Legislature(2015 - 2016)

2015-02-02 Senate Journal

Full Journal pdf

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                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-NINTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                     Monday                  February 2, 2015                                                   
                                                                                                                                
                                Fourteenth Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Meyer at 11:02 a.m.                                                                                                             
                                                                                                                                
The roll showed nineteen members present. Senator Stoltze was                                                                   
absent.                                                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Pastor Nathan Stearman of                                                               
the Seventh-Day Adventist Church. Senator Hoffman moved and                                                                     
asked unanimous consent that the prayer be spread. Without objection,                                                           
it was so ordered.                                                                                                              
                                                                                                                                
          Good morning, Lord!                                                                                                   
                                                                                                                                
          It is a privilege to come to You on this fresh, Alaskan                                                               
          morning, on behalf of the Senate of the Great state of                                                                
          Alaska. Today begins a new legislative week with its                                                                  
          ensuing challenges. On some matters this gathering                                                                    
          of wise leaders will find it easy to move forward                                                                     
          together, while on other matters the disagreement                                                                     
          will be sharp - even bitter. I ask that You would                                                                     
          grant each member of this Senate the courage to                                                                       
          stand by their cause when needed - and the humility                                                                   
          to take up another, when such is required for the                                                                     
          benefit of that greater cause, the well-being of the                                                                  
          people of our great state.                                                                                            
                                                                                                                                
          Finally Lord, as various committees gather to process                                                                 
          that wide-range of issues facing this body, guide                                                                     
             them. Grant them the insight the issues demand - and                                                              
                                                                                                                                

2015-02-02                     Senate Journal                      Page 0124
             the favor of higher powers when needed - to lead our                                                              
          great state forward. In Jesus' name I ask this,                                                                       
                                    Amen.                                                                                      
                                                                                                                                
Senator Ellis led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the journals                                                             
for the eleventh through thirteenth legislative days and Senate and                                                             
House Joint Journal Supplement Number 3 be approved as certified by                                                             
the Secretary. Without objection, it was so ordered.                                                                            
                                                                                                                                
The presence of Senator Stoltze was noted.                                                                                      
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Report to the Twenty-Ninth State Legislature Listing Alaska Statues                                                             
with Delayed Repeals or Delayed Amendments and Examining Court                                                                  
Decisions and Opinions of the Attorney General Construing Alaska                                                                
Statutes                                                                                                                        
from MaryEllen Duffy, Special Assistant                                                                                         
Legal and Research Services                                                                                                     
Legislative Affairs Agency                                                                                                      
in accordance with AS 24.20.065(b)                                                                                              
                                                                                                                                
Alaska Drinking Water and Clean Water Loan Funds                                                                                
Annual Report 2014                                                                                                              
from Michelle Hale, Director, Division of Water                                                                                 
Department of Environmental Conservation                                                                                        
in accordance with AS 37.05.035                                                                                                 
                                                                                                                                
Progress Report of the Alaska LNG Project                                                                                       
from Mark Myers, Commissioner                                                                                                   
Department of Natural Resources                                                                                                 
in accordance with Chapter 14, SLA 14                                                                                           

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Letter from the Commissioner of the Department of Administration                                                                
dated January 28, 2015 was received stating that the monetary terms                                                             
for the collective bargaining agreement between the State and the                                                               
International Organization of Masters, Mates, and Pilots will be re-                                                            
submitted when they have been reached.                                                                                          
                                                                                                                                
The letter was copied to the cochairs of the Finance Committee.                                                                 
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SJR 9                                                                                                                         
SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION                                                                                  
NO. 9 BY SENATOR GARDNER,                                                                                                       
                                                                                                                                
          Urging the Alaska Department of Law and the United                                                                    
          States Department of Justice to file a motion in                                                                      
          United States District Court to compel the                                                                            
          ExxonMobil Corporation to honor the commitment to                                                                     
          pay additional damages for the Exxon Valdez oil spill                                                                 
          under the "Reopener for Unknown Injury" provision                                                                     
          of the 1991 Agreement and Consent Decree and to                                                                       
          collect the full demand for payment the state and                                                                     
          federal government submitted to the ExxonMobil                                                                        
          Corporation on August 31, 2006; and urging the                                                                        
          Exxon Valdez Oil Spill Trustee Council immediately                                                                    
          to initiate subsurface lingering oil restoration work.                                                                
                                                                                                                                
was read the first time and referred to the Resources and Judiciary                                                             
Committees.                                                                                                                     
                                                                                                                                
SJR 10                                                                                                                        
SENATE JOINT RESOLUTION NO. 10 BY THE SENATE                                                                                    
RESOURCES COMMITTEE,                                                                                                            
                                                                                                                                
          Opposing the revised Comprehensive Conservation                                                                       
          Plan and Environmental Impact Statement for the                                                                       
          Arctic National Wildlife Refuge; opposing attempts                                                                    
          by President Obama to alter management of the                                                                         

