Legislature(2007 - 2008)
2007-02-02 Senate Journal
Full Journal pdf2007-02-02 Senate Journal Page 0143 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday February 2, 2007 Eighteenth Day Pursuant to adjournment the Senate was called to order by President Green at 10:09 a.m. The roll showed seventeen members present. Senators Therriault, Wagoner, Wilken were excused from a call of the Senate. The prayer was offered by the Chaplain, Senator Dyson. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Heavenly Father, We thank you for the blessing of living in Alaska and the privilege of serving these marvelous people. We ask for your guidance and protection for our President and Congress, our Governor, Lieutenant Governor and staff, our service personnel and families, particularly those in harm's way, and all public servants at all levels of government. We ask for wisdom, mercy, insight, and strength for ourselves. Let us seek to serve with humility; to lift others up and not ourselves; to seek justice and fairness not favor and privilege; to be peacemakers and bridge builders not dividers and wall builders; to lift people up instead of wounding and denigrating. 2007-02-02 Senate Journal Page 0144 Forgive us for not standing up against bullying and intimidation, and for not standing up for the powerless. Lord, give us a keen sense of fairness and ethical conduct. We ask you to use us for the service of the people of this great state today and for your glory. I pray in the name of the Lord Jesus Christ. Amen. Senator Cowdery led the Senate in the Pledge of Allegiance. Certification Senator Stevens moved and asked unanimous consent that the journals for the sixteenth and seventeenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated January 31 was read, stating: Due to a conflict in scheduling, the House of Representatives respectfully re-invites the Senate to a Joint Session of the Twenty-fifth Alaska Legislature at 11:00 a.m. on Monday, March 19 for the purpose of hearing Senator Ted Stevens' annual message to the Legislature instead of the previous date of April 26, 2007. Senator Stevens moved and asked unanimous consent that the Senate accept the amended House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. Message dated January 31 was read, stating the House passed and transmitted for consideration: 2007-02-02 Senate Journal Page 0145 First Reading and Reference of House Bills HB 37 HOUSE BILL NO. 37(efd add) BY REPRESENTATIVES GUTTENBERG, KERTTULA, NEUMAN, Lynn, Fairclough, Holmes, Gara, Harris, Johnson, Thomas, entitled: "An Act establishing the first Saturday of every March as Susan Butcher Day; and providing for an effective date." was read the first time and referred to the State Affairs Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Notification of availability of 2006 Compensation and Travel Report of Executive Positions from Annette Kreitzer, Commissioner Department of Administration in accordance with AS 37.05.210 available at: http://fin.admin.state.ak.us/dof/financial_reports/ctep_toc.jsp Schedule of Compensation for Alaska Court System Supreme Court Justices Appellate Court Judges and Administrative Director Calendar Year 2006 from Stephanie J. Cole, Administrative Director in accordance with AS 22.20.037(d) Nonresidents Working in Alaska 2005 from Clark Bishop, Commissioner Department of Labor and Workforce Development in accordance with AS 36.10.130 available at: http://almis.labor.state.ak.us 2007-02-02 Senate Journal Page 0146 Third Annual Report to the Governor of Alaska and the Alaska Legislature, submitted January 31, 2007 from Terry L. Thurbon, Chief Administrative Law Judge Office of Administrative Hearings, Department of Administration in accordance with AS 44.64.020(a)(7) 2006 Annual Report from Alaska Industrial Development and Export Authority in accordance with AS 44.88.210 Financial Statements with Summarized Financial Information and Independent Auditors' Report, June 30, 2006 from Alaska Industrial Development and Export Authority in accordance with AS 44.88.210 Financial Statements and Schedules with Independent Auditors' Report, June 30, 2006 and 2005 from Alaska Energy Authority in accordance with AS 44.83.940 Alaska Marine Highway Fund Annual Financial Report Fiscal Year Ended June 30, 2006 from John MacKinnon, Acting Commissioner Department of Transportation and Public Facilities in accordance with AS 19.65.070(b) Standing Committee Reports Reports dated January 31 were read, stating: In accordance with AS 24.60.130, the Judiciary Committee reviewed the following with regard to confirmation of appointments by Chief Justice Dana Fabe: Select Committee on Legislative Ethics Ann Rabinowitz H. Conner Thomas Gary J. Turner 2007-02-02 Senate Journal Page 0147 There were no stated objections to the named individuals. This does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. Signing the reports: Senator French, Chair; Senators Huggins, McGuire, Wielechowski, Therriault. Senator Stevens moved that Ann Rabinowitz, H. Conner