Legislature(2007 - 2008)

2007-05-13 Senate Journal

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2007-05-13                     Senate Journal                      Page 1265
                                                                                                                                
                                         SENATE JOURNAL                                                                      
                                                                                                                                
                                    ALASKA STATE LEGISLATURE                                                                 
                                                                                                                                
                                    TWENTY-FIFTH LEGISLATURE                                                                 
                                                                                                                                
                                          FIRST SESSION                                                                      
                                                                                                                                
Juneau, Alaska                                   Sunday                                May 13, 2007                            
                                                                                                                                
                                   One Hundred Eighteenth Day                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 3:53 p.m.                                                                                                              
                                                                                                                                
The roll showed nineteen members present. Senator Hoffman was                                                                   
absent.                                                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Senator Wielechowski.                                                                   
Senator Wilken moved and asked unanimous consent that the prayer                                                                
be spread. Without objection, it was so ordered.                                                                                
                                                                                                                                
   Respecting the beliefs of all, I offer this Mothers' Day prayer:                                                             
                                                                                                                                
   God our Creator, we pray:                                                                                                    
   for new mothers, coming to terms with new responsibility;                                                                    
   for expectant mothers, wondering and waiting;                                                                                
   for those who are tired, stressed or depressed;                                                                              
   for those who struggle to balance the tasks of work and family;                                                              
   for those who are unable to feed their children due to poverty;                                                              
   for those who raise children on their own;                                                                                   
   for those who have lost a child;                                                                                             
   for those who care for the children of others;                                                                               
   for those whose children have left home;                                                                                     
   and for those whose desire to be a mother has not been fulfilled.                                                            
   Bless all mothers, that their love may be deep and tender,                                                                   
   and that they may lead their children to know and do what is                                                                 
   good.                                                                                                                        
                                                                                               Amen.                            
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1266
Senator Therriault led the Senate in the Pledge of Allegiance.                                                                  
                                                                                                                                
                                                                                                                                
                                          Certification                                                                      
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journal                                                              
for the one hundred seventeenth legislative day be approved as                                                                  
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                                     Messages from the House                                                                 
                                                                                                                                
SJR 3                                                                                                                         
Message dated May 12 was read, stating the House passed and                                                                     
returned:                                                                                                                       
                                                                                                                                
             SENATE JOINT RESOLUTION NO. 3 Relating to                                                                          
             the effect of Medicare rates on senior citizens' access                                                            
             to healthcare; and urging the United States Congress                                                               
             to increase Medicare rates for Alaska.                                                                             
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
SB 85                                                                                                                         
Message dated May 12 was read, stating the House passed and                                                                     
returned:                                                                                                                       
                                                                                                                                
                            SENATE BILL NO. 85 "An Act extending the                                                           
                        termination date for the State Medical Board; and                                                      
             providing for an effective date."                                                                                  
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 141                                                                                                                        
Message dated May 12 was read, stating the House passed and                                                                     
returned:                                                                                                                       
                                                                                                                                
                         SENATE BILL NO. 141 "An Act relating to limited                                                       
             liability companies."                                                                                              
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1267
                                   Standing Committee Reports                                                                
                                                                                                                                
SB 168                                                                                                                        
The Judiciary Committee considered SENATE BILL NO. 168 "An                                                                      
Act providing a credit for the payment of certain municipal passenger                                                           
taxes or fees against the excise tax on travel aboard commercial                                                                
passenger vessels; and providing for an effective date." Signing do not                                                         
pass: Senator French, Chair; Senator Wielechowski. Signing no                                                                   
recommendation: Senator Therriault.                                                                                             
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, indeterminate, Department of Revenue                                                                        
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 209                                                                                                                        
Forthcoming fiscal note (page 1215) for the Finance Senate                                                                      
Committee Substitute 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" was published today:                                                                                                      
 Fiscal Note No. 5, Department of Commerce, Community and                                                                       
      Economic Development                                                                                                      
                                                                                                                                
                                                                                                                                
                                  Consideration of the Calendar                                                              
                                                                                                                                
                                  Second Reading of House Bills                                                              
                                                                                                                                
HB 90                                                                                                                         
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" was read the second time.                                                                      
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1268
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 1248. Senator Therriault objected.                                                                                         
                                                                                                                                
The presence of Senator Hoffman was noted.                                                                                      
                                                                                                                                
