Legislature(2007 - 2008)
2007-02-23 Senate Journal
Full Journal pdf2007-02-23 Senate Journal Page 0345 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday February 23, 2007 Thirty-ninth Day Pursuant to adjournment the Senate was called to order by President Green at 10:04 a.m. The roll showed thirteen members present. Senators Bunde, Ellis, Huggins, Stedman, Stevens, Wilken were excused from a call of the Senate. Senator Kookesh was absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Juneau Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious Heavenly Father, Thank you for this day, a day that you have made that we might rejoice and be glad in it. Lord, thank you for the privilege we have to live in this great nation and state. As we are instructed by scripture that first of all supplications, prayers, intercessions and giving of thanks be made for all men. For kings and all who are in authority, that we might lead a quiet and peaceable life in all godliness. Lord, we pray for the leaders in our state, our Governor, her cabinet, the Senate and the House and ask that your Kingdom come, your will be done in the decisions made by our leaders today. I pray that we will be in alignment with your purpose and your plan for our great state. 2007-02-23 Senate Journal Page 0346 I ask for your provision and protection over the Senate, their families, and their staff. Thank you for your favor today in hearing and answering this prayer. In your wonderful name I pray. Amen. Senator McGuire led the Senate in the Pledge of Allegiance. Certification Senator Olson, Acting Majority Leader, moved and asked unanimous consent that the journal for the thirty-eighth legislative day and Senate and House Joint Journal Supplement No. 2 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HB 69 Message was read stating the Governor signed the following bill on February 20 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 69(JUD) "An Act relating to executive clemency." Chapter 1, SLA 2007 Effective Date: 5/21/07 SB 46 Message was read stating the Governor signed the following bill on February 20 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 2, SLA 2007 Effective Date: 2/21/07 2007-02-23 Senate Journal Page 0347 Messages from the House Message dated February 22 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 120 CS FOR HOUSE BILL NO. 120(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act extending the Council on Domestic Violence and Sexual Assault; and providing for an effective date." was read the first time and referred to the Finance Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: 2006 Annual Report from William F. Large, Chairperson Alaska Municipal Bond Bank Authority, Department of Revenue in accordance with AS 44.85.100 General Reserve Bond Certificate from William F. Large, Chairperson Alaska Municipal Bond Bank Authority, Department of Revenue in accordance with AS 44.85.270(g) Standing Committee Reports Report dated February 22 was read, stating: In accordance with AS 39.05.080, the Community and Regional Affairs Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: 2007-02-23 Senate Journal Page 0348 Commissioner - Department of Commerce, Community and Economic Development Emil Notti This does not reflect an intent by any of the members to vote for or against the confirmation of the individual during any further sessions. Signing the report: Senator Olson, Chair; Senators Wagoner, Thomas. SB 7 The State Affairs Committee considered SENATE BILL NO. 7 "An Act relating to the voting rights of felons" and recommended it be replaced with CS FOR SENATE BILL NO. 7(STA) Signing do pass: Senator McGuire, Chair. Signing no recommendation: Senators French, Green. