Legislature(2007 - 2008)
2007-05-11 Senate Journal
Full Journal pdf2007-05-11 Senate Journal Page 1199 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday May 11, 2007 One Hundred Sixteenth Day Pursuant to adjournment the Senate was called to order by President Green at 11:19 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator McGuire. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Loving God, As our Legislature continues the work of the people of Alaska, with just a handful of days left in our deliberations, we ask that you not only bless our efforts and our hearts, but strengthen our wisdom, our reason, and our courage, to avoid judgment. Character and resolve are most often forged from the adversity we face in our lives and, Lord help us to channel that toward you. Bless our families, who support us in our endeavors. Bless our staff and all the people who tirelessly work to make our jobs easier. But for them, we would not move forward in the process. Lord - to all who execute authority for Alaskans, grant us understanding, integrity and most importantly, grace. 2007-05-11 Senate Journal Page 1200 In remembrance of the Breton's Fisherman's Prayer: Dear Lord, Be good to us. The sea is so wide. And our boats are so small. Amen. Senator Olson led the Senate in the Pledge of Allegiance. Certification Senator Stevens moved and asked unanimous consent that the journal for the one hundred fifteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated and received May 11 was read, stating in accordance with AS 39.05.080, I submit the following name for legislative confirmation of appointment to the position noted: University of Alaska Board of Regents William Andrews - Juneau Appointed: 6/1/2007 Term Expires: 5/31/2009 The appointment was referred to the Health, Education and Social Services Committee. The resume for this appointment has been submitted to the Offices of the Senate Secretary and the Chief Clerk. Standing Committee Reports SB 104 The Finance Committee considered SENATE BILL NO. 104 "An Act relating to the Alaska Gasline Inducement Act; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" and recommended it be replaced with 2007-05-11 Senate Journal Page 1201 CS FOR SENATE BILL NO. 104(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas, Dyson, Huggins, Olson. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Natural Resources Fiscal Note No. 3, Department of Revenue Fiscal Note No. 4, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 5, zero, Department of Administration Fiscal Note No. 6, Department of Natural Resources Fiscal Note No. 7, Department of Labor and Workforce Development The bill is on today's calendar. SB 144 The Finance Committee considered SENATE BILL NO. 144 "An Act relating to matching funds in state tourism marketing contracts with trade associations" and recommended the adoption of the State Affairs Committee Substitute offered on page 1110. Signing do pass: Senator Stedman, Cochair; Senators Thomas, Huggins. Signing no recommendation: Senator Hoffman, Cochair; Senators Elton, Dyson, Olson. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. 2007-05-11 Senate Journal Page 1202 HB 87 The Finance Committee considered CS FOR HOUSE BILL NO. 87(FIN) am "An Act relating to the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." Signing no recommendation: Senators Hoffman, Stedman, Cochairs; Senators Elton, Olson. Signing do pass: Senators Thomas, Dyson, Huggins. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Legislative Agency Fiscal Note No. 4, Department of Natural Resources The bill was referred to the Rules Committee. HB 184 The State Affairs Committee considered CS FOR HOUSE BILL NO. 184(FIN) "An Act relating to a commemorative troops license plate and to license plates available to disabled veterans; relating to mandatory motor vehicle insurance, license suspensions, mandatory impoundments of vehicles used in certain offenses, and notices relating to motor vehicles and driver's licenses; relating to registration of vehicles for disabled persons; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 184(STA) "An Act relating to a commemorative troops license plate and to license plates available to disabled veterans; relating to mandatory motor vehicle insurance, license suspensions, and notices relating to motor vehicles and driver's licenses; relating to registration of vehicles for disabled persons; relating to the anatomical gift awareness fund; and providing for an effective date." (Title Change SCR 7) Signing do pass: Senator McGuire, Chair; Senator Green. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, indeterminate, Department of Administration 2007-05-11 Senate Journal Page 1203 President Green added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. Special Committee Reports HB 171 The following report was received and distributed at 8:35 a.m., May 11: May 10, 2007 Madam President: Mr. Speaker: The Conference Committee with limited powers of free conference considered CS FOR HOUSE BILL NO. 171(STA) am and SENATE CS FOR CS FOR HOUSE BILL NO. 171(STA) and recommends CONFERENCE CS FOR HOUSE BILL NO. 171 "An Act relating to the date and time for convening regular legislative sessions, certain procedures of the legislature, the date for organizing the Legislative Budget and Audit Committee, and deadlines for certain matters or reports to be filed or delivered to the legislature or a legislative committee; prohibiting bonuses for legislative employees; and providing for an effective date." be adopted. Signing the report: Senator McGuire, Chair, Senator Stevens; Representative Coghill, Chair, Representatives Johnson, Gruenberg. