Legislature(2007 - 2008)

2007-04-18 Senate Journal

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2007-04-18                     Senate Journal                      Page 0865
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                    April 18, 2007                                                  
                                                                                                                                
                               Ninety-third Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 11:07 a.m.                                                                                                             
                                                                                                                                
The roll showed nineteen members present. Senator Wagoner was                                                                   
absent.                                                                                                                         
                                                                                                                                
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.                                                                                           
                                                                                                                                
            Adonai tsifatai tiftach, ufi yagid tehilatecha.                                                                     
            Eternal God, open my lips that my mouth may                                                                         
            declare your glory.                                                                                                 
                                                                                                                                
            There are issues of import, and points of                                                                           
            disagreement before the Senate today. We ask                                                                        
            only that every member be guided by                                                                                 
            conscience, the pursuit of justice ever tempered                                                                    
            by charity, and loving kindness.                                                                                    
                                                                                                                                
            May their disagreements never bring them to                                                                         
            discord.                                                                                                            
                                                                                                                                
            Oseh shalom bimromav hu ya-asseh shalom                                                                             
            aleinu, v'al kol yoshvei teyvel, veimru Amen.                                                                       
            May the one who makes peace in the high places                                                                      
            help us and all those on earth to achieve Shalom:                                                                   
            peace, oneness with ourselves, with one another                                                                     
            and with the divine.                                                                                                

2007-04-18                     Senate Journal                      Page 0866
            Cain y'hi ratzon                                                                                                    
            So may it be God's will.                                                                                            
                                                                                                                                
Senator Wielechowski led the Senate in the Pledge of Allegiance.                                                                
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journals                                                             
for the ninety-first and ninety-second legislative days be approved as                                                          
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
SR 5                                                                                                                          
Message dated April 12 was read stating the Governor read the                                                                   
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SENATE RESOLUTION NO. 5 Recognizing the                                                                               
          Prince Hall Grand Chapter, Order of the Eastern Star,                                                                 
          Alaska Jurisdiction, 35th Annual Communication                                                                        
          Week.                                                                                                                 
                                                                                                                                
                             Senate Resolve No. 5                                                                              
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated April 16 was read, stating:                                                                                       
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-fifth Alaska Legislature at 11:00 a.m. on                                                                 
Monday, May 14 for the purpose of considering confirmation of the                                                               
Governor's appointees.                                                                                                          
Senator Stevens moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                

2007-04-18                     Senate Journal                      Page 0867
Message dated April 16 was read, stating the House passed and                                                                   
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 166                                                                                                                        
CS FOR HOUSE BILL NO. 166(FIN) BY THE HOUSE FINANCE                                                                             
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to contributions from permanent                                                                      
          fund dividends to community foundations, to certain                                                                   
          educational organizations, and to certain other                                                                       
          charitable organizations; and providing for an                                                                        
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
Senator Therriault added his name as a cross sponsor on the bill.                                                               
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 3                                                                                                                          
The Community and Regional Affairs Committee considered                                                                         
SENATE BILL NO. 3 "An Act relating to the community dividend                                                                    
program; and providing for an effective date." Signing no                                                                       
recommendation: Senator Olson, Chair. Signing do pass: Senators                                                                 
Thomas, Wagoner, Kookesh.                                                                                                       
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Commerce, Community and                                                                       
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Judiciary Committee.                                                                               
                                                                                                                                
SB 28                                                                                                                         
The Health, Education and Social Services Committee considered                                                                  
SENATE BILL NO. 28 "An Act relating to limitations on mandatory                                                                 
overtime for registered nurses and licensed practical nurses in health                                                          
care facilities; and providing for an effective date" and recommended                                                           
it be replaced with                                                                                                             

2007-04-18                     Senate Journal                      Page 0868
          CS FOR SENATE BILL NO. 28(HES)                                                                                        
                                                                                                                                
