Legislature(2007 - 2008)
2007-04-16 Senate Journal
Full Journal pdf2007-04-16 Senate Journal Page 0847 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday April 16, 2007 Ninety-first Day Pursuant to adjournment the Senate was called to order by President Green at 11:08 a.m. The roll showed nineteen members present. Senator Bunde was excused from a call of the Senate. The prayer was offered by the Chaplain, Jesse Kiehl of the Congregation Sukkat Shalom Jewish Community. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Baruch atah Adonai, eloheinu ruach ha-olam, pokayach ivrim. Blessed are You, Eternal God, who guides all the world, and who opens the eyes of the blind. Baruch atah Adonai, eloheinu melekh ha-olam, zokaif kefufim. Blessed is the Eternal God, maker of the universe, who lifts up the fallen. Baruch atah Adonai, eloheinu ruach ha-olam, hanosayn layo-ayf koach. Blessed are You, Oh Eternal God, who gives breath to the world, and gives strength to the weary. We pray for sanctification in our lives and our work, Oh God - for eyes opened to what is right and just, for hearts prepared to serve in truth. 2007-04-16 Senate Journal Page 0848 Guide our hearts and thoughts this day, and every day, that our work may be tikkun olam - repairing the world. Cain y'hi ratzon. So may it be God's will. Senator Thomas led the Senate in the Pledge of Allegiance. Certification Senator Stevens moved and asked unanimous consent that the journals for the eighty-eighth through ninetieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Messages dated April 13 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 15 CS FOR HOUSE JOINT RESOLUTION NO. 15(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, Supporting the passage of a Filipino Veterans Equity Act and a Filipino Veterans Family Reunification Act. was read the first time and referred to the State Affairs Committee. HCR 5 HOUSE CONCURRENT RESOLUTION NO. 5 BY REPRESENTATIVES STOLTZE, Samuels, Meyer, Dahlstrom, Roses, Harris, Edgmon, Hawker, Johnson, Lynn, Wilson, Johansen, Fairclough, Kerttula, Ramras, Doogan, 2007-04-16 Senate Journal Page 0849 Supporting the 2007 National Crime Victims' Rights Week. was read the first time and referred to the Judiciary Committee. First Reading and Reference of House Bills HB 75 CS FOR HOUSE BILL NO. 75(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to driver's licenses and to alcohol and drug awareness and safety testing." was read the first time and referred to the State Affairs and Finance Committees. HB 92 HOUSE BILL NO. 92 BY REPRESENTATIVES SAMUELS AND STOLTZE, Hawker, Dahlstrom, Lynn, Johnson, Johansen, entitled: "An Act removing the victims' advocate and the staff of the office of victims' rights from the jurisdiction of the office of the ombudsman in the legislative branch." was read the first time and referred to the State Affairs Committee. HB 168 HOUSE BILL NO. 168 BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: "An Act authorizing two exchanges of land between the Alaska Railroad Corporation and the Department of Transportation and Public Facilities; and providing for an effective date." was read the first time and referred to the Finance Committee. 2007-04-16 Senate Journal Page 0850 Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Board of Forestry 2006 Annual Report to the Governor A Review of the Alaska Forest Resources and Practices Act: Its Implementation and Effectiveness, dated March 2007 from Chris Maisch, Presiding Officer, Board of Forestry Department of Natural Resources in accordance with AS 41.17.047(d) Report from the Commissioner of the Department of Administration dated April 11, stating the monetary terms for the collective bargaining agreement reached with the Teachers' Education Association of Mt. Edgecumbe (TEAME) on behalf of teachers at Mt. Edgecumbe High School in accordance with AS 23.40.215. President Green referred the monetary terms of agreement to the Finance Committee. Report from the Commissioner of the Department of Administration dated April 12, stating the monetary terms for the collective bargaining agreement reached with the Public Employees Local 71 on behalf of the Labor, Trades and Crafts Unit (LTC) in accordance with AS 23.40.215. President Green referred the monetary terms of agreement to the Finance Committee. Standing Committee Reports SB 109 The Resources Committee considered SENATE BILL NO. 109 "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 2007-04-16 Senate Journal Page 0851 hearings before the commission, and to information filed with and fees of the commission; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 109(RES) Signing do pass: Senator Huggins, Chair; Senators Stedman, Stevens, Green. Signing no recommendation: Senator Wielechowski. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 155 SENATE BILL NO. 155 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to the exemption of water and wastewater utilities of a political subdivision." was read the first time and referred to the Labor and Commerce, Community and Regional Affairs and Finance Committees. SB 156 SENATE BILL NO. 156 BY SENATOR DAVIS, entitled: "An Act relating to questionnaires and surveys administered in the public schools." was read the first time and referred to the Senate Special Committee on Education and the Health, Education and Social Services Committee. 