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Office of the Governor Senator Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 171. 2007-05-11 Senate Journal Page 1204 The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 171 "An Act relating to the date and time for convening regular legislative sessions, certain procedures of the legislature, the date for organizing the Legislative Budget and Audit Committee, and deadlines for certain matters or reports to be filed or delivered to the legislature or a legislative committee; prohibiting bonuses for legislative employees; and providing for an effective date"?" The roll was taken with the following result: CCS HB 171 Shall the Senate adopt the Conference Committee Report? Effective Dates YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski Nays: Therriault, Wilken and so, the report was adopted. Senator Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. Introduction and Reference of Senate Resolutions SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 BY THE SENATE STATE AFFAIRS COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 184, relating to motor vehicles, license plates, and driver's licenses. was read the first time and held on the Secretary's desk. 2007-05-11 Senate Journal Page 1205 Consideration of the Calendar Second Reading of Senate Bills SB 104 SENATE BILL NO. 104 "An Act relating to the Alaska Gasline Inducement Act; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1200. Without objection, CS FOR SENATE BILL NO. 104(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" was adopted. Amendment No. 1 was not offered. 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. 104(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 104(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2007-05-11 Senate Journal Page 1206 CSSB 104(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken and so, CS FOR SENATE BILL NO. 104(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. Reconsideration of Senate Bills SB 104 Senator Stevens gave notice of reconsideration on CS FOR SENATE BILL NO. 104(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 104(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 104(FIN) Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2007-05-11 Senate Journal Page 1207 and so, CS FOR SENATE BILL NO. 104(FIN) passed the Senate on reconsideration. 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. Senator Stevens moved and asked unanimous consent that the Senate return to messages from the House. Without objection, the Senate returned to: Messages from the House Message dated May 11 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 177 CS FOR HOUSE BILL NO. 177(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act reimbursement fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." was read the first time and referred to the Finance Committee. 2007-05-11 Senate Journal Page 1208 Consideration of the Calendar Second Reading of Senate Bills (continued) SB 124 SENATE BILL NO. 124 "An Act relating to the allocation of money appropriated to the Alaska Workforce Investment Board; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1110. Without objection, CS FOR SENATE BILL NO. 124(FIN) "An Act relating to unemployment contributions for the Alaska technical and vocational education program and to the allocation of money appropriated to the Alaska Workforce Investment Board; and providing for an effective date" 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. 124(FIN) was read the third time. Senators Wilken, McGuire, Elton, Stedman, Hoffman, Stevens, Therriault, Ellis, Kookesh, Davis, French, Wagoner, Thomas, Dyson moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 124(FIN) "An Act relating to unemployment contributions for the Alaska technical and vocational education program and to the allocation of money appropriated to the Alaska Workforce Investment Board; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 124(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2007-05-11 Senate Journal Page 1209 and so, CS FOR SENATE BILL NO. 124(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. Second Reading of House Bills HB 220 CS FOR HOUSE BILL NO. 220(JUD) "An Act prohibiting computer- assisted remote hunting" was read the second time. Senator Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 220(JUD) was read the third time. Senators Elton, Wilken, Wielechowski, Stevens, Dyson, Green moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 220(JUD) "An Act prohibiting computer-assisted remote hunting" pass the Senate?" The roll was taken with the following result: CSHB 220(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken and so, CS FOR HOUSE BILL NO. 220(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. 2007-05-11 Senate Journal Page 1210 Recess Senator Stevens moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:43 p.m. After Recess The Senate reconvened at 3:47 p.m. Third Reading of Senate Bills SB 53 CS FOR SENATE BILL NO. 53(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; ratifying certain expenditures; and providing for an effective date" was read the third time. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Therriault offered Amendment No. 1 : Page 66, line 12: Delete "2,500,000" in both places Insert "5,000,000" in both places Page 94, following line 29: Insert "1052 Oil and Hazardous Substance Release Prevention and Response Fund" Conform total roll-up amounts in secs. 4, 5, and 6 of the bill. Senator Therriault moved for the adoption of Amendment No. 1. Senator Stevens objected. Senator Therriault moved and asked unanimous consent to withdraw Amendment No. 1. Without objection, it was so ordered. 2007-05-11 Senate Journal Page 1211 CS FOR SENATE BILL NO. 53(FIN) was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 53(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; ratifying certain expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 53(FIN) Third Reading - Final Passage Effective Dates 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, CS FOR SENATE BILL NO. 53(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. Without objection, it was so ordered. Senator Stevens gave notice of reconsideration. Senator Olson moved and asked unanimous consent that the Senate return to introduction of guests. Without objection, the Senate returned to: Introduction of Guests Messages from the House Message dated May 11 was read, stating the House passed and transmitted for consideration: 2007-05-11 Senate Journal Page 1212 First Reading and Reference of House Resolutions HJR 17 HOUSE JOINT RESOLUTION NO. 17 am BY REPRESENTATIVES JOHNSON, Johansen, Ramras, Lynn, Thomas, Encouraging Coeur Alaska, Inc., to pursue all legal options to resolve the issues presented in Southeast Alaska Conservation Council v. United States Army Corps of Engineers on behalf of itself and consistent with the state's efforts to enforce its rights as a state over its resources. was read the first time and referred to the Resources Committee. HJR 21 CS FOR HOUSE JOINT RESOLUTION NO. 21(RES) BY THE HOUSE RESOURCES COMMITTEE, Opposing the designation of any area in the state as a world heritage site, biosphere reserve, or any other type of international designation without the consent of the Alaska State Legislature and affected local governments; and urging the United States Congress to enact legislation to require congressional approval before an area in the United States may be considered for an international designation. was read the first time and referred to the Resources Committee. Standing Committee Reports HB 67 The Community and Regional Affairs Committee considered CS FOR HOUSE BILL NO. 67(FIN) am "An Act relating to a mandatory exemption from municipal property taxes for certain college property, to a mandatory exemption from municipal property taxes for residences of certain widows or widowers, and to optional exemptions 2007-05-11 Senate Journal Page 1213 from municipal property taxes for property of certain fraternal organizations and for certain residences of law enforcement officers; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 67(CRA) "An Act relating to a mandatory exemption from municipal property taxes for residences of certain widows or widowers, and to optional exemptions from municipal property taxes for property of certain fraternal organizations, for certain college property, and for certain residential property; and providing for an effective date." (Title change SCR 8) Signing do pass: Senator Olson, Chair; Senator Thomas. Signing no recommendation: Senators Wagoner, Stevens, Kookesh. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. HB 90 The Judiciary Committee considered CS FOR HOUSE BILL NO. 90(FIN) "An Act relating to credit toward service of a sentence of imprisonment; relating to violation of probation and parole conditions by sex offenders; relating to bail; relating to distribution of certain materials to minors; relating to time limitations for prosecution of certain crimes; relating to sex offender registration; relating to the maximum time for probation; relating to certain post-conviction relief applications; relating to good time; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 90(JUD) "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's 2007-05-11 Senate Journal Page 1214 licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license or card; relating to the information contained on driver's licenses; requiring the surrender and cancellation of driver's licenses and identification cards under certain circumstances; relating to the reporting of certain crimes; relating to prostitution; relating to the DNA registration system; relating to credit toward service of a sentence of imprisonment; relating to violation of probation and parole conditions by sex offenders; relating to bail; relating to distribution of certain materials to minors; relating to time limitations for prosecution of certain crimes; relating to sex offender registration; relating to the maximum time for probation; relating to certain post- conviction relief applications; relating to good time; and providing for an effective date." (Title change SCR 9) Signing do pass: Senator French, Chair; Senators Therriault, Wielechowski, McGuire. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, indeterminate, Department of Administration Fiscal Note No. 4, indeterminate, Department of Administration Fiscal Note No. 7, indeterminate, Department of Corrections The bill was referred to the Finance Committee. HB 110 The Finance Committee considered CS FOR HOUSE BILL NO. 110(L&C) "An Act amending the powers and duties of the legislative audit division regarding the Regulatory Commission of Alaska; amending annual report requirements for the Regulatory Commission of Alaska; extending the termination date for the Regulatory Commission of Alaska; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas, Dyson, Huggins. 2007-05-11 Senate Journal Page 1215 The following previously published fiscal information applies: Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 209 The Finance Committee considered CS FOR HOUSE BILL NO. 209(JUD) "An Act relating to the chair of the Regulatory Commission of Alaska and amending the timeline requirements for a final order of the commission; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 209(FIN) "An Act amending the timeline requirements for a final order of the Regulatory Commission of Alaska; and providing for an effective date." (Title change SCR 10) Signing no recommendation: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas. Signing do pass: Senators Dyson, Huggins. The following fiscal information was published today: Fiscal Note No. 4, indeterminate, Department of Law Fiscal information forthcoming. The bill was referred to the Rules Committee. HJR 23 The Health, Education and Social Services Committee considered HOUSE JOINT RESOLUTION NO. 23 Supporting the reuse of facilities at the Galena Air Base to provide regional educational services. Signing do pass: Senator Davis, Chair; Senators Elton, Thomas. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House State Affairs Committee The resolution was referred to the Rules Committee. 2007-05-11 Senate Journal Page 1216 HCR 6 The Senate Special Committee on Education considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES) Relating to civics education and a citizens' advisory task force, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(SED) Signing do pass: Senator Stevens, Chair; Senators Huggins, Davis. The following fiscal information was published today: Fiscal Note No. 2, Department of Education and Early Development The following previously published fiscal information applies: Fiscal Note No. 1, Legislative Agency The resolution was referred to the Finance Committee. HCR 8 The Finance Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 8(L&C) Establishing a legislative task force to make recommendations regarding job descriptions and salary changes for the commissioners and support staff and the possible need for additional support staff of the Regulatory Commission of Alaska. Signing no recommendation: Senators Hoffman, Stedman, Cochairs. Signing do pass: Senators Elton, Dyson, Huggins, Thomas. The following previously published fiscal information applies: Fiscal Note No. 1, Legislative Agency The resolution was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, 2007-05-11 Senate Journal Page 1217 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 67, relating to a mandatory exemption from municipal property taxes for certain college property, to a mandatory exemption from municipal property taxes for residences of certain widows or widowers, and to optional exemptions from municipal property taxes for property of certain fraternal organizations and for certain residences of law enforcement officers. was read the first time and held on the Secretary's desk. Introduction and Reference of Senate Bills SB 177 SENATE BILL NO. 177 BY SENATOR ELTON, entitled: "An Act raising the pay range for the position of chief procurement officer of the state; and providing for an effective date." was read the first time and referred to the Finance Committee. Consideration of the Calendar Third Reading of House Bills HB 229 HOUSE BILL NO. 229 am "An Act authorizing the Alaska Railroad Corporation to participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, or operation of real and personal property, including facilities and equipment, for the Kenai gasification project and Port MacKenzie rail link, authorizing the corporation to issue bonds to finance all or a portion of the project, and identifying these as bonds for an essential public and governmental purpose; and providing for an effective date" was read the third time. 2007-05-11 Senate Journal Page 1218 Senator Stevens moved that the bill be returned to second reading for the purpose of a specific amendment, that being SENATE CS FOR HOUSE BILL NO. 229(FIN). Without objection, the bill was returned to second reading. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1177. Without objection, SENATE CS FOR HOUSE BILL NO. 229(FIN) was adopted. SENATE CS FOR HOUSE BILL NO. 229(FIN) was automatically in third reading. Senator Wagoner moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Wagoner offered Amendment No. 1 : Page 2, line 19, following "transported": Delete "by rail" Page 2, line 19, following "Healy": Delete "to Port McKenzie and by barge" Senator Wagoner moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. SENATE CS FOR HOUSE BILL NO. 229(FIN) am S was automatically in third reading. Senator Wilken moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Wilken offered Amendment No. 2 : 2007-05-11 Senate Journal Page 1219 Page 3, following line 17: Insert a new subsection to read: "(d) If financing of all or a portion of the project described in (b) of this section includes the use of state