Thomas, and Gary J. Turner be confirmed as public members to the Select Committee on Legislative Ethics. The question being: "Shall Ann Rabinowitz, H. Conner Thomas, and Gary J. Turner be confirmed as public members to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Confirm Ann Rabinowitz, H. Conner Thomas, Gary J. Turner as public members to the Select Committee on Legislative Ethics? YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Excused: Therriault, Wagoner, Wilken and so, Ann Rabinowitz, H. Conner Thomas, and Gary J. Turner were confirmed as public members to the Select Committee on Legislative Ethics. SB 19 The State Affairs Committee considered SENATE BILL NO. 19 "An Act relating to a public officer's taking official action regarding a matter in which the public officer has a financial interest; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" and recommended it be replaced with 2007-02-02 Senate Journal Page 0148 CS FOR SENATE BILL NO. 19(STA) "An Act relating to a public officer's taking official action regarding, or influencing, a matter in which the public officer has a personal or financial interest; prohibiting certain persons from engaging in activity as lobbyists; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law." Signing do pass: Senator McGuire, Chair; Senators French, Green. Signing no recommendation: Senators Stevens, Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Administration The bill was referred to the Finance Committee. SB 20 The State Affairs Committee considered SENATE BILL NO. 20 "An Act relating to disclosure to the Alaska Public Offices Commission of information about certain income received as compensation for personal services by legislators, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the Legislative Ethics Act; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 20(STA) "An Act relating to disclosures by legislators, legislative employees, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the Legislative Ethics Act; relating to the applicability of the Legislative Ethics Act; and providing for an effective date." Signing do pass: Senator McGuire, Chair; Senators French, Stevens, Green, Bunde. 2007-02-02 Senate Journal Page 0149 The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Administration The bill was referred to the Finance Committee. SB 39 The Labor and Commerce Committee considered SENATE BILL NO. 39 "An Act relating to the amount of the state's business license fee" and recommended it be replaced with CS FOR SENATE BILL NO. 39(L&C) "An Act relating to business licenses, to the amount of the state's business license fee, to the penalty for not obtaining a business license, and to business license penalties under certain financial institution, occupational licensing, employment agency, and taxation laws; and providing for an effective date." Signing do pass: Senator Ellis, Chair; Senators Davis, Stevens, Hoffman. Signing do not pass: Senator Bunde. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development Fiscal Note No. 2, Department of Commerce, Community and Economic Development Fiscal Note No. 3, Department of Commerce, Community and Economic Development Fiscal Note No. 4, Office of the Governor The bill was referred to the Finance Committee. SB 41 The Labor and Commerce Committee considered SENATE BILL NO. 41 "An Act repealing the fee imposed on the sale of studded tires" and recommended it be replaced with 2007-02-02 Senate Journal Page 0150 CS FOR SENATE BILL NO. 41(L&C) "An Act repealing fees imposed on the sale of new tires, the sale of certain studded tires, and the installation of certain metal studs on tires; and providing for an effective date." Signing do pass: Senator Ellis, Chair; Senators Davis, Stevens, Hoffman. Signing do not pass: Senator Bunde. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, zero, Department of Transportation and Public Facilities The bill was referred to the Transportation Committee. SB 45 The State Affairs Committee considered SENATE BILL NO. 45 "An Act relating to murder in the first degree" and recommended it be replaced with CS FOR SENATE BILL NO. 45(STA) Signing do pass: Senator McGuire, Chair; Senators Stevens, Green, Bunde. Signing amend: Senator French. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Alaska Court System Fiscal Note No. 4, zero, Department of Administration Fiscal Note No. 5, zero, Department of Administration The bill was referred to the Judiciary Committee. Introduction and Reference of Senate Bills SB 71 SENATE BILL NO. 71 BY SENATORS FRENCH, Ellis, entitled: 2007-02-02 Senate Journal Page 0151 "An Act relating to voluntary land trades, purchases, and leases to enhance public access to certain streams for fishing, hunting, and recreational activities." was read the first time and referred to the Resources and Finance Committees. SB 72 SENATE BILL NO. 72 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act relating to the community revenue sharing program; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Finance