, Wielechowski Absent: McGuire, Olson, Stevens and so, CS FOR HOUSE BILL NO. 168(L&C) passed the Senate, was signed by the President and Secretary and returned to the House. House Bills in Third Reading HB 56 HOUSE BILL NO. 56 "An Act excluding motorcycles and motor- driven cycles from the passenger vehicle rental tax; and providing for an effective date" was before the Senate in third reading. Senator Wielechowski moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. 2013-04-13 Senate Journal Page 1231 Senator Wielechowski offered Amendment No. 1 : Page 1, line 2, following "tax;": Insert "suspending the motor fuel tax;" Page 2, following line 12: Insert new bill sections to read: "* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: SUSPENSION OF THE MOTOR FUEL TAX. (a) Notwithstanding any other provision of law, the motor fuel tax imposed under AS 43.40.010 is suspended and may not be collected for a period beginning July 1, 2013, and ending June 30, 2014. (b) Every person subject to AS 43.40.010(c) in the fiscal year that precedes the suspension established in (a) of this section shall submit a monthly report, under penalty of unsworn falsification, on a form or in a format prescribed by the Department of Revenue showing all sales or transfers of gasoline, diesel, and aviation fuel during the month. Sales invoices must be attached to the report supporting all sales and transfers of gasoline, diesel, and aviation fuel in the state. The report is due to the Department of Revenue on the last day of the month following the month in which sales or transfers of gasoline, diesel, or aviation fuel were made. The Department of Revenue may assess a penalty of up to $5,000 against any person that fails to file a monthly report or provide the supporting invoices as required by this subsection. (c) The Department of Revenue may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section. * Sec. 3. Section 2 of this Act is repealed July 1, 2014." Renumber the following bill section accordingly. Senator Wielechowski moved for the adoption of Amendment No. 1. Senator McGuire objected. Senator Wielechowski called the Senate. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2013-04-13 Senate Journal Page 1232 HB 56 Second Reading Amendment No. 1 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Dunleavy, Ellis, French, Wielechowski Nays: Bishop, Coghill, Dyson, Egan, Fairclough, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens and so, Amendment No. 1 failed. HOUSE BILL NO. 56 was automatically in third reading. The question being: "Shall HOUSE BILL NO. 56 "An Act excluding motorcycles and motor-driven cycles from the passenger vehicle rental tax; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 56 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE BILL NO. 56 passed the Senate. Senator Coghill 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. HB 77 SENATE CS FOR CS FOR HOUSE BILL NO. 77(FIN) "An Act relating to the Alaska Land Act, including certain authorizations, contracts, leases, permits, or other disposals of state land, resources, property, or interests; relating to authorization for the use of state land 2013-04-13 Senate Journal Page 1233 by general permit; relating to exchange of state land; establishing that performance of a feasibility study for the development and operation of a hydroelectric site at Chikuminuk Lake is not considered an incompatible use of the Wood-Tikchik State Park; relating to procedures for certain administrative appeals and requests for reconsideration to the commissioner of natural resources; relating to the Alaska Water Use Act; and providing for an effective date" was before the Senate in third reading. Senator Coghill moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 77(FIN) be moved to the bottom of today's calendar. Without objection, it was so ordered. Recess Senator Coghill moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:32 p.m. After Recess The Senate reconvened at 4:28 p.m. House Bills in Third Reading (continued) HB 198 HOUSE BILL NO. 198 am "An Act relating to the primary period of an oil and gas or gas only lease and the extension of a lease; relating to terms to be included in an oil and gas or gas only lease; relating to rental for an oil and gas or gas only lease; and providing for an effective date" was before the Senate in third reading. Senator Meyer moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Meyer was required to vote. Senator Micciche moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Micciche was required to vote. 2013-04-13 Senate Journal Page 1234 The question being: "Shall HOUSE BILL NO. 198 am "An Act relating to the primary period of an oil and gas or gas only lease and the extension of a lease; relating to terms to be included in an oil and gas or gas only lease; relating to rental for an oil and gas or gas only lease; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 198 am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, HOUSE BILL NO. 198 am passed the Senate. Senator Coghill 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. Second Reading of Senate Resolutions SCR 3 SENATE CONCURRENT RESOLUTION NO. 3 Establishing the Joint Committee on Access and Federal Overreach; and recommending that the Governor establish a working group to consider establishing a permanent office or authority to preserve state sovereignty, was read the second time. Senator Coghill, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1217. Senator Ellis objected, then withdrew his objection. There being no further objection, CS FOR SENATE CONCURRENT RESOLUTION NO. 3(JUD) was adopted and was before the Senate on final passage. 