funds, before expending any state funds for the project, the corporation shall submit, and the legislature shall approve by law, the financing plan for the project." Page 4, line 10, following "this Act,": Insert "and the financing plan approval requirement of AS 42.40.570(d), added by sec. 2 of this Act, for the financing of all or a portion of the project described in AS 42.40.570(b), added by sec. 2 of this Act, if applicable," Senator Wilken moved for the adoption of Amendment No. 2. Senator Stevens objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS HB 229(FIN) am S Second Reading Amendment No. 2 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wilken Nays: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, Amendment No. 2 failed. SENATE CS FOR HOUSE BILL NO. 229(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 229(FIN) am S "An Act authorizing the Alaska Railroad Corporation to participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, or operation of real and personal property, including facilities and equipment, for the Kenai 2007-05-11 Senate Journal Page 1220 gasification project and Port MacKenzie rail link, authorizing the corporation to issue bonds to finance all or a portion of the project, and identifying these as bonds for an essential public and governmental purpose; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 229(FIN) am S Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner Nays: French, Therriault, Wielechowski, Wilken and so, SENATE CS FOR HOUSE BILL NO. 229(FIN) am S 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. Citations Honoring - Kikkan Randall Representative(s) Crawford Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Homer High School Lady Mariners Softball Team Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2007-05-11 Senate Journal Page 1221 Honoring - Dave Brann Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Patti Morris Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Cook Inletkeeper Representative(s) Seaton Senator(s) Stevens, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Kookesh, McGuire, Olson, Thomas, Wielechowski In Memoriam - Stanley Joseph Huhndorf Sr. Senator(s) Wagoner, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wielechowski, Wilken Representative(s) Chenault In Memoriam - Richard Benner Representative(s) Crawford Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Candice "Candy" Lynette Perry Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Rita Marie McBride Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2007-05-11 Senate Journal Page 1222 In Memoriam - Anderson W. "Bill" Johnson Jr. Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Arthur M. Kolar Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Eugene V. Browning Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Pearl Elizabeth "Betty" Saling Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Joanne (Kyllonen) Graham Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Davis, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived in order to hold a Health, Education and Social Services Committee at 5:00 p.m. to consider the following appointment (page 1200): 2007-05-11 Senate Journal Page 1223 University of Alaska Board of Regents William Andrews - Juneau Without objection, it was so ordered. HB 177 Senator Stedman, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on CS FOR HOUSE BILL NO. 177(FIN) am "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act reimbursement fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" for a 6:00 p.m. Finance Committee meeting on May 11. Without objection, it was so ordered. HB 186 President Green added a State Affairs Committee referral to CS FOR HOUSE BILL NO. 186(FSH) "An Act relating to sharing with certain federal agencies records required of sport fishing guides; and providing for an effective date." The bill was referred to the State Affairs Committee. Senator McGuire, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on the bill for the State Affairs Committee meeting on May 12. Without objection, it was so ordered. Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, July 22 through evening plane time, August 6; and from morning plane time, December 10 through evening plane time, December 17. Without objection, Senator Stedman was excused. Senator Wilken moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, August 6 through plane time, August 13. Without objection, Senator Wilken was excused. 2007-05-11 Senate Journal Page 1224 HB 220 Senator McGuire moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 220(JUD) "An Act prohibiting computer-assisted remote hunting." Without objection, it was so ordered. HB 205 Senator French, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 205(FIN) "An Act relating to real estate broker and real estate salesperson licensing; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. HB 152 Senator Thomas moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 152(FIN) "An Act establishing a renewable energy project account and a renewable energy fund and describing their uses and purposes." Without objection, it was so ordered. HB 109 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) am S "An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; denying public employee retirement pension benefits to certain legislators, legislative directors, and public officers who commit certain