Committees. SB 73 SENATE BILL NO. 73 BY SENATOR ELLIS, entitled: "An Act amending the functions and powers of the Alaska Commission on Postsecondary Education; and relating to the repayment provisions for medical education and postsecondary degree program participants." was read the first time and referred to the Senate Special Committee on Education, Health, Education and Social Services and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 46 SENATE BILL NO. 46 "An Act relating to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003, as amended by sec. 21, ch. 31, SLA 2005; and providing for an effective date" was read the second time. 2007-02-02 Senate Journal Page 0152 Senator Huggins, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 132. Without objection, CS FOR SENATE BILL NO. 46(RES) was adopted. Senator Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 46(RES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 46(RES) "An Act relating to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003, as amended by sec. 21, ch. 31, SLA 2005; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 46(RES) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Excused: Therriault, Wagoner, Wilken and so, CS FOR SENATE BILL NO. 46(RES) passed the Senate. Senator Stevens 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. Senator Dyson gave notice of reconsideration. 2007-02-02 Senate Journal Page 0153 Citations Honoring - Charles Akers Representative(s) Gatto Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Corporal Brendan Jon Smart Representative(s) Dahlstrom, Doogan Senator(s) Dyson, French, Green, Bunde, Cowdery, Davis, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Earl John Clabo Representative(s) Gatto Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 2 through morning plane time, February 5. Without objection, Senator Stedman was excused. Senator Hoffman moved and asked unanimous consent to amend a prior excusal from a call of the Senate (page 134) to afternoon plane time on February 5. Without objection, Senator Hoffman's excusal was amended. Senator Dyson moved and asked unanimous consent to amend a prior excusal from a call of the Senate (page 134) to evening plane time on February 12. Without objection, Senator Dyson's excusal was amended. 2007-02-02 Senate Journal Page 0154 Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 9 through evening plane time, February 12. Without objection, Senator Bunde was excused. Senator French moved and asked unanimous consent to be excused from a call of the Senate on February 5 to morning plane time. Without objection, Senator French was excused. Senator Kookesh moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 9 through evening plane time, February 10. Without objection, Senator Kookesh was excused. Senator McGuire moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 9 through evening plane time, February 14. Without objection, Senator McGuire was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 5, 2007. Without objection, the Senate adjourned at 10:32 a.m. Kirsten Waid Secretary of the Senate 2007-02-02 Senate Journal Page 0155 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 06 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Feb 08 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 02 Friday Senate Finance 532 9:00 AM + PERS/TRS Overview & Update Dept of Administration Feb 05 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 06 Tuesday Senate Finance 532 9:00 AM + Joint w/ (S) Health, Education & Social Services Medicaid Program Review Presentation: Pacific Health Policy Group -- Testimony <Invitation Only> -- Full Report will be available online by 8:00 am, February 6th http://www.legis.state.ak.us/teldocs.asp 2007-02-02 Senate Journal Page 0156 FINANCE (continued) Feb 07 Wednesday Senate Finance 532 9:00 AM + SB 19 EXEC. BRANCH ETHICS:INTERESTS & ACTIONS + SB 20 LEGISLATIVE DISCLOSURES Feb 08 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 09 Friday Senate Finance 532 9:00 AM + Education Foundation Formula Overview Dept of Education Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 02 Friday Butrovich 205 1:30 PM No Meeting Scheduled Feb 05 Monday Butrovich 205 1:30 PM Governor's Council on Disabilities and Special Education: Promising Practices in Autism and Early Intervention Services Feb 06 Tuesday Senate Finance 532 9:00 AM -- Note Day, Time & Location -- + Joint w/ (S) Finance Medicaid Program Review Presentation: Pacific Health Policy Group -- Testimony <Invitation Only> -- Full Report will be available online by 8:00 am, February 6th http://www.legis.state.ak.us/teldocs.asp Feb 07 Wednesday Butrovich 205 1:30 PM + SB 40 LONGEVITY BONUS REAPPLICATIONS Feb 09 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2007-02-02 Senate Journal Page 0157 JUDICIARY Feb 02 Friday Beltz 211 1:30 PM No Meeting Scheduled Feb 05 Monday Beltz 211 1:30 PM + HB 69 NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY + SB 45 PEACE