Legislature(2007 - 2008)
2007-02-28 Senate Journal
Full Journal pdf2007-02-28 Senate Journal Page 0391 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday February 28, 2007 Forty-fourth Day Pursuant to adjournment the Senate was called to order by President Green at 10:45 a.m. The roll showed sixteen members present. Senator Kookesh was excused from a call of the Senate. Senators Davis, Hoffman, McGuire were absent. The prayer was offered by the Chaplain, Pastor Tom Matthews of the Douglas Island Bible Church. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Recognizing there is a great variety of religious diversity in our midst here, I would ask you to join me in a time of prayer, as we ask the Lord to bless another day of your deliberations. Dear Lord, As we look outside on a day like today, how can we but join in with the hymn writer who penned the words so many years ago. . ."then sings my soul, my Savior God to thee, how great thou art!" The majesty of your mountains, the might of your rolling seas, the intricacy of your creation, truly makes my heart want to sing your praises! What better place than this, right here in Alaska, can we see the power of your creation! 2007-02-28 Senate Journal Page 0392 Lord, I bring this body of legislators before you today to ask again for your guidance and direction in the many decisions that need to be made. There is a limited period of time for them to do their work in, and many important matters to discuss. I pray for wisdom, for discretion, for the discernment they will need as they address various bills that are put before them. I also recognize Lord that the majority of those here today had to leave behind a family while they moved here to do this job. I would pray for protection and well-being for the wives, husbands and children of those in this body. Thank you for a nation Lord that gives us the freedom to lift our prayers before you. May you always protect this great land of opportunity you have given us. I lift this prayer in the name of your beloved Son, Jesus Christ. Amen. Senator Stedman led the Senate in the Pledge of Allegiance. Certification Senator Stevens moved and asked unanimous consent that the journals for the forty-second and forty-third legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 26 was read, stating the House passed and transmitted for consideration: 2007-02-28 Senate Journal Page 0393 First Reading and Reference of House Bills HB 108 CS FOR HOUSE BILL NO. 108(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act extending the termination date for the Board of Marine Pilots; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Standing Committee Reports SJR 1 The Health, Education and Social Services Committee considered SENATE JOINT RESOLUTION NO. 1 Relating to reauthorization of federal funding for children's health insurance; and encouraging the Governor to support additional funding for and access to children's health insurance. Signing do pass: Senator Davis, Chair; Senators Elton, Thomas, Cowdery, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Health, Education and Social Services Committee The resolution was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 98 SENATE BILL NO. 98 BY SENATOR DAVIS, entitled: "An Act relating to dental hygienists." was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. 2007-02-28 Senate Journal Page 0394 SB 99 SENATE BILL NO. 99 BY SENATOR FRENCH, entitled: "An Act relating to the composition of the Alaska Police Standards Council; and providing for an effective date." was read the first time and referred to the Labor and Commerce, State Affairs and Finance Committees. SB 100 SENATE BILL NO. 100 BY SENATOR ELLIS, entitled: "An Act relating to substance abuse and mental health disorder prevention and treatment programs; and relating to long-term secure treatment programs for persons with substance abuse or co-occurring substance abuse and mental health disorders." was read the first time and referred to the Health, Education and Social Services, State Affairs and Finance Committees. SB 101 SENATE BILL NO. 101 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to private professional conservators and private and public guardians." was read the first time and referred to the Labor and Commerce, State Affairs and Finance Committees. The presence of Senator McGuire was noted. Recess Senator Stevens moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:51 a.m. 2007-02-28 Senate Journal Page 0395 After Recess Joint Session in the House Speaker Harris called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Green, who called the Joint Session to order at 11:07 a.m. The presence of Senators Davis, Hoffman was noted. The purpose of the Joint Session was to hear an address by the Honorable Chief Justice Dana Fabe. Senator Stevens moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Samuels moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Green appointed Representative LeDoux and Senator Thomas to escort Chief Justice Fabe to the Joint Session. The Senate Sergeant at Arms, Gary Stambaugh, announced Chief Justice Dana Fabe's entrance to the House Chamber. The Honorable Chief Justice Fabe was escorted to the rostrum and welcomed by President Green. Chief Justice Dana Fabe delivered her address. This address appears in House and Senate Joint Journal Supplement No. 3. The Chief Justice received a standing ovation and was escorted from the chamber by Senator Thomas and Representative LeDoux. Senator Stevens moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Green adjourned the Joint Session at 11:38 a.m. 2007-02-28 Senate Journal Page 0396 After Recess In the Senate The Senate reconvened at 11:44 a.m. Consideration of the Calendar Second Reading of Senate Bills SB 45 SENATE BILL NO. 45 "An Act relating to murder in the first degree" was read the second time. Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 222. Without objection, CS FOR SENATE BILL NO. 45(JUD) 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. 45(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 45(JUD) "An Act relating to murder in the first degree" pass the Senate?" The roll was taken with the following result: CSSB 45(JUD) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski, Wilken Excused: Kookesh Absent: Bunde, Therriault and so, CS FOR SENATE BILL NO. 45(JUD) passed the Senate. 2007-02-28 Senate Journal Page 0397 SB 49 SENATE BILL NO. 49 "An Act relating to commemorative license plates celebrating Alaska's 50th anniversary as a state; and providing for an effective date" was read the second time. Senator McGuire, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 86. Without objection, CS FOR SENATE BILL NO. 49(STA) 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. 49(STA) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 49(STA) "An Act relating to commemorative license plates celebrating Alaska's 50th anniversary as a state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 49(STA) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski, Wilken Excused: Kookesh Absent: Bunde, Therriault and so, CS FOR SENATE BILL NO. 49(STA) 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 2007-02-28 Senate Journal Page 0398 Second Reading of House Bills HB 120 CS FOR HOUSE BILL NO. 120(FIN) "An Act extending the Council on Domestic Violence and Sexual Assault; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 370. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 120(FIN) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 120(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 120(FIN) "An Act extending the Council on Domestic Violence and Sexual Assault; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 120(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski, Wilken Excused: Kookesh Absent: Therriault and so, SENATE CS FOR CS FOR HOUSE BILL NO. 120(FIN) 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 and the bill was referred to the Secretary for engrossment. 2007-02-28 Senate Journal Page 0399 Citations Honoring - Allen R. Storey Senator(s) Dyson, Green, Bunde, Cowdery, Davis, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Dahlstrom, Fairclough, Stoltze Honoring - Jack B. Wilbur, Jr. Representative(s) Kelly Senator(s) Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski, Wilken In Memoriam - Edgar Earnhart Representative(s) Samuels Senator(s) Cowdery, Green, Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Karl W. Kroon Representative(s) Kohring 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 Therriault moved and asked unanimous consent to be excused from a call of the Senate on March 2. Without objection, Senator Therriault was excused. Senator Wilken moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 8 through evening plane time, March 11; and from afternoon plane time, March 15 through evening plane time, March 18. Without objection, Senator Wilken was excused. 2007-02-28 Senate Journal Page 0400 Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 16 through morning plane time, March 19. Without objection, Senator Stedman was excused. Senator McGuire moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, March 7 through evening plane time, March 11. Without objection, Senator McGuire was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 9 through morning plane time, March 12; and from afternoon plane time, March 16 through plane time, March 19. Without objection, Senator Bunde was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 2 through evening plane time, March 4. Without objection, Senator Cowdery was excused. Senator Wagoner moved and asked unanimous consent to amend a prior excusal (page 203) and be excused from a call of the Senate from afternoon plane time, March 6 through evening plane time, March 12. Without objection, the excusal was amended. Senator McGuire moved and asked unanimous consent to be excused from a call of the Senate on March 16. Without objection, Senator McGuire was excused. SB 45 Senator Bunde gave notice of reconsideration on CS FOR SENATE BILL NO. 45(JUD) "An Act relating to murder in the first degree." Announcements Announcements are at the end of the journal. 