Signing do pass: Senator Davis, Chair; Senator Elton. Signing no                                                                
recommendation: Senator Thomas. Signing amend: Senators Dyson,                                                                  
Cowdery.                                                                                                                        
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Administration                                                                          
 Fiscal Note No. 2, zero, Department of Commerce, Community                                                                     
      and Economic Development                                                                                                  
 Fiscal Note No. 3, Department of Labor and Workforce                                                                           
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Labor and Commerce Committee.                                                                      
                                                                                                                                
SB 76                                                                                                                         
The Finance Committee considered SENATE BILL NO. 76 "An Act                                                                     
establishing a higher education savings program for eligible children                                                           
who were placed in out-of-home care by the state; and providing for                                                             
confidentiality of identifying information of a beneficiary under the                                                           
program" and recommended the adoption of the Health, Education and                                                              
Social Services Committee Substitute offered on page 541. Signing do                                                            
pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas,                                                              
Dyson, Huggins, Olson.                                                                                                          
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 2, Department of Health and Social Services                                                                    
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, University of Alaska                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 89                                                                                                                         
The Finance Committee considered SENATE BILL NO. 89 "An Act                                                                     
relating to requiring electronic monitoring as a special condition of                                                           
probation for offenders whose offense was related to a criminal street                                                          
gang" and recommended it be replaced with                                                                                       
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0869
          CS FOR SENATE BILL NO. 89(FIN) "An Act                                                                                
          relating to requiring electronic monitoring as a                                                                      
          special condition of probation and parole for                                                                         
          offenders whose offense was related to a criminal                                                                     
          street gang."                                                                                                         
                                                                                                                                
Signing no recommendation: Senators Hoffman, Stedman, Cochairs;                                                                 
Senator Olson. Signing do pass: Senators Elton, Thomas, Dyson,                                                                  
Huggins.                                                                                                                        
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 6, Department of Corrections                                                                                   
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Law                                                                                     
 Fiscal Note No. 2, indeterminate, Alaska Court System                                                                          
 Fiscal Note No. 3, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 4, indeterminate, Department of Administration                                                                 
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 100                                                                                                                        
The Finance Committee considered SENATE BILL NO. 100 "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" and recommended it be replaced                                                               
with                                                                                                                            
                                                                                                                                
          CS FOR SENATE BILL NO. 100(FIN)                                                                                       
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Elton, Thomas, Dyson, Huggins, Olson.                                                                                           
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 3, zero, Department of Health and Social Services                                                              
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0870
SB 136                                                                                                                        
The Community and Regional Affairs Committee considered                                                                         
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 136 "An Act                                                                              
relating to certain municipal service areas that provide road services."                                                        
Signing do pass: Senator Olson, Chair; Senators Thomas, Wagoner.                                                                
Signing no recommendation: Senator Kookesh.                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Commerce, Community                                                                     
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Transportation Committee.                                                                          
                                                                                                                                
HB 168                                                                                                                        
The Finance Committee considered HOUSE BILL NO. 168 "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." Signing do pass:                                                              
Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas,                                                                    
Huggins. Signing no recommendation: Senator Olson.                                                                              
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Commerce, Community                                                                     
      and Economic Development                                                                                                  
 Fiscal Note No. 2, zero, Department of Transportation and Public                                                               
      Facilities                                                                                                                
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HJR 11                                                                                                                        
The State Affairs Committee considered CS FOR HOUSE JOINT                                                                       
RESOLUTION NO. 11(STA)(title am) Relating to the increased                                                                      
authority granted to the President of the United States to federalize the                                                       
National Guard of the individual states without the consent of the                                                              
governors; and urging the United States Congress to take action to                                                              
honor the sovereignty of the individual states to regulate and command                                                          
the National Guard of the states. Signing do pass: Senator McGuire,                                                             
Chair; Senators French, Stevens, Green.                                                                                         
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0871
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, House Special Committee on Military &                                                                 
      Veterans' Affairs                                                                                                         
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 139                                                                                                                        
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139 BY                                                                                   
SENATOR OLSON, entitled:                                                                                                        
                                                                                                                                
              "An Act repealing a limitation on the liability of                                                               
          certain airfield owners or operators."                                                                                
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
SB 157                                                                                                                        
SENATE BILL NO. 157 BY SENATORS DYSON, French, McGuire,                                                                         
Ellis, Bunde, Wagoner, Therriault, Elton, Wilken, Davis, entitled:                                                              
                                                                                                                                