HB 90                                                                                                                         
The question being: "Shall the Finance Senate Committee Substitute                                                              
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
CSHB 90(FIN)                                                                                                                    
Second Reading                                                                                                                  
Adopt Finance Senate Committee Substitute?                                                                                      
                                                                                                                                
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. 90(FIN) was                                                                         
adopted.                                                                                                                        
                                                                                                                                
Senator McGuire offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 1, line 1, following "An Act":                                                                                           
       Insert "relating to the reporting of certain crimes;"                                                                  
                                                                                                                                
Page 4, following line 26:                                                                                                      
       Insert a new bill section to read:                                                                                       
"* Sec. 5. AS 11.56 is amended by adding a new section to read:                                                               
                       Sec. 11.56.767. Failure to report a violent crime                                                      
             committed against an adult. (a) A person, other than the                                                         
             victim, commits the crime of failure to report a violent crime                                                     
             committed against an adult if the person, under circumstances                                                      
             not requiring the person to report as required by                                                                  
             AS 11.56.765,                                                                                                      
                                 (1)  witnesses what the person knows or                                                        
             reasonably should know is                                                                                          
                                              (A)  the murder or attempted murder of a                                          
                          person by another;                                                                                    

2007-05-13                     Senate Journal                      Page 1269
                                              (B)  the kidnapping or attempted                                                  
                              kidnapping of a person by another; or                                                            
                                              (C)  the sexual penetration or attempted                                          
                          sexual penetration by another                                                                         
                                                           (i)  of a person without consent                                     
                                       of the person;                                                                           
                                                           (ii)  of a person who is mentally                                    
                                       incapable;                                                                               
                                                           (iii)  of a person who is                                            
                                       incapacitated; or                                                                        
                                                           (iv)  of a person who is unaware                                     
                                       that a sexual act is being committed; and                                                
                                 (2)  does not, as soon as reasonably practicable,                                              
             report that crime to a peace officer or law enforcement                                                            
             agency.                                                                                                            
                       (b)  In a prosecution under this section, it is an                                                       
             affirmative defense that the defendant                                                                             
                                 (1)  did not report as soon as reasonably                                                      
             practicable because the defendant reasonably believed that                                                         
                                              (A)  doing so would have exposed the                                              
                          defendant or others to a substantial risk of physical                                                 
                          injury; or                                                                                            
                                              (B)  effective assistance was already                                             
                              being provided by another person; or                                                             
                                       (2)  acted to stop the commission of the                                                 
             crime and stopped                                                                                                  
                                              (A)  the commission of the crime; or                                              
                                              (B)  the completion of the crime being                                            
                          attempted.                                                                                            
                    (c)  In this section,                                                                                       
                             (1)  "incapacitated" has the meaning given in                                                      
             AS 11.41.470;                                                                                                      
                             (2)  "mentally incapable" has the meaning given in                                                 
             AS 11.41.470;                                                                                                      
                             (3)  "sexual act" has the meaning given in                                                         
             AS 11.41.470;                                                                                                      
                             (4)  "without consent" has the meaning given in                                                    
             AS 11.41.470.                                                                                                      
                    (d)  Failure to report a violent crime committed against an                                                 
             adult is a violation."                                                                                             

2007-05-13                     Senate Journal                      Page 1270
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 19, line 4:                                                                                                                
       Delete "sec. 19"                                                                                                         
       Insert "sec. 20"                                                                                                         
                                                                                                                                
Page 19, line 5:                                                                                                                
       Delete "sec. 19"                                                                                                         
       Insert "sec. 20"                                                                                                         
                                                                                                                                
Page 19, line 7, following "Act,":                                                                                              
       Insert "AS 11.56.767, added by sec. 5 of this Act,"                                                                      
                                                                                                                                
Page 19, line 8:                                                                                                                
       Delete "secs. 5 and 17"                                                                                                  
       Insert "secs. 6 and 18"                                                                                                  
                                                                                                                                
Page 19, line 9:                                                                                                                
       Delete "secs. 4, 5, and 17"                                                                                              
       Insert "secs. 4 - 6 and 18"                                                                                              
                                                                                                                                
Page 19, line 10:                                                                                                               
       Delete "sec. 24"                                                                                                         
       Insert "sec. 25"                                                                                                         
                                                                                                                                
Page 19, line 11:                                                                                                               
       Delete "sec. 24"                                                                                                         
       Insert "sec. 25"                                                                                                         
                                                                                                                                