2013-04-13 Senate Journal Page 1235 Senators Micciche, Coghill, Bishop, Fairclough, Giessel, Meyer, Dunleavy, Stevens, Dyson, Kelly, Stedman moved and asked unanimous consent to be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 3(JUD) Establishing the Joint Committee on Access and Federal Overreach; and recommending that the Governor establish a working group to consider establishing a permanent office or authority to preserve state sovereignty, pass the Senate?" The roll was taken with the following result: CSSCR 3(JUD) Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 3(JUD) passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 13 CS FOR HOUSE JOINT RESOLUTION NO. 13(TRA) Urging the United States Congress and the President of the United States to complete the funding and acquisition of three additional National Security Cutters and to home port one of the cutters in Kodiak, Alaska, was read the second time. Senator Coghill moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 13(TRA) was read the third time. 2013-04-13 Senate Journal Page 1236 The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 13(TRA) Urging the United States Congress and the President of the United States to complete the funding and acquisition of three additional National Security Cutters and to home port one of the cutters in Kodiak, Alaska, pass the Senate?" The roll was taken with the following result: CSHJR 13(TRA) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Ellis, Fairclough, French, Gardner, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens, Wielechowski and so, CS FOR HOUSE JOINT RESOLUTION NO. 13(TRA) passed the Senate, was signed by the President and Secretary and returned to the House. HJR 14 CS FOR HOUSE JOINT RESOLUTION NO. 14(HSS) Requesting the United States Congress, the Governor, and the state's congressional delegation to take actions necessary to delay implementation of the Patient Protection and Affordable Care Act, was read the second time. Senator Stedman, Chair, moved and asked unanimous consent for the adoption of the Health and Social Services Senate Committee Substitute offered on page 1218. Senator Ellis objected, then withdrew his objection. There being no further objection, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 14(HSS) was adopted. Senators Stedman, Kelly, Micciche, Meyer offered Amendment No. 1 : Page 2, line 31 through Page 3, line 3: Delete all material. Senator Stedman moved for the adoption of Amendment No. 1. Senator Coghill objected, then withdrew his objection. There being no further objection, Amendment No. 1 was adopted. 2013-04-13 Senate Journal Page 1237 CS FOR HOUSE JOINT RESOLUTION NO. 14(HSS) am S will advance to third reading on the April 14 calendar. Recess Senator Coghill moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 5:01 p.m. After Recess The Senate reconvened at 9:43 p.m. Unfinished Business HB 77 SENATE CS FOR CS FOR HOUSE BILL NO. 77(FIN) "An Act relating to the Alaska Land Act, including certain authorizations, contracts, leases, permits, or other disposals of state land, resources, property, or interests; relating to authorization for the use of state land by general permit; relating to exchange of state land; establishing that performance of a feasibility study for the development and operation of a hydroelectric site at Chikuminuk Lake is not considered an incompatible use of the Wood-Tikchik State Park; relating to procedures for certain administrative appeals and requests for reconsideration to the commissioner of natural resources; relating to the Alaska Water Use Act; and providing for an effective date" which had been moved to the bottom of the calendar (page 1232), was not taken up. The bill will be on the April 14 calendar. HB 104 CS FOR HOUSE BILL NO. 104(2d JUD) "An Act relating to election practices and procedures; relating to the reporting of election campaign contributions and expenditures; relating to identification requirements for a communication paid for by a political party; relating to public records; relating to the election of an advisory school board in a regional educational attendance area; and providing for an 2013-04-13 Senate Journal Page 1238 effective date" which had been moved to the bottom of the calendar (page 1229), was not taken up. The bill will be on the April 14 calendar. Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment SCR 3 CS FOR SENATE CONCURRENT RESOLUTION NO. 3(JUD) Establishing the Joint Committee on Access and Federal Overreach; and recommending that the Governor establish a working group to consider establishing a permanent office or authority to preserve state sovereignty, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Coghill moved and asked unanimous consent that the Senate stand in adjournment until 9:00 a.m., April 14, 2013. Without objection, the Senate adjourned at 9:44 p.m. Liz Clark Secretary of the Senate 2013-04-13 Senate Journal Page 1239 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled FINANCE Apr 13 Saturday Senate Finance 532 9:00 AM + HB 180 MILITARY YOUTH ACADEMY + HCR 6 EST. LEG. TASK FORCE ON UNMANNED AIRCRAFT + Bills Previously Heard/Scheduled Apr 13 Saturday Senate Finance 532 1:30 PM -- Meeting Postponed to 4/14/13 1:00 pm -- + Bills Previously Heard/Scheduled Apr 14 Sunday Senate Finance 532 1:00 PM -- Rescheduled from 4/13/13 -- + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 13 Saturday Butrovich 205 8:30 AM + HJR 14 DELAY IMPLEMENTING AFFORDABLE CARE ACT ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB 65 AND HB 66 Apr 13 Saturday Senate Finance 532 10:00 AM -- Note: Time Change -- = HB 65 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 66 APPROP: MENTAL HEALTH BUDGET