                  "An Act relating to human trafficking and                                                                    
          prostitution."                                                                                                        
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary and                                                        
Finance Committees.                                                                                                             
                                                                                                                                
SB 158                                                                                                                        
SENATE BILL NO. 158 BY SENATOR KOOKESH, entitled:                                                                               
                                                                                                                                
          "An Act designating the bridge on the George Parks                                                                    
          Highway directly north of the Alaska Native                                                                           
          Veterans' Honor Bridge as the Shirley Demientieff                                                                     
          Memorial Bridge."                                                                                                     
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0872
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 109                                                                                                                        
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 hearings before the                                                                   
commission, and to information filed with and fees of the commission;                                                           
and providing for an effective date" was read the second time.                                                                  
                                                                                                                                
Senator Huggins, Chair, moved and asked unanimous consent for the                                                               
adoption of the Resources Committee Substitute offered on page 850.                                                             
Without objection, CS FOR SENATE BILL NO. 109(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. 109(RES) was read the third time.                                                                        
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 109(RES)                                                                      
"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" pass the                                                                
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
CSSB 109(RES)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                                               
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wielechowski, Wilken                                                                                        
                                                                                                                                
Absent:  Wagoner                                                                                                                

2007-04-18                     Senate Journal                      Page 0873
                                                                                                                                
and so, CS FOR SENATE BILL NO. 109(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 and the bill was referred                                                          
to the Secretary for engrossment.                                                                                               
                                                                                                                                
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 95                                                                                                                         
CS FOR HOUSE BILL NO. 95(FIN) "An Act making appropriations                                                                     
for the operating and loan program expenses of state government, for                                                            
certain programs, and to capitalize funds; making appropriations under                                                          
art. IX, sec. 17(c), Constitution of the State of Alaska; 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 Senate Committee Substitute offered on                                                              
page 828. Without objection, SENATE CS FOR CS FOR HOUSE                                                                         
BILL NO. 95(FIN) was adopted.                                                                                                   
                                                                                                                                
Senator Dyson offered Amendment No. 1:                                                                                          
                                                                                                                                
Page 11, after Line 10 add the following intent language:                                                                       
"A school district may not receive state education aid for K-12 support                                                         
appropriated under Section 1 of this Act and distributed by the                                                                 
Department of Education and Early Development under AS 14.17 if                                                                 
the school district                                                                                                             
     (1) has a policy refusing to allow recruiters for any branch of the                                                        
United States military, Reserve Officers' Training Corps, Central                                                               
Intelligence Agency, or Federal Bureau of Investigation to contact                                                              
students on a school campus if the school district allows college,                                                              
vocational school, or other job recruiters on a campus to contact                                                               
students;                                                                                                                       
     (2) refuses to allow the Boy Scouts of America to use school                                                               
facilities for meetings or contact with students if the school makes the                                                        
facility available to other non-school groups in the community; or                                                              
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0874
     (3) has a policy of refusing to have an in-school Reserve Officers'                                                        
Training Corps program or a Junior Reserve Officers' Training Corps                                                             
program."                                                                                                                       
                                                                                                                                
Senator Dyson moved for the adoption of Amendment No. 1. Senator                                                                
Stevens objected.                                                                                                               
                                                                                                                                
Senator Dyson moved and asked unanimous consent to withdraw                                                                     
Amendment No. 1. Without objection, Amendment No. 1 was                                                                         
withdrawn.                                                                                                                      
                                                                                                                                
Senators Dyson, Therriault offered Amendment No. 2:                                                                             
                                                                                                                                
Page 17, beginning after Line 5 add new intent language:                                                                        
"No money appropriated in this appropriation may be expended for an                                                             
abortion that is not a mandatory service required under AS                                                                      
47.07.030(a). The money appropriated for Health and Social Services                                                             
may be expended only for mandatory services required under Title                                                                
XIX of the Social Security Act and for optional services offered by the                                                         
state under the state plan for medical assistance that has been approved                                                        
by the United States Department of Health and Human Services. This                                                              
statement is a statement of the purpose of the appropriation and is                                                             
neither merely descriptive language nor a statement of legislative                                                              
intent."                                                                                                                        
                                                                                                                                