OFFICER CONVICTED OF MURDER + SB 69 CIVIL LEGAL SERVICES FUND Bills Previously Heard/Scheduled += SB 5 FAILURE TO REPORT CRIMES Feb 07 Wednesday Capitol 120 1:00 PM -- Teleconference <Listen Only> -- -- Note Time and Location -- + Joint w/ (H) Judiciary Overviews: Department of Law Department of Corrections Feb 08 Thursday Butrovich 205 3:30 PM -- Note Time and Location -- + SB 64 DISCLOSURES & ETHICS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 06 Tuesday Beltz 211 1:30 PM + SB 59 BROADCASTING PROMOTING CHARITABLE GAMING Feb 08 Thursday Beltz 211 1:30 PM + SB 68 MOTOR VEHICLE INSURANCE Bills Previously Heard/Scheduled += SB 59 BROADCASTING PROMOTING CHARITABLE GAMING ---------------------------------------- RESOURCES Feb 02 Friday Butrovich 205 3:30 PM No Meeting Scheduled 2007-02-02 Senate Journal Page 0158 RESOURCES (continued) Feb 05 Monday Butrovich 205 3:30 PM + Presentation: RCA: Natural Gas Contracts: Approval Process, Pricing Terms & Consumer Impact -- Testimony <Invitation Only> -- Feb 07 Wednesday Butrovich 205 3:30 PM + Presentation: Alaska Natural Gas Development Authority: Alaska Gas Market System; MOU Between ANGDA & AK Gasline Port Authority -- Testimony <Invitation Only> -- Feb 09 Friday Butrovich 205 3:30 PM + Presentation: Upstream Stakeholders: Producers & Shippers: Sighting the Horizon -- Testimony <Invitation Only> -- ---------------------------------------- STATE AFFAIRS Feb 06 Tuesday Beltz 211 9:00 AM No Meeting Scheduled Feb 08 Thursday Beltz 211 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Feb 06 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Feb 08 Thursday Senate Finance 532 1:00 PM Joint w/ (H) Transportation Overview of the Alaska Marine Highway System Feb 13 Tuesday Senate Finance 532 1:00 PM Joint w/(H) Transportation Overview of the Department of Transportation Highway System 2007-02-02 Senate Journal Page 0159 FINANCE SUBCOMMITTEES CORRECTIONS Feb 07 Wednesday Beltz 211 8:00 AM Overview ---------------------------------------- COURT SYSTEM Feb 07 Wednesday Beltz 211 4:00 PM Overview ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 09 Friday Beltz 211 12:00 PM Overview ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 08 Thursday Fahrenkamp 203 8:00 AM Department Budget Overview Feb 22 Thursday Fahrenkamp 203 8:00 AM Department Budget Detail Mar 08 Thursday Fahrenkamp 203 8:00 AM Department Budget Detail Mar 22 Thursday Fahrenkamp 203 8:00 AM Department Budget Detail Apr 05 Thursday Fahrenkamp 203 8:00 AM Department Budget Close-Out ---------------------------------------- 2007-02-02 Senate Journal Page 0160 PUBLIC SAFETY Feb 05 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Overview Feb 19 Monday Beltz 211 8:00 AM Department Budget Overview Mar 05 Monday Beltz 211 8:00 AM Department Budget Detail Mar 19 Monday Beltz 211 8:00 AM Department Budget Detail Apr 02 Monday Beltz 211 8:00 AM Department Budget Close-Out ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Feb 02 Friday Butrovich 205 8:00 AM No Meeting Scheduled Feb 07 Wednesday Butrovich 205 8:00 AM Confirmation Hearing for the University of Alaska Board of Regents: Timothy C Brady Fuller Cowell Patricia A Jacobson Kirk Wickersham Feb 09 Friday Butrovich 205 8:00 AM SB 1 INCREASE AMT OF BASE STUDENT ALLOCATION ---------------------------------------- 2007-02-02 Senate Journal Page 0161 JOINT COMMITTEES ARMED SERVICES COMMITTEE Feb 14 Wednesday Senate Finance 532 10:00 AM Presentation by Admiral Timothy J Keating Commander, North American Aerospace Defense Command; Commander, United States Northern Command ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Feb 08 Thursday House Finance 519 8:30 AM Committee Organization Status of Contracts Committee Procedures Request for Audit ---------------------------------------- VICTIM'S ADVOCATE SELECTION COMMITTEE Feb 07 Wednesday Beltz 211 12:00 PM Organizational Meeting -- No Public Testimony -- ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Feb 06 Tuesday Butrovich 205 12:00 PM + Governor's Council on Disabilities and Special Education: Autism and Early Intervention Feb 14 Wednesday Butrovich 205 12:00 PM -- Note Day Change -- + Alaska Children's Justice Act Task Force: Updates & Trends in Child Maltreatment Issues ---------------------------------------- 2007-02-02 Senate Journal Page 0162 JOINT LEGISLATIVE HEALTH CAUCUS Feb 21 Wednesday Butrovich 205 12:00 PM "Filling the Need: Mid-Level Health Providers" Mar 21 Wednesday Butrovich 205 12:00 PM "Filling the Need: Complimentary Medicine Workforce" Apr 18 Wednesday Butrovich 205 12:00 PM "Filling the Need: Other Forms of Health Care" May 02 Wednesday Butrovich 205 12:00 PM "Week of the Uninsured: Alaska's Workforce" ---------------------------------------- JOINT SESSION Feb 22 Thursday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator Feb 28 Wednesday House Chamber 11:00 AM Chief Justice Dana Fabe's Annual State of the Judiciary Message Mar 19 Monday House Chamber 11:00 AM Annual Address by the Honorable Ted Stevens, U.S. Senator