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          coastal plain of the Arctic National Wildlife Refuge;                                                                 
          encouraging the United States Congress to reject a                                                                    
          proposal based on the revised Comprehensive                                                                           
          Conservation Plan or accompanying Environmental                                                                       
          Impact Statement; encouraging the United States                                                                       
          Congress to reject a proposal that does not open the                                                                  
          coastal plain of the Arctic National Wildlife Refuge                                                                  
          to oil and gas development; and finding that decision-                                                                
          making authority over the coastal plain of the Arctic                                                                 
          National Wildlife Refuge is reserved exclusively to                                                                   
          the United States Congress.                                                                                           
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
SJR 11                                                                                                                        
SENATE JOINT RESOLUTION NO. 11 BY SENATOR GIESSEL,                                                                              
                                                                                                                                
          Urging the President of the United States and the                                                                     
          United States Congress to acquire the area commonly                                                                   
          known as Central Park on Manhattan in New York                                                                        
          City on behalf of the federal government; urging the                                                                  
          United States Congress to declare Central Park to be                                                                  
          a wilderness area and to prohibit any further                                                                         
          improvement or development of Central Park unless                                                                     
          authorized by an Act of Congress.                                                                                     
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 36                                                                                                                         
SENATE BILL NO. 36 BY SENATOR GIESSEL, entitled:                                                                                
                                                                                                                                
          "An Act relating to electronic publication of certain                                                                 
          municipal notices and to publication and electronic                                                                   
          distribution of reports by state agencies."                                                                           
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     

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                        Consideration of the Calendar                                                                        
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
In Memoriam - Carl E. Moses                                                                                                     
Senator(s) Hoffman, Meyer, Bishop, Coghill, Costello, Dunleavy,                                                                 
Egan, Ellis, Gardner, Giessel, Huggins, Kelly, MacKinnon, McGuire,                                                              
Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski                                                                        
Representative(s) Edgmon                                                                                                        
                                                                                                                                
In Memoriam - Harold L. "Joe" Gilbertson                                                                                        
Senator(s) Bishop, Meyer, Coghill, Costello, Dunleavy, Egan, Ellis,                                                             
Gardner, Giessel, Hoffman, Huggins, Kelly, MacKinnon, McGuire,                                                                  
Micciche, Olson, Stedman, Stevens, Stoltze, Wielechowski                                                                        
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the citations                                                            
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 11:00 a.m., February 4, 2015. Without                                                                
objection, the Senate adjourned at 11:18 a.m.                                                                                   
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

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                                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                                                                        
                                                                                                                                
Feb 03        Tuesday                     Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 05        Thursday                    Beltz 105 (tsbldg)          3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Feb 03        Tuesday                         Butrovich 205           3:30 PM                                                 
+             Presentation: State Board of Education Annual                                                                     
              Report to the Legislature                                                                                         
              Esther Cox, State Board of Education, Chair                                                                       
                                                                                                                                
Feb 05        Thursday                        Butrovich 205           3:30 PM                                                 
+ SCR  3 AK SCHOOL CHOICE WEEK                                                                                                  
              Presentation: ANSWERS (Alaska Navigator:                                                                          
              Statewide Workforce and Education-Related                                                                         
              Statistics)                                                                                                       
              Stephanie Butler, Director of Operations                                                                          
              Alaska Postsecondary Education Commission                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2015-02-02                     Senate Journal                      Page 0129
                                   FINANCE                                                                                   
                                                                                                                                
Feb 02        Monday                    Senate Finance 532            9:00 AM                                                 
              Presentation: Positive Train Control and Port                                                                     
+             MacKenzie Project                                                                                                 
              <Above Item Removed from Agenda>                                                                                  
              Bill O'Leary, President & CEO, Alaska Railroad                                                                    
              Corporation                                                                                                       
              Eileen Reilly, Vice President, Advanced Train                                                                     
              Control Systems & Technology, Alaska Railroad                                                                     
              Corporation                                                                                                       
                                                                                                                                
Feb 03        Tuesday                   Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 04        Wednesday                 Senate Finance 532            9:00 AM                                                 
+ SB  26 BUDGET: CAPITAL                                                                                                        
+ SB  27 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
+ SB  28 APPROP: MENTAL HEALTH BUDGET                                                                                           
                                                                                                                                
Feb 05        Thursday                  Senate Finance 532            9:00 AM                                                 
+             Overview Governor's FY15 Supplemental Request                                                                     
              Pat Pitney, Director, OMB                                                                                         
+ SB  30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                              
              <Pending Referral>                                                                                                
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Feb 06        Friday                    Senate Finance 532            9:00 AM                                                 
+             Presentation: Alaska Permanent Fund Corporation                                                                   
              Michael Burns, Executive Director                                                                                 
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Feb 02        Monday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 04        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 06        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    

2015-02-02                     Senate Journal                      Page 0130
                                  JUDICIARY                                                                                  
                                                                                                                                