Page 18, beginning after Line 20 add new intent language:                                                                       
"No money appropriated in this appropriation may be expended for an                                                             
abortion that is not a mandatory service required under AS                                                                      
47.07.030(a). The money appropriated for Health and Social Services                                                             
may be expended only for mandatory services required under Title                                                                
XIX of the Social Security Act and for optional services offered by the                                                         
state under the state plan for medical assistance that has been approved                                                        
by the United States Department of Health and Human Services. This                                                              
statement is a statement of the purpose of the appropriation and is                                                             
neither merely descriptive language nor a statement of legislative                                                              
intent."                                                                                                                        
                                                                                                                                
Senator Dyson moved for the adoption of Amendment No. 2. Senator                                                                
Stevens objected.                                                                                                               
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0875
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wilken                                                                                         
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Absent:  Wagoner                                                                                                                
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
The presence of Senator Wagoner was noted.                                                                                      
                                                                                                                                
HB 95                                                                                                                         
Senator Wilken offered Amendment No. 3:                                                                                         
                                                                                                                                
Page 36, line 29:                                                                                                               
     Delete "795,504,700"                                                                                                     
     Insert "800,874,900"                                                                                                     
                                                                                                                                
     Delete "287,235,500"                                                                                                     
     Insert "292,135,700"                                                                                                     
                                                                                                                                
     Delete "508,269,200"                                                                                                     
     Insert "508,739,200"                                                                                                     
                                                                                                                                
Page 36, line 30:                                                                                                               
     Delete "2,548,700"                                                                                                         
     Insert "6,178,100"                                                                                                         
                                                                                                                                
Page 37, line 3:                                                                                                                
     Delete "227,286,000"                                                                                                       
     Insert "228,460,300"                                                                                                       
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0876
Page 37, line 18:                                                                                                               
     Delete "12,380,700"                                                                                                        
     Insert "12,544,100"                                                                                                        
                                                                                                                                
Page 37, line 20:                                                                                                               
     Delete "10,755,800"                                                                                                        
     Insert "11,038,900"                                                                                                        
                                                                                                                                
Page 37, line 21:                                                                                                               
     Delete "39,822,500"                                                                                                        
     Insert "39,942,500"                                                                                                        
                                                                                                                                
Adjust funding sources accordingly.                                                                                             
                                                                                                                                
Senator Wilken moved for the adoption of Amendment No. 3. Senator                                                               
Stevens objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 3 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senator Therriault offered Amendment No. 4:                                                                                     
                                                                                                                                
Page 20, line 17:                                                                                                               
     Delete "339,761,800"                                                                                                     
     Insert "339,913,400"                                                                                                     
     Delete "136,953,100"                                                                                                     
     Insert "137,104,700"                                                                                                     
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0877
Page 20, line 23:                                                                                                               
     Delete "2,848,400"                                                                                                         
     Insert "3,000,000"                                                                                                         
                                                                                                                                
Page 38, line 8:                                                                                                                
     Delete "14,219,300"                                                                                                      
     Insert "14,067,700"                                                                                                      
     Delete "13,969,300"                                                                                                      
     Insert "13,817,700"                                                                                                      
                                                                                                                                
Page 38, line 10:                                                                                                               
     Delete "6,087,800"                                                                                                         
     Insert "5,936,200"                                                                                                         
                                                                                                                                
Adjust funding sources accordingly.                                                                                             
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 4.                                                                   
Senator Stevens objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
Senator Therriault offered Amendment No. 5:                                                                                     
                                                                                                                                
Page 20, line 17:                                                                                                               
     Delete "339,761,800"                                                                                                     
     Insert "339,995,600"                                                                                                     
     Delete "136,953,100"                                                                                                     
     Insert "137,186,900"                                                                                                     

2007-04-18                     Senate Journal                      Page 0878
Page 20, line 25:                                                                                                               
     Delete "8,266,200"                                                                                                         
     Insert "8,500,000"                                                                                                         
                                                                                                                                