2007-04-16 Senate Journal Page 0852 Consideration of the Calendar Second Reading of Senate Bills SB 61 SENATE BILL NO. 61 "An Act making appropriations for qualified regional seafood development associations, for investigation and litigation relating to the public employees' retirement system and the teachers' retirement system, and for a special advisory election; and providing for an effective date" was read the second time. Senator Hoffman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 827. Senator Therriault objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 61(FIN) "An Act transferring funds to the public education fund; making supplemental and other appropriations; amending appropriations; and providing for an effective date" was adopted. Senator Hoffman offered Amendment No. 1 : Page 5, following line 8: Insert a new bill section to read: "* Sec. 9. REAPPROPRIATION OF LEGISLATIVE APPROPRIATION. The unexpended and unobligated balance, not to exceed $600,000, of the appropriation made in sec. 58(a), ch. 82, SLA 2006, page 167 (Legislative Budget and Audit Committee, committee expenses) is reappropriated to the Legislative Council for special session expenses for the fiscal year ending June 30, 2007." Renumber the following bill sections accordingly. Senator Hoffman moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 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. 61(FIN) am was read the third time. 2007-04-16 Senate Journal Page 0853 The question being: "Shall CS FOR SENATE BILL NO. 61(FIN) am "An Act transferring funds to the public education fund; making supplemental and other appropriations; amending appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 61(FIN) am Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Excused: Bunde and so, CS FOR SENATE BILL NO. 61(FIN) am 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. Third Reading of House Bills HB 126 CS FOR HOUSE BILL NO. 126(JUD)(title am) "An Act relating to access to criminal justice information for certain employees of the Department of Administration; relating to the procedure for changes to certificates, registration, titles, licenses, permits, and other forms relating to driving and motor vehicles; relating to requirements for, cancellations of, renewals of, reinstatements of, expirations of, disqualifications of, withdrawals of, suspensions or revocations of, and exemptions from commercial and other driver's licenses, permits, or privileges to drive; relating to records concerning motor vehicles and their drivers; relating to penalties for violating commercial driver licensing requirements; relating to the driver's license compact; and providing for an effective date" was read the third time. 2007-04-16 Senate Journal Page 0854 President Green stated the bill would be returned to the Transportation Committee. Without objection, CS FOR HOUSE BILL NO. 126(JUD)(title am) was returned to the Transportation Committee. Citations Honoring - National Correctional Officers' Week, May 6 - 12, 2007 Representative(s) Harris Senator(s) Therriault, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Joseph Camille Saucier Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Harold John Scott Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Mamie L. Sanford Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Marillyn Giles Senator(s) Davis, Green, Bunde, Cowdery, 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. Announcements Announcements are at the end of the journal. 2007-04-16 Senate Journal Page 0855 Engrossment SB 61 CS FOR SENATE BILL NO. 61(FIN) am "An Act transferring funds to the public education fund; making supplemental and other appropriations; amending appropriations; and providing for an effective date" 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 11:00 a.m., April 18, 2007. Without objection, the Senate adjourned at 11:55 a.m. Kirsten Waid Secretary of the Senate 2007-04-16 Senate Journal Page 0856 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 Apr 17 Tuesday Beltz 211 3:30 PM += SB 136 MUNICIPAL ROAD SERVICE AREAS += SB 3 COMMUNITY DIVIDEND PROGRAM Bills Previously Heard/Scheduled Apr 19 Thursday Beltz 211 3:30 PM + SB 122 MUNICIPAL PROPERTY TAX EXEMPTION Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Apr 16 Monday Senate Finance 532 9:00 AM + Presentation: Bill & Melinda Gates Foundation: Sound Families Initiative David Wertheimer, Sen. Program Officer Jeff Jessee, CEO, AK Mental Health Trust += SB 89 ELECTRONIC MONITORING OF GANG PROBATIONER + SB 69 CIVIL LEGAL SERVICES FUND + Bills Previously Heard/Scheduled Apr 17 Tuesday Senate Finance 532 9:00 AM + SB 100 SUBSTANCE ABUSE/MENTAL HEALTH PROGRAMS + SB 76 TUITION FOR CERTAIN CHILDREN + SB 137 LAND TRANSFERS ALASKA RR & DOTPF + HB 168 LAND TRANSFERS ALASKA RR & DOTPF + Bills Previously Heard/Scheduled 2007-04-16 Senate Journal Page 0857 FINANCE (continued) Apr 18 Wednesday Senate Finance 532 9:00 AM + SB 53 BUDGET: CAPITAL, SUPP. & OTHER APPROPS Administration Presentations -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Apr 18 Wednesday Senate Finance 532 1:00 PM += SB 53 BUDGET: CAPITAL, SUPP. & OTHER APPROPS Administration Presentations -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Apr 19 Thursday Senate Finance 532 9:00 AM += SB 53 BUDGET: CAPITAL, SUPP. & OTHER APPROPS Administration Presentations -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Apr 20 Friday Senate Finance 532 9:00 AM += SB 53 BUDGET: CAPITAL, SUPP. & OTHER APPROPS + Bills Previously Heard/Scheduled Apr 21 Saturday Senate Finance 532 9:00 AM += SB 53 BUDGET: CAPITAL, SUPP. & OTHER APPROPS + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 16 Monday Beltz 211 1:30 PM -- Location Change -- += SB 28 LIMIT OVERTIME FOR REGISTERED NURSES + Presentation: Sound Families Initiative Apr 18 Wednesday Beltz 211 1:30 PM -- Location Change -- + SB 150 CRIMES AT DOMESTIC VIOLENCE SHELTERS + SB 8 MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER Apr 20 Friday Butrovich 205 1:30 PM No Meeting Scheduled 2007-04-16 Senate Journal Page 0858 JUDICIARY Apr 16 Monday Butrovich 205 1:30 PM += SB 104 NATURAL GAS PIPELINE PROJECT -- Testimony <Invitation Only> -- Apr 17 Tuesday Fahrenkamp 203 3:30 PM -- Location Change -- += SB 104 NATURAL GAS PIPELINE PROJECT <Teleconference Listen Only> Apr 18 Wednesday Butrovich 205 1:30 PM += SB 104 NATURAL GAS PIPELINE PROJECT <Teleconference Listen Only> Apr 18 Wednesday Butrovich 205 5:30 PM -- Location Change -- += SB 104 NATURAL GAS PIPELINE PROJECT <Teleconference Listen Only> Apr 19 Thursday Butrovich 205 3:30 PM -- Location Change -- += SB 104 NATURAL GAS PIPELINE PROJECT Apr 20 Friday Beltz 211 1:30 PM += SB 78 MOTOR VEHICLE WINDOW TINTING += SCR 3 POINT THOMSON UNIT APPEAL += SB 132 ASSESSMENT REVIEW BOARD APPEALS += SB 18 PROPERTY FORECLOSURES AND EXECUTIONS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 17 Tuesday Beltz 211 1:30 PM + SB 102 MORTGAGE LENDING <Bill Hearing Postponed to 4/19> + HB 118 PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL Bills Previously Heard/Scheduled 2007-04-16 Senate Journal Page 0859 LABOR & COMMERCE (continued) Apr 19 Thursday Beltz 211 1:30 PM + SB 107 NATUROPATHS + SB 140 LEAVE FOR BONE MARROW DONATIONS Bills Previously Heard/Scheduled Including But Not Limited to: += SB 102 MORTGAGE LENDING += HB 118 PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL ---------------------------------------- RESOURCES Apr 16 Monday Butrovich 205 3:30 PM + Presentation: Enstar George Schreiber-Pres/CEO of SEMCO Curtis Thayer-Dir. Corp/External Affairs + Presentation: Southcentral Rail Corridor & Natural Resources Pat Gamble-ARRC, Pres/CEO + Bills Previously Heard/Scheduled Apr 18 Wednesday Butrovich 205 3:30 PM + SB 44 APPROP: FIRE ISLAND WIND FARM Testimony: Time limit may be set + SB 80 OIL & GAS PRODUCTION TAX: EXPENDITURES + Governor's Appts: Board of Fisheries Howard Delo-Big Lake Larry Edfelt-Auke Bay Claude (Vince) Webster-King Salmon + Bills Previously Heard/Scheduled Apr 20 Friday Butrovich 205 3:30 PM + SB 111 KODIAK NARROW CAPE PUBLIC USE AREA + HB 186 SPORT FISHING GUIDE RECORDS + SJR 4 NATURAL GAS FOR STATE RESIDENTS + Bills Previously Heard/Scheduled ---------------------------------------- 2007-04-16 Senate Journal Page 0860 STATE AFFAIRS Apr 17 Tuesday Beltz 211 9:00 AM += HB 171 ACCOMMODATE 90-DAY SESSION + SB 95 COMPETITIVE BIDDING FOR BALLOT PREP += HJR 11 STATE'S CONTROL OF NATIONAL GUARD + Bills Previously Heard/Scheduled Apr 19 Thursday Beltz 211 9:00 AM + SB 134 FUNDING SHORTFALL POLICY + HB 8 J. KEVIN LAMM TRAINING FACILITY + HB 210 QUALIFICATIONS OF THE ADJUTANT GENERAL + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 17 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Apr 19 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Apr 18 Wednesday Butrovich 205 8:00 AM SB 14 RAISE COMP. SCHOOL ATTENDANCE AGE Apr 20 Friday Butrovich 205 8:00 AM = SCR 5 CIVICS EDUC/ CITIZENS ADVISORY TASK FORCE Presentation: Floyd Dryden Middle School ---------------------------------------- 2007-04-16 Senate Journal Page 0861 JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS Apr 17 Tuesday Butrovich 205 10:00 AM -- Teleconference -- Full Committee: Open Session Election of Committee Chairs Public Comment Chair/Staff Report Budget Legislation Apr 17 Tuesday Butrovich 205 3:00 PM Senate Subcommittee: Executive Session Public Comment Executive Session Public Session ---------------------------------------- VICTIM'S ADVOCATE SELECTION COMMITTEE Apr 21 Saturday Terry Miller 104 9:00 AM Executive Session ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Apr 24 Tuesday Butrovich 205 12:00 PM + Presentation by The Alaska Trafficking in Persons Task Force - Dealing with Child Prostitution in Alaska ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS 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"