Feb 02        Monday                          Butrovich 205           1:30 PM                                                 
              -- Rescheduled from 01/30/15 --                                                                                   
+= SB  30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                             
              <Above Item Removed from Agenda>                                                                                  
              Overview and Information: Alaska Criminal                                                                         
              Justice Commission                                                                                                
              Susanne DiPietro, Executive Director, Alaska                                                                      
              Judicial Council                                                                                                  
              Nancy Meade, General Counsel, Alaska Court System                                                                 
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 04        Wednesday                       Butrovich 205           1:30 PM                                                 
              -- Location Change --                                                                                             
+             Presentation: Medication Assisted Treatment (MAT)                                                                 
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 06        Friday                          Butrovich 205           1:30 PM                                                 
              -- Location Change --                                                                                             
+= SB  30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                             
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Feb 03        Tuesday                     Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 05        Thursday                    Beltz 105 (tsbldg)          1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Feb 02        Monday                          Butrovich 205           3:30 PM                                                 
+ SJR 10 OPPOSE ANWR WILDERNESS DESIGNATION                                                                                     
+ SJR 11 DECLARE CENTRAL PARK A WILDERNESS AREA                                                                                 
              Resolution: Opposing Recent Presidential Action                                                                   
              on OCS                                                                                                            
              <Pending Introduction & Referral>                                                                                 
              Overview: Department of Environmental                                                                             
              Conservation, Commissioner Larry Hartig                                                                           
              -- Testimony <Invitation Only> --                                                                                 

2015-02-02                     Senate Journal                      Page 0131
                            RESOURCES (continued)                                                                            
                                                                                                                                
Feb 04        Wednesday                       Butrovich 205           3:30 PM                                                 
+             Overview of ANILCA and Statehood Compact                                                                          
              Citizens Advisory Commission on Federal Areas                                                                     
              Topics/Bills Previously Heard/Scheduled                                                                           
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 06        Friday                          Butrovich 205           3:30 PM                                                 
+             Overview: Department of Natural Resources                                                                         
              Commissioner Mark Myers                                                                                           
              Topics/Bills Previously Heard/Scheduled                                                                           
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                                    RULES                                                                                    
                                                                                                                                
Feb 03        Tuesday                         Butrovich 205           8:00 AM                                                 
+             Organizational Meeting                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Feb 03        Tuesday                         Butrovich 205           9:00 AM                                                 
+             "Continuing Discussion of the Implementation of                                                                   
              Ballot Measure No. 2 (13PSUM) - An Act to Tax                                                                     
              and Regulate the Production, Sale, and Use of                                                                     
              Marijuana"                                                                                                        
              <Invited Participant List Forthcoming>                                                                            
                                                                                                                                
Feb 05        Thursday                        Butrovich 205           9:00 AM                                                 
+             Alaska Department of Military and Veterans                                                                        
              Affairs - Discussion of National Guard Issues                                                                     
              Mike Bridges, Adjutant General (AKNG) &                                                                           
              Commissioner (DMVA)                                                                                               
              Craig Richards, Attorney General (Department of                                                                   
              Law)                                                                                                              
              < Topics Previously Heard/Scheduled >                                                                             
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2015-02-02                     Senate Journal                      Page 0132
                                TRANSPORTATION                                                                               
                                                                                                                                
Feb 03        Tuesday                         Butrovich 205           1:00 PM                                                 
+             -- Joint with House Transportation Committee --                                                                   
              Overview of the Alaska Railroad                                                                                   
              Bill O'Leary, President and CEO                                                                                   
              Port MacKenzie Railroad Extension update                                                                          
              Joe Perkins, Project Director                                                                                     
              John Moosey, Mat-Su Borough Manager                                                                               
                                                                                                                                
Feb 05        Thursday                        Butrovich 205           1:00 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                              SPECIAL COMMITTEES                                                                             
                                                                                                                                
                            SPECIAL CMTE ON ENERGY                                                                           
                                                                                                                                
Feb 05        Thursday                        Butrovich 205           1:00 PM                                                 
+             Alaska Industrial Development and Export                                                                          
              Authority (AIDEA) overview of their gas utility                                                                   
              purchase                                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                          SPECIAL CMTE ON THE ARCTIC                                                                         
                                                                                                                                
Feb 05        Thursday                        Butrovich 205         11:15 AM                                                  
+             Overview of the Alaska Arctic Policy                                                                              
              Commission's Final Report and Implementation Plan                                                                 
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                           ARMED SERVICES COMMITTEE                                                                          
                                                                                                                                
Feb 17        Tuesday                   Senate Finance 532            2:00 PM                                                 
              -- Agenda to be Announced --                                                                                      
+             -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                

2015-02-02                     Senate Journal                      Page 0133
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Feb 11        Wednesday                    House Chamber            11:00 AM                                                  
+             State of the Judiciary Address by the Honorable                                                                   
              Dana Fabe, Chief Justice                                                                                          
                                                                                                                                
Feb 18        Wednesday                    House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Lisa Murkowski, U.S. Senator                                                                                      
                   ----------------------------------------                                                                    
                                                                                                                                
                            MISCELLANEOUS MEETING                                                                            
                                                                                                                                
Feb 09        Monday                             Capitol 106          1:00 PM                                                 
              School District Legislative Fly-In                                                                                
              Informal Q & A Session Regarding Alaska's Public                                                                  
              School System                                                                                                     
              All Legislators are Invited to Participate