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 2, zero, Office of the Governor The bill was referred to the Judiciary Committee. SB 35 The State Affairs Committee considered SENATE BILL NO. 35 "An Act making an appropriation to the public education fund; making an appropriation to the earnings reserve account of the Alaska permanent fund; making an appropriation to the Alaska housing finance revolving fund; making an appropriation to the constitutional budget reserve fund; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 35(STA) "An Act making an appropriation to the public education fund; making an appropriation to the earnings reserve account of the Alaska permanent fund; making an appropriation to the Alaska Housing Finance Corporation; making an appropriation to the constitutional budget reserve fund; and providing for an effective date." 2007-02-23 Senate Journal Page 0349 Signing do pass: Senator McGuire, Chair. Signing no recommendation: Senators French, Green. The bill was referred to the Finance Committee. SB 36 The State Affairs Committee considered SENATE BILL NO. 36 "An Act relating to sentencing for the commission of certain offenses influenced by alcohol and to the offense of consumption of alcohol in violation of sentence" and recommended it be replaced with CS FOR SENATE BILL NO. 36(STA) and further recommended the adoption of the following State Affairs Committee Letter of Intent: Letter of Intent The legislature recognizes that laws alone may not achieve the same level of behavioral correction that counseling and treatment are designed to provide. It is therefore the intent of the legislature that the courts, when addressing those who are first time violators of AS 12.55.015(a)(13) in this act, use when available, Therapeutic Court in lieu of a standard sentencing. If openings in the Therapeutic Court are not available, the legislature intends that standard sentencing for a class A misdemeanor be carried out as set out in AS 11.56.768(b)&(d) of this Act. Signing no recommendation: Senator McGuire, Chair; Senator Green. Signing do pass: Senator French. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Alaska Court System Fiscal Note No. 2, indeterminate, Department of Administration Fiscal Note No. 3, indeterminate, Department of Administration Fiscal Note No. 4, indeterminate, Department of Corrections Fiscal Note No. 5, zero, Department of Law 2007-02-23 Senate Journal Page 0350 The bill was referred to the Judiciary Committee. SB 43 The State Affairs Committee considered SENATE BILL NO. 43 "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations that provide a positive youth development program, workforce development, aid to the arts, or aid and services to the elderly, low-income individuals, individuals in emergency situations, disabled individuals, or individuals with mental illness; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 43(STA) Signing do pass: Senator McGuire, Chair. Signing no recommendation: Senators French, Green. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. HJR 8 The Labor and Commerce Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 8(L&C) am Opposing the enactment by the Washington State Legislature of a bill proposing to impose a fee on the processing of shipping containers in the State of Washington because of the negative impact of the fee on the people and the economy of this state. Signing do pass: Senator Ellis, Chair; Senators Davis, Hoffman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Rules Committee. 2007-02-23 Senate Journal Page 0351 Introduction and Reference of Senate Bills SB 94 SENATE BILL NO. 94 BY SENATOR ELLIS BY REQUEST, entitled: "An Act establishing a division of blind services within the Department of Health and Social Services; and relating to the administration of the vocational rehabilitation program." was read the first time and referred to the Labor and Commerce, Health, Education and Social Services and Finance Committees. Unfinished Business Senator French moved and asked unanimous consent to be excused from a call of the Senate on February 26 to morning plane time. Without objection, Senator French was excused. HB 18 Senator Davis, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on CS FOR HOUSE BILL NO. 18(HES) "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." Without objection, the bill was referred to the Finance Committee. SB 80 Senator McGuire moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 80 "An Act relating to allowable lease expenditures for the purpose of determining the production tax value of oil and gas for the purposes of the oil and gas production tax; and providing for an effective date." Without objection, it was so ordered. 