offenses, and adding to the duties of the Alaska Retirement Management Board and to the list of matters governed by the Administrative Procedure Act concerning that denial; relating to campaign financing and ethics, including disclosures, in state and municipal government, to lobbying, and to employment, service on boards, and disclosures by certain public officers and employees who leave state or municipal service or leave certain positions in state or municipal government; restricting representation of others by legislators; relating to blind trusts approved by the Alaska Public Offices Commission; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 2007-05-11 Senate Journal Page 1225 Announcements Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Announcements are at the end of the journal. Engrossment SB 104 CS FOR SENATE BILL NO. 104(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 124 CS FOR SENATE BILL NO. 124(FIN) "An Act relating to unemployment contributions for the Alaska technical and vocational education program and to the allocation of money appropriated to the Alaska Workforce Investment Board; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 109 SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) am S "An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; denying public employee retirement pension benefits to certain legislators, legislative directors, and public officers who commit certain offenses, and adding to the duties of the Alaska Retirement Management Board and to the list of matters governed by the Administrative Procedure Act concerning that denial; relating to campaign financing and ethics, including disclosures, in state and municipal government, to lobbying, and to employment, service on boards, and disclosures by certain public officers and employees who leave state or municipal service or leave certain positions in state or 2007-05-11 Senate Journal Page 1226 municipal government; restricting representation of others by legislators; relating to blind trusts approved by the Alaska Public Offices Commission; and providing for an effective date" was engrossed. HB 229 SENATE CS FOR HOUSE BILL NO. 229(FIN) am S "An Act authorizing the Alaska Railroad Corporation to participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, or operation of real and personal property, including facilities and equipment, for the Kenai gasification project and Port MacKenzie rail link, authorizing the corporation to issue bonds to finance all or a portion of the project, and identifying these as bonds for an essential public and governmental purpose; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 12, 2007. Without objection, the Senate adjourned at 5:01 p.m. Kirsten Waid Secretary of the Senate 2007-05-11 Senate Journal Page 1227 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 FINANCE May 11 Friday Senate Finance 532 9:00 AM += SB 104 NATURAL GAS PIPELINE PROJECT + HB 87 CITIZEN ADVISORY COMM ON FEDERAL AREAS += SB 144 TOURISM CONTRACT MATCHING FUNDS += HB 162 MORTGAGE LENDING + Bills Previously Heard/Scheduled May 11 Friday Senate Finance 532 1:30 PM -- Recessed to 6:00 pm -- + HB 110 EXTEND REGULATORY COMMISSION OF ALASKA + HB 209 REGULATORY COMMISSION OF ALASKA + HCR 8 RCA TASK FORCE + Bills Previously Heard/Scheduled May 11 Friday Senate Finance 532 6:00 PM + HB 177 NATURAL GAS PIPELINE PROJECT Uniform Rule 23 Waived + Bills Previously Heard/Scheduled May 12 Saturday Senate Finance 532 9:00 AM += HB 177 NATURAL GAS PIPELINE PROJECT <As Necessary> + HCR 6 CIVICS EDUC/ CITIZENS ADVISORY TASK FORCE + HB 113 OPTOMETRISTS' USE OF PHARMACEUTICALS + HB 90 CRIMES/CRIM PROCEDURE/SENTENCING += HB 162 MORTGAGE LENDING + HB 166 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS + Bills Previously Heard/Scheduled ---------------------------------------- 2007-05-11 Senate Journal Page 1228 HEALTH, EDUCATION & SOCIAL SERVICES May 11 Friday Butrovich 205 1:30 PM -- Note Schedule Change -- HJR 23 REUSE GALENA AIR BASE May 11 Friday Butrovich 205 5:00 PM -- Immediately Following Session -- Confirmation Hearing: University of Alaska Board of Regents William Andrews Uniform Rule 23 Waived ---------------------------------------- JUDICIARY May 11 Friday Beltz 211 1:30 PM -- Time Change -- HB 217 TOURISM DISCLOSURES AND NOTICES + Bills Previously Heard/Scheduled May 12 Saturday Butrovich 205 2:00 PM + SB 168 PASSENGER VESSEL TAX CREDIT ---------------------------------------- RESOURCES May 11 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled May 12 Saturday Fahrenkamp 203 1:00 PM + HJR 21 OPPOSE UN LAND DESIGNATIONS IN ALASKA -- Testimony <Time Limit May Be Set> -- HJR 17 KENSINGTON MINE APPEAL -- Testimony <Time Limit May Be Set> -- Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS May 12 Saturday Beltz 211 1:00 PM + HB 151 INDEMNITY CLAUSE IN PUBLIC CONTRACTS + HJR 22 DENOUNCE SALE OF "RAPIST" DOLL + HB 45 STATE VETERANS' CEMETERY & FUND + Bills Previously Heard/Scheduled HB 186 SPORT FISHING GUIDE RECORDS Uniform Rule 23 Waived 2007-05-11 Senate Journal Page 1229 SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION May 11 Friday Butrovich 205 8:00 AM = SCR 5 CIVICS EDUC/ CITIZENS ADVISORY TASK FORCE Bills Previously Heard/Scheduled HCR 6 CIVICS EDUC/ CITIZENS ADVISORY TASK FORCE ---------------------------------------- OTHER MEETINGS JOINT SESSION May 14 Monday House Chamber 11:00 AM Confirmation of Governor's Appointees