Legislature(2007 - 2008)
2007-03-07 Senate Journal
Full Journal pdf2007-03-07 Senate Journal Page 0481 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday March 7, 2007 Fifty-first Day Pursuant to adjournment the Senate was called to order by President Green at 11:04 a.m. The roll showed fourteen members present. Senators Dyson, Huggins, McGuire, Stedman, Therriault, Wagoner were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Dan Wanders of the Aldersgate United Methodist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Creating God, we are thankful for the beauty and splendor of this place where we get to live and work. We pray that the challenges of the last frontier will be cause for delight for this legislature, for our governor and lieutenant governor, and for the people of Alaska. I ask your blessing upon the custodial, maintenance and security staff of our government buildings and upon all state employees here and across this great land and pray that they can know satisfaction and fulfillment in and through their work. I pray that the families of these senators will be and feel appreciated for the sacrifices and difficulties that they face so that these elected leaders of our state can serve with focus and effectiveness. Give them your peace. 2007-03-07 Senate Journal Page 0482 As these servants of the public good face the difficulties and drudgeries of the days ahead, remind them of the lasting importance of their work, and give them the strength and endurance they need to persist in their good efforts. Amen. Senator Wielechowski led the Senate in the Pledge of Allegiance. Certification Senator Stevens moved and asked unanimous consent that the journals for the forty-ninth and fiftieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 5 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 117 CS FOR HOUSE BILL NO. 117(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to proclamations issued by the governor calling the legislature into special session." 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: 2006 Annual Report from Mark Torgerson, Administrator/Hearing Examiner Alaska Labor Relations Agency Department of Labor and Workforce Development in accordance with AS 23.05.370(a)(4) 2007-03-07 Senate Journal Page 0483 Fiscal Year 2006 Annual Report from Kate Giard, Chair, Regulatory Commission of Alaska in accordance with AS 42.05.211 and AS 42.06.220 available at: http://www.state.ak.us/rca Standing Committee Reports SB 68 The Labor and Commerce Committee considered SENATE BILL NO. 68 "An Act requiring motor vehicle insurers to provide to the commissioner of administration a database listing vehicle insurance policy information that will allow the commissioner to verify whether mandatory motor vehicle insurance has been obtained, limiting access to the database, establishing methods for proving that mandatory motor vehicle insurance is in place, allowing the additional penalties of suspending registration and vehicle impoundment and forfeiture for failure to have mandatory motor vehicle insurance, and authorizing hearings after suspension of registration for failure to have mandatory motor vehicle insurance" and recommended it be replaced with CS FOR SENATE BILL NO. 68(L&C) "An Act requiring motor vehicle insurers to provide to the commissioner of administration vehicle insurance policy information to allow the commissioner to verify whether mandatory motor vehicle insurance has been obtained and limiting access to the information; requiring proof of mandatory insurance coverage when a person applies for or renews motor vehicle registration; and allowing the additional penalties of vehicle impoundment and forfeiture for failure to have mandatory motor vehicle insurance." Signing do pass: Senator Ellis, Chair; Senators Davis, Stevens. Signing do not pass: Senator Bunde. Signing amend: Senator Hoffman. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development 2007-03-07 Senate Journal Page 0484 The bill was referred to the Transportation Committee. SB 78 The Transportation Committee considered SENATE BILL NO. 78 "An Act relating to the installation of window tinting in automobiles." Signing do pass: Senator Kookesh, Chair. Signing no recommendation: Senators Wielechowski, Wilken, Cowdery. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, zero, Department of Law The bill was referred to the Judiciary Committee. SB 82 The Finance Committee considered SENATE BILL NO. 82 "An Act making supplemental appropriations and other appropriations; amending the lapse dates of certain appropriations; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 82(FIN) Signing do pass: Senator Hoffman, Cochair; Senators Elton, Thomas, Olson. The bill was referred to the Rules Committee. SB 84 The Labor and Commerce Committee considered SENATE BILL NO. 84 "An Act relating to the burning capability of cigarettes being sold or offered for sale, or possessed for sale; relating to compliance certifications by tobacco product manufacturers, a directory of tobacco product manufacturers, the affixing of stamps to cigarette packages, and cigarette tax stamps; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 84(L&C) "An Act relating to the testing and packaging of cigarettes to be sold, offered for sale, or possessed in this state; relating to compliance certifications by tobacco 2007-03-07 Senate Journal Page 0485 product manufacturers, a directory of tobacco product manufacturers, the affixing of stamps to cigarette packages, and cigarette tax stamps; and providing for an effective date." Signing do pass: Senator Ellis, Chair; Senators Davis, Stevens. Signing no recommendation: Senator Hoffman. Signing amend: Senator Bunde. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Revenue Fiscal Note No. 2, Department of Public Safety The bill was referred to the Judiciary Committee. HB 34 The Community and Regional Affairs Committee considered HOUSE BILL NO. 34 "An Act relating to sales of wine by a winery licensee." Signing no recommendation: Senator Olson, Chair. Signing do pass: Senators Thomas, Stevens, Kookesh. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety The bill was referred to the Labor and Commerce Committee. Introduction and Reference of Senate Resolutions SJR 3 SENATE JOINT RESOLUTION NO. 3 BY SENATORS WIELECHOWSKI, Davis, Cowdery, Wilken, Ellis, Elton, Thomas, French, Bunde, Kookesh, Stevens, Green, Relating to the effect of Medicare rates on senior citizens' access to healthcare; and urging the United States Congress to increase Medicare rates for Alaska. 2007-03-07 Senate Journal Page 0486 was read the first time and referred to the Health, Education and Social Services Committee. Introduction and Reference of Senate Bills SB 106 SENATE BILL NO. 106 BY SENATOR DAVIS, entitled: "An Act making a special appropriation to the Department of Health and Social Services for payment as a grant to the Alaska Primary Care Association, a nonprofit association, for a community health centers program; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 107 SENATE BILL NO. 107 BY SENATOR DAVIS BY REQUEST, entitled: "An Act relating to naturopaths and to naturopathic practice; establishing a Naturopathic Advisory Committee and an Alaska Naturopathic Formulary Council; amending the duties of the State Medical Board and the Board of Pharmacy relating to naturopathic practice; and providing for an effective date." was read the first time and referred to the Labor and Commerce, Health, Education and Social Services and Finance Committees. SB 108 SENATE BILL NO. 108 BY SENATOR THERRIAULT, entitled: "An Act relating to security video surveillance of legislative space." 2007-03-07 Senate Journal Page 0487 was read the first time and referred to the State Affairs and Judiciary Committees. SB 109 SENATE BILL NO. 109 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, entitled: "An Act relating to the regulation and permitting of drilling and other operations by the Alaska Oil and Gas Conservation Commission, to civil penalties assessed by the commission, to reconsideration and appeal of decisions and the allocation of costs in investigations and hearings before the commission, and to information filed with and fees of the commission; and providing for an effective date." was read the first time and referred to the Resources Committee. SB 110 SENATE BILL NO. 110 BY SENATORS THERRIAULT, Dyson, Wagoner, Bunde, entitled: "An Act denying public employee retirement pension benefits to legislators, legislative directors, and public officers and employees who commit certain offenses, and adding to the duties of the Alaska Retirement Management Board and to the list of matters governed by the Administrative Procedure Act concerning that denial." was read the first time and referred to the Judiciary, State Affairs and Finance Committees. Consideration of the Calendar Citations Honoring - John Straley, Alaska State Writer Laureate Senator(s) Stedman, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Wilson 2007-03-07 Senate Journal Page 0488 Honoring - Paul B. Reichardt Representative(s) Guttenberg Senator(s) Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski, Wilken In Memoriam - Gary Landes Senator(s) Bunde, Green, 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 Reconsideration of Senate Bills SB 19 Senator Bunde requested that the reconsideration on CS FOR SENATE BILL NO. 19(FIN) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 19(FIN) am "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; relating to restrictions on employment after leaving state service; prohibiting certain persons from engaging in activity as lobbyists; relating to financial disclosures from former public officials; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" pass the Senate?" The roll was taken with the following result: 2007-03-07 Senate Journal Page 0489 CSSB 19(FIN) am Third Reading - On Reconsideration YEAS: 13 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Kookesh, Stevens, Thomas, Wielechowski, Wilken Excused: Dyson, Huggins, McGuire, Stedman, Therriault, Wagoner Absent: Olson and so, CS FOR SENATE BILL NO. 19(FIN) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 20 Senator Stevens requested that the reconsideration on CS FOR SENATE BILL NO. 20(STA) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 20(STA) am "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" pass the Senate?" The roll was taken with the following result: CSSB 20(STA) am Third Reading - On Reconsideration YEAS: 13 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Kookesh, Stevens, Thomas, Wielechowski, Wilken Excused: Dyson, Huggins, McGuire, Stedman, Therriault, Wagoner Absent: Olson and so, CS FOR SENATE BILL NO. 20(STA) am passed the Senate on reconsideration. Senator Stevens moved for the adoption of the effective date clause. 2007-03-07 Senate Journal Page 0490 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 20(STA) am Effective Date Clause YEAS: 13 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Kookesh, Stevens, Thomas, Wielechowski, Wilken Excused: Dyson, Huggins, McGuire, Stedman, Therriault, Wagoner Absent: Olson and so, the effective date clause failed and CS FOR SENATE BILL NO. 20(STA) am(efd fld) "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; and relating to the applicability of the Legislative Ethics Act" was referred to the Secretary for engrossment. Unfinished Business (continued) Senator Wilken moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 22 through evening plane time, March 25. Without objection, Senator Wilken was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate from plane time, March 8 through evening plane time, March 12. Without objection, Senator Cowdery was excused. Senators Ellis, Wielechowski moved and asked unanimous consent to be excused from a call of the Senate on March 9; and on March 12 to morning plane time. Without objection, Senators Ellis, Wielechowski were excused. Senator French moved and asked unanimous consent to be excused from a call of the Senate on March 12 to morning plane time. Without objection, Senator French was excused. 