Page 38, line 8:                                                                                                                
     Delete "14,219,300"                                                                                                      
     Insert "13,985,500"                                                                                                      
     Delete "13,969,300"                                                                                                      
     Insert "13,735,500"                                                                                                      
                                                                                                                                
Page 38, line 10:                                                                                                               
     Delete "6,087,800"                                                                                                         
     Insert "5,854,000"                                                                                                         
                                                                                                                                
Adjust funding sources accordingly.                                                                                             
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 5.                                                                   
Senator Stevens objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 5 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 
                                                                                                                                
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. 95(FIN) was read the                                                                        
third time.                                                                                                                     

2007-04-18                     Senate Journal                      Page 0879
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 95(FIN) "An Act making appropriations for the operating and                                                                 
loan program expenses of state government, for certain programs, and                                                            
to capitalize funds; making appropriations under art. IX, sec. 17(c),                                                           
Constitution of the State of Alaska; and providing for an effective                                                             
date" pass the Senate?" The roll was taken with the following result:                                                           
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 95(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                                                            
clauses. Senator Therriault objected.                                                                                           
                                                                                                                                
The question being: "Shall the effective date clauses be adopted?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Effective Date Clauses                                                                                                          
                                                                                                                                
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
and so, the effective date clauses were adopted.                                                                                
                                                                                                                                
Senator Stevens moved for the adoption of the constitutional budget                                                             
reserve fund section.                                                                                                           
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0880
The question being: "Shall the constitutional budget reserve fund                                                               
section (Article IX, Section 17(c) Constitution of the State of Alaska)                                                         
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
SCS CSHB 95(FIN)                                                                                                                
Adopt Constitutional Budget                                                                                                     
Reserve Fund Section?                                                                                                           
                                                                                                                                
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
and so, the constitutional budget reserve fund section was adopted.                                                             
                                                                                                                                
Senator Therriault gave notice of reconsideration.                                                                              
                                                                                                                                
HB 96                                                                                                                         
CS FOR HOUSE BILL NO. 96(FIN) "An Act making appropriations                                                                     
for the operating and capital expenses of the state's integrated                                                                
comprehensive mental health program; 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 Senate Committee Substitute offered on                                                              
page 829. Without objection, SENATE CS FOR CS FOR HOUSE                                                                         
BILL NO. 96(FIN) was adopted.                                                                                                   
                                                                                                                                
Senators Dyson, Therriault, Wagoner offered Amendment No. 1:                                                                    
                                                                                                                                
Page 3, beginning after Line 20 add new intent language:                                                                        
"No money appropriated in this appropriation may be expended for an                                                             
abortion that is not a mandatory service required under AS                                                                      
47.07.030(a). The money appropriated for Health and Social Services                                                             
may be expended only for mandatory services required under Title                                                                
XIX of the Social Security Act and for optional services offered by the                                                         
state under the state plan for medical assistance that has been approved                                                        
by the United States Department of Health and Human Services. This                                                              
statement is a statement of the purpose of the appropriation and is                                                             
neither merely descriptive language nor a statement of legislative                                                              
intent."                                                                                                                        

2007-04-18                     Senate Journal                      Page 0881
Senator Dyson moved for the adoption of Amendment No. 1. Senator                                                                
Stevens objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 96(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
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. 96(FIN) was read the                                                                        
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 96(FIN) "An Act making appropriations for the operating and                                                                 
capital expenses of the state's integrated comprehensive mental health                                                          
program; and providing for an effective date" pass the Senate?" The                                                             
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 96(FIN)                                                                                                                
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski, Wilken                                                                                                            
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        

2007-04-18                     Senate Journal                      Page 0882
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 96(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.                                                                                               
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
HCR 5                                                                                                                         
Senator French, Chair, moved and asked unanimous consent that the                                                               
Judiciary Committee referral be waived on HOUSE CONCURRENT                                                                      
RESOLUTION NO. 5 Supporting the 2007 National Crime Victims'                                                                    
Rights Week. Without objection, the resolution was referred to the                                                              
Rules Committee.                                                                                                                
                                                                                                                                