2007-02-23 Senate Journal Page 0352 Announcements Announcements are at the end of the journal. Adjournment Senator Olson, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 26, 2007. Without objection, the Senate adjourned at 10:26 a.m. Kirsten Waid Secretary of the Senate 2007-02-23 Senate Journal Page 0353 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 27 Tuesday Beltz 211 3:30 PM + Overview - Local Boundary Commission Bills Previously Heard/Scheduled Mar 01 Thursday Beltz 211 4:00 PM += SB 16 EXTEND REGULATORY COMMISSION OF ALASKA Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Feb 23 Friday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 26 Monday Senate Finance 532 9:00 AM + SB 49 COMMEMORATIVE PLATES: STATEHOOD ANIV. + SB 75 EXTENDING COUNCIL ON DOMESTIC VIOLENCE + HB 120 EXTENDING COUNCIL ON DOMESTIC VIOLENCE + HB 18 POSTSECONDARY MEDICAL & OTHER EDUC. PROG. Feb 27 Tuesday Senate Finance 532 9:00 AM += SB 83 SUPPLEMENTAL APPROPRIATIONS -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Feb 28 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled 2007-02-23 Senate Journal Page 0354 FINANCE (continued) Mar 01 Thursday Senate Finance 532 9:00 AM + Joint w/ (H) Finance Alaska Permanent Fund Corporation Presentation; APFC Board of Directors -- Testimony <Invitation Only> -- Mar 02 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 23 Friday Butrovich 205 1:30 PM No Meeting Scheduled Feb 26 Monday Butrovich 205 1:30 PM += SJR 1 MEDICAL ASSISTANCE FOR CHILDREN SEED: Ready to Read, Ready to Learn; AEYC; AK Child Care Resource & Referral Network; Alaska Head Start Directors Presentation: Economic Impact of Early Education & Child Care Services in Alaska Panel Discussion Feb 28 Wednesday Butrovich 205 1:30 PM + Strengthening Families Initiatives = SB 40 LONGEVITY BONUS REAPPLICATIONS Bills Previously Heard/Scheduled Mar 02 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 26 Monday Beltz 211 1:30 PM += SB 13 BAN CONSULTING CONTRACTS WITH LEGISLATORS Feb 28 Wednesday Beltz 211 1:30 PM -- Teleconference <Listen Only> -- + Confirmation Hearing : Talis Colberg Attorney General - Department of Law 2007-02-23 Senate Journal Page 0355 JUDICIARY (continued) Mar 01 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 27 Tuesday Beltz 211 1:30 PM + SB 84 BURNING CAPABILITY OF CIGARETTES Bills Previously Heard/Scheduled += SB 68 MOTOR VEHICLE INSURANCE Mar 01 Thursday Beltz 211 1:30 PM + Confirmation of Governor's Appointees: Alcoholic Beverage Control Board - Shirley A Gifford Alaska Workers' Compensation Appeals Commission - Stephan T Hagedorn Alaska Workers' Compensation Board - Mark A Crutchfield Gloria O'Neill Janet L Waldron William K Williams ---------------------------------------- RESOURCES Feb 23 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled + Presentations Previously Heard/Scheduled Feb 26 Monday Butrovich 205 3:30 PM + Presentation: Agrium Kenai Nitrogen Operations: Agrium US Inc, Alaska RR, Usibelli Coal Mine, Inc -- Testimony <Invitation Only> -- Feb 28 Wednesday Senate Finance 532 12:00 PM Joint w/ (H) Resources + Mining Industry Briefing - Council of Alaska Producers -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled 2007-02-23 Senate Journal Page 0356 RESOURCES (continued) Feb 28 Wednesday Butrovich 205 3:30 PM += SB 80 OIL & GAS PRODUCTION TAX: EXPENDITURES Bills Previously Heard/Scheduled Mar 02 Friday Butrovich 205 3:30 PM + HB 25 RECREATIONAL LAND USE LIABILITY/ADV. POSS + Confirmation Hearings: Department Commissioners: Tom Irwin, Larry Hartig, Denby Lloyd Big Game Commercial Services Board: Richard A Roher, Leif Wilson Board of Game: Robert Bell, Ben Grussendorf Alaska Oil & Gas Conservation Commission: Cathy P Foerster Bills Previously Heard/Scheduled Presentations Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Feb 27 Tuesday Beltz 211 9:00 AM + Overview: Impacts of the 90-Day Session Mar 01 Thursday Beltz 211 9:00 AM + Overview: Impacts of the 90-Day Session ---------------------------------------- TRANSPORTATION