2007-03-07 Senate Journal Page 0491 Announcements Announcements are at the end of the journal. Engrossment SB 19 CS FOR SENATE BILL NO. 19(FIN) am "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; relating to restrictions on employment after leaving state service; prohibiting certain persons from engaging in activity as lobbyists; relating to financial disclosures from former public officials; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 20 CS FOR SENATE BILL NO. 20(STA) am(efd fld) "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; and relating to the applicability of the Legislative Ethics Act" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., March 9, 2007. Without objection, the Senate adjourned at 11:37 a.m. Kirsten Waid Secretary of the Senate 2007-03-07 Senate Journal Page 0492 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 08 Thursday Beltz 211 3:30 PM No Meeting Scheduled Mar 13 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Mar 15 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 07 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Mar 08 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 09 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- 2007-03-07 Senate Journal Page 0493 HEALTH, EDUCATION & SOCIAL SERVICES Mar 07 Wednesday Butrovich 205 1:30 PM Presentation: Brain Injury Service Delivery Needs + SB 90 SENIOR CARE Mar 09 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 07 Wednesday Senate Finance 532 1:30 PM -- Teleconference <Listen Only> -- Joint w/ (H) Judiciary Therapeutic Courts Mar 08 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 08 Thursday Beltz 211 1:30 PM + SB 101 GUARDIANSHIP AND CONSERVATORS + SB 97 ALASKA NATIVE ART IDENTIFICATION SEALS Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 07 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 09 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- 2007-03-07 Senate Journal Page 0494 STATE AFFAIRS Mar 08 Thursday Beltz 211 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Mar 08 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 12 Monday Senate Finance 532 3:00 PM Department Budget Detail Mar 19 Monday Senate Finance 532 3:00 PM Department Budget Detail ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Mar 08 Thursday Fahrenkamp 203 12:00 PM Overviews ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 07 Wednesday Butrovich 205 8:00 AM -- Meeting Canceled -- FY'08 Proposed Budget Mar 14 Wednesday Butrovich 205 8:30 AM -- Time Change -- 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 2007-03-07 Senate Journal Page 0495 FINANCE SUBCOMMITTEES (continued) EDUCATION & EARLY DEVELOPMENT (continued) Mar 21 Wednesday Butrovich 205 8:00 AM Dept of Education & Early Development FY'08 Proposed Budget ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 13 Tuesday Butrovich 205 3:00 PM + DEC Budget Discussion of Governor's Budget Amendments ---------------------------------------- FISH & GAME Mar 13 Tuesday Senate Finance 532 8:00 AM Budget Detail ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 08 Thursday Fahrenkamp 203 8:00 AM -- MEETING CANCELED -- Department Budget Detail Mar 13 Tuesday Butrovich 205 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 ---------------------------------------- 2007-03-07 Senate Journal Page 0496 FINANCE SUBCOMMITTEES (continued) LAW 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 Mar 20 Tuesday Fahrenkamp 203 12:00 PM Budget Close-out ---------------------------------------- NATURAL RESOURCES 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 19 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Detail Mar 20 Tuesday Beltz 211 8:00 AM + Department Budget Detail 2007-03-07 Senate Journal Page 0497 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY (continued) 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 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 ---------------------------------------- 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 08 Thursday Senate Finance 532 7:30 AM -- MEETING CANCELED -- Budget Detail Mar 15 Thursday Senate Finance 532 7:30 AM Budget Detail 2007-03-07 Senate Journal Page 0498 FINANCE SUBCOMMITTEES (continued) UNIVERSITY OF ALASKA (continued) Mar 22 Thursday Senate Finance 532 7:30 AM Budget Detail ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Mar 07 Wednesday Butrovich 205 8:00 AM Overview: Truancy and Dropouts = SB 31 TRUANCY Mar 09 Friday Butrovich 205 8:00 AM Truancy and Dropouts Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 15 Thursday House Finance 519 8:00 AM Status of Contracts Procurement Request Executive Session ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Mar 21 Wednesday Butrovich 205 12:00 PM "Filling the Need: Complementary Medicine Workforce" 2007-03-07 Senate Journal Page 0499 OTHER MEETINGS (continued) JOINT LEGISLATIVE HEALTH CAUCUS (continued) 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 Mar 19 Monday House Chamber 11:00 AM Annual Address by the Honorable Ted Stevens, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETINGS Mar 07 Wednesday Senate Finance 532 8:00 AM Key Campaign All Legislators are invited