SB 117                                                                                                                        
Senator Elton moved and asked unanimous consent to be shown as a                                                                
cosponsor on SENATE BILL NO. 117 "An Act relating to the                                                                        
presumption of coverage for a workers' compensation claim for                                                                   
disability as a result of certain diseases for certain occupations."                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Senator Davis moved and asked unanimous consent to amend a prior                                                                
excusal motion (page 833) from the evening of May 3 through May 6                                                               
to the morning of May 3 through May 6. Without objection, the                                                                   
excusal motion was amended.                                                                                                     
                                                                                                                                
Senator Therriault moved and asked unanimous consent to be excused                                                              
from a call of the Senate on April 20 from morning plane time.                                                                  
Without objection, Senator Therriault was excused.                                                                              
                                                                                                                                
President Green made the following appointment change:                                                                          
                                                                                                                                
Victims' Advocate Selection Committee                                                                                         
Senator Dyson replaces Senator Therriault                                                                                       
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0883
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 109                                                                                                                        
CS FOR SENATE BILL NO. 109(RES) "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 engrossed,                                                                 
signed by the President and Secretary and transmitted to the House for                                                          
consideration.                                                                                                                  
                                                                                                                                
HB 96                                                                                                                         
SENATE CS FOR CS FOR HOUSE BILL NO. 96(FIN) "An Act                                                                             
making appropriations for the operating and capital expenses of the                                                             
state's integrated comprehensive mental health program; and providing                                                           
for an effective date" was engrossed, signed by the President and                                                               
Secretary and returned to the House for consideration.                                                                          
                                                                                                                                
                                                                                                                                
                                  Enrollment                                                                                 
                                                                                                                                
SB 45                                                                                                                         
HOUSE CS FOR CS FOR SENATE BILL NO. 45(JUD) "An Act                                                                             
relating to murder in the first degree" was enrolled, signed by the                                                             
President and Secretary, Speaker and Chief Clerk and the engrossed                                                              
and enrolled copies transmitted to the Office of the Governor at                                                                
3:52 p.m., April 17, 2007.                                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0884
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 10:00 a.m., April 20, 2007. Without                                                                  
objection, the Senate adjourned at 1:33 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    

2007-04-18                     Senate Journal                      Page 0885
                                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 19        Thursday                              Beltz 211         3:30 PM                                                 
+ SB 122 MUNICIPAL PROPERTY TAX EXEMPTION                                                                                       
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
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            2:00 PM                                                 
              -- Time Change --                                                                                                 
+= 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                                                                                  

2007-04-18                     Senate Journal                      Page 0886
                             FINANCE (continued)                                                                             
                                                                                                                                
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 18        Wednesday                             Beltz 211         2:00 PM                                                 
              -- Time Change --                                                                                                 
              -- 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                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 18        Wednesday                       Butrovich 205           1:45 PM                                                 
              -- Time Change --                                                                                                 
+= 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                                                                                  
                   ----------------------------------------                                                                    

2007-04-18                     Senate Journal                      Page 0887
                               LABOR & COMMERCE                                                                              
                                                                                                                                
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 18        Wednesday                       Butrovich 205           4:00 PM                                                 
              -- Time Change --                                                                                                 
+ 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                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
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 19        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              

2007-04-18                     Senate Journal                      Page 0888
                              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                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Apr 26        Thursday                   House Finance 519            8:00 AM                                                 
              Contracts and Other Committee Business                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                    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: Traditional Alaskan Healers"                                                                   
                                                                                                                                
                                                                                                                                

2007-04-18                     Senate Journal                      Page 0889
                          OTHER MEETINGS (continued)                                                                         
                                                                                                                                
                       JOINT LEGISLATIVE HEALTH CAUCUS                                                                       
                                                                                                                                
May 02        Wednesday                       Butrovich 205          12:00 PM                                                 
              "Week of the Uninsured: Alaska's Workforce"                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
May 14        Monday                       House Chamber            11:00 AM                                                  
  Confirmation of Governor's Appointees