Feb 27 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 01 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 26 Monday Senate Finance 532 3:00 PM Department Budget Overview 2007-02-23 Senate Journal Page 0357 FINANCE SUBCOMMITTEES (continued) ADMINISTRATION (continued) Mar 05 Monday Senate Finance 532 3:00 PM Department Budget Detail Mar 12 Monday Senate Finance 532 3:00 PM Department Budget Detail Mar 19 Monday Senate Finance 532 3:00 PM Department Budget Detail ---------------------------------------- COURT SYSTEM Mar 01 Thursday Fahrenkamp 203 5:00 PM + Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 07 Wednesday Butrovich 205 8:00 AM -- Meeting Canceled -- FY'08 Proposed Budget Mar 14 Wednesday Butrovich 205 8:00 AM Postsecondary Education Commission FY'08 Proposed Budget Overview Mar 16 Friday Butrovich 205 8:00 AM Dept of Education & Early Development FY'08 Proposed Budget Mar 21 Wednesday Butrovich 205 8:00 AM Dept of Education & Early Development FY'08 Proposed Budget ---------------------------------------- FISH & GAME Feb 27 Tuesday Senate Finance 532 3:00 PM -- Time Change -- Budget Overview 2007-02-23 Senate Journal Page 0358 FINANCE SUBCOMMITTEES (continued) FISH & GAME Mar 01 Thursday Senate Finance 532 3:00 PM Budget Detail Mar 13 Tuesday Senate Finance 532 8:00 AM Budget Detail ---------------------------------------- HEALTH & SOCIAL SERVICES 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 ---------------------------------------- LAW Feb 27 Tuesday Fahrenkamp 203 1:30 PM Budget Overview Mar 06 Tuesday Fahrenkamp 203 1:30 PM Budget Detail Mar 13 Tuesday Fahrenkamp 203 1:30 PM Budget Detail Mar 20 Tuesday Fahrenkamp 203 1:30 PM Budget Detail ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 14 Wednesday Beltz 211 12:00 PM Overview by Major General Craig Campbell FY'08 Proposed Budget ---------------------------------------- 2007-02-23 Senate Journal Page 0359 FINANCE SUBCOMMITTEES (continued) NATURAL RESOURCES Mar 06 Tuesday Fahrenkamp 203 4:00 PM -- MEETING CANCELED -- FY'08 Proposed Budget Mar 13 Tuesday Fahrenkamp 203 4:00 PM FY'08 Proposed Budget Mar 20 Tuesday Fahrenkamp 203 4:00 PM FY'08 Proposed Budget Mar 22 Thursday Fahrenkamp 203 4:00 PM FY'08 Proposed Budget ---------------------------------------- PUBLIC SAFETY Mar 05 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Detail Mar 06 Tuesday Beltz 211 8:00 AM + Department Budget Detail Mar 19 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Detail Mar 20 Tuesday Beltz 211 8:00 AM + Department Budget Detail Apr 02 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Close-Out Apr 03 Tuesday Beltz 211 8:00 AM + Department Budget Close-Out ---------------------------------------- REVENUE Mar 01 Thursday Fahrenkamp 203 1:30 PM Budget Overview 2007-02-23 Senate Journal Page 0360 FINANCE SUBCOMMITTEES (continued) REVENUE Mar 08 Thursday Fahrenkamp 203 1:30 PM Budget Detail Mar 15 Thursday Fahrenkamp 203 1:30 PM Budget Detail Mar 22 Thursday Fahrenkamp 203 1:30 PM Budget Detail ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 15 Thursday Beltz 211 8:00 AM DOT/PF Budget Mar 29 Thursday Beltz 211 8:00 AM DOT/PF Budget ---------------------------------------- UNIVERSITY OF ALASKA Mar 01 Thursday Senate Finance 532 7:30 AM Budget Overview Mar 08 Thursday Senate Finance 532 7:30 AM Budget Detail Mar 15 Thursday Senate Finance 532 7:30 AM Budget Detail Mar 22 Thursday Senate Finance 532 7:30 AM Budget Detail ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Feb 23 Friday Butrovich 205 8:00 AM No Meeting Scheduled 2007-02-23 Senate Journal Page 0361 SPECIAL COMMITTEES (continued) SPECIAL COMMITTEE ON EDUCATION (continued) Feb 28 Wednesday Butrovich 205 8:00 AM Consideration: Repeal of requirement that 70% of education funds to be spent on instruction. Mar 02 Friday Butrovich 205 8:00 AM Overview: Truancy and Dropouts SB 31 TRUANCY ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL Mar 05 Monday Senate Finance 532 5:00 PM Agenda TBA ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS 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 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