2007-02-28 Senate Journal Page 0401 Engrossment SB 49 CS FOR SENATE BILL NO. 49(STA) "An Act relating to commemorative license plates celebrating Alaska's 50th anniversary as a state; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 120 SENATE CS FOR CS FOR HOUSE BILL NO. 120(FIN) "An Act extending the Council on Domestic Violence and Sexual Assault; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Engrossment and Enrollment SR 4 SENATE RESOLUTION NO. 4 Establishing March 3, 2007, as Susan Butcher Day, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:08 p.m., February 27, 2007. Adjournment Senator Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., March 2, 2007. Without objection, the Senate adjourned at 11:58 a.m. Kirsten Waid Secretary of the Senate 2007-02-28 Senate Journal Page 0402 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 01 Thursday Beltz 211 4:00 PM += SB 16 EXTEND REGULATORY COMMISSION OF ALASKA Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Feb 28 Wednesday Senate Finance 532 9:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled 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 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 ---------------------------------------- 2007-02-28 Senate Journal Page 0403 JUDICIARY Feb 28 Wednesday Beltz 211 1:30 PM -- Teleconference <Listen Only> -- + Confirmation Hearing : Talis Colberg Attorney General - Department of Law Mar 01 Thursday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE 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 28 Wednesday Senate Finance 532 12:00 PM -- Time Change -- Joint w/ (H) Resources + Mining Industry Briefing - Council of Alaska Producers -- Testimony <Invitation Only> -- Bills Previously Heard/Scheduled Feb 28 Wednesday Butrovich 205 3:30 PM += SB 80 OIL & GAS PRODUCTION TAX: EXPENDITURES Bills Previously Heard/Scheduled 2007-02-28 Senate Journal Page 0404 RESOURCES (continued) 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 Mar 01 Thursday Beltz 211 9:00 AM + Overview: Impacts of the 90-Day Session ---------------------------------------- TRANSPORTATION Mar 01 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION 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 ---------------------------------------- 2007-02-28 Senate Journal Page 0405 FINANCE SUBCOMMITTEES (continued) COURT SYSTEM Mar 01 Thursday Fahrenkamp 203 5:00 PM -- MEETING CANCELED -- + 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 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 2007-02-28 Senate Journal Page 0406 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES(continued) Apr 05 Thursday Fahrenkamp 203 8:00 AM Department Budget Close-Out ---------------------------------------- LAW Mar 06 Tuesday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- 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 ---------------------------------------- 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 ---------------------------------------- 2007-02-28 Senate Journal Page 0407 FINANCE SUBCOMMITTEES (continued) 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 Mar 08 Thursday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- Budget Detail Mar 15 Thursday Fahrenkamp 203 1:30 PM Budget Detail Mar 22 Thursday Fahrenkamp 203 1:30 PM Budget Detail ---------------------------------------- 2007-02-28 Senate Journal Page 0408 FINANCE SUBCOMMITTEES (continued) 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 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 BUDGET & AUDIT Mar 15 Thursday House Finance 519 8:00 AM Status of Contracts Procurement Request Executive Session ---------------------------------------- 2007-02-28 Senate Journal Page 0409 JOINT COMMITTEES (continued) LEGISLATIVE COUNCIL Mar 05 Monday Senate Finance 532 5:00 PM Agenda TBA ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 06 Tuesday Butrovich 205 8:30 AM -- Teleconference -- + Full Committee: Open Session Approval of Agenda/Minutes Election of Committee Chairs Public Comment Chair/Staff Reports Budget: Update on FY'07/Request for FY'08 Legislation: Update on Ethics Legislation Other Business Mar 06 Tuesday Butrovich 205 3:30 PM Senate Subcommittee: Executive Session Public Comment Executive Session Public Session ---------------------------------------- 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" ---------------------------------------- 2007-02-28 Senate Journal Page 0410 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