Page 19, line 12:                                                                                                               
       Delete "sec. 24"                                                                                                         
       Insert "sec. 25"                                                                                                         
                                                                                                                                
Page 19, line 14:                                                                                                               
       Delete "Sections 7 - 16, 20, and 22"                                                                                     
       Insert "Sections 8 - 17, 21, and 23"                                                                                     
                                                                                                                                
Page 19, line 15:                                                                                                               
       Delete "secs. 7 - 16, 20, and 22"                                                                                        
       Insert "secs. 8 - 17, 21, and 23"                                                                                        
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1271
Page 19, line 16:                                                                                                               
       Delete "25 - 29"                                                                                                         
       Insert "26 - 30"                                                                                                         
                                                                                                                                
Page 19, line 17:                                                                                                               
       Delete "Section 34"                                                                                                      
       Insert "Section 35"                                                                                                      
                                                                                                                                
Page 19, line 18:                                                                                                               
       Delete "secs. 36 and 37"                                                                                                 
       Insert "secs. 37 and 38"                                                                                                 
                                                                                                                                
Senator McGuire moved for the adoption of Amendment No. 1.                                                                      
Senator Therriault objected.                                                                                                    
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 90(FIN)                                                                                                                
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Absent:  Kookesh                                                                                                                
                                                                                                                                
and so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the bill be                                                              
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 90(FIN) am S was                                                                            
read the third time.                                                                                                            
                                                                                                                                
Senators Wielechowski, Elton, Stedman, Cowdery, Olson, Ellis,                                                                   
Kookesh, Davis, French, Wagoner, Thomas, Huggins, Stevens moved                                                                 
and asked unanimous consent to be shown as cross sponsors on the                                                                
bill. Without objection, it was so ordered.                                                                                     

2007-05-13                     Senate Journal                      Page 1272
The question being: "Shall SENATE CS FOR CS HOUSE BILL NO.                                                                      
90(FIN) am S "An Act relating to the reporting of certain crimes;                                                               
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 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                                                                   
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" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
SCS CSHB 90(FIN) am S                                                                                                           
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
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, SENATE CS FOR CS FOR HOUSE BILL NO. 90(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                                                            
clauses. Without objection, it was so ordered and the bill was referred                                                         
to the Secretary for engrossment.                                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1273
SCR 9                                                                                                                         
Senator Stevens moved and asked unanimous consent that SENATE                                                                   
CONCURRENT RESOLUTION NO. 9 Suspending Rules 24(c), 35,                                                                         
41(b), and 42(e), Uniform Rules of the Alaska State Legislature,                                                                
concerning House Bill No. 90, relating to criminal activity and                                                                 
criminal law and procedure, which had been held on the Secretary's                                                              
desk (page 1238), be taken up. Without objection, it was so ordered.                                                            
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 9 was read the second                                                                          
time and was before the Senate on final passage.                                                                                
                                                                                                                                
The question being: "Shall SENATE CONCURRENT RESOLUTION                                                                         
NO. 9 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                            
the Alaska State Legislature, concerning House Bill No. 90, relating to                                                         
criminal activity and criminal law and procedure, pass the Senate?"                                                             
The roll was taken with the following result:                                                                                   
                                                                                                                                
SCR 9                                                                                                                           
Second 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, SENATE CONCURRENT RESOLUTION NO. 9 passed the                                                                           
Senate and was referred to the Secretary for engrossment.                                                                       
                                                                                                                                
HB 118                                                                                                                        
CS FOR HOUSE BILL NO. 118(RLS) "An Act relating to underage                                                                     
possession of alcoholic beverages in a dwelling" was read the second                                                            
time.                                                                                                                           
                                                                                                                                
Senator French, Chair, moved and asked unanimous consent for the                                                                
adoption of the Judiciary Senate Committee Substitute offered on page                                                           
1235. Senator Therriault objected, then withdrew his objection. There                                                           
being no further objection, SENATE CS FOR CS FOR HOUSE BILL                                                                     
NO. 118(JUD) was adopted.                                                                                                       
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1274
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. 118(JUD) was read                                                                           
the third time.                                                                                                                 
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 118(JUD) "An Act relating to underage possession of alcoholic                                                               
beverages in a dwelling" pass the Senate?" The roll was taken with the                                                          
following result:                                                                                                               
                                                                                                                                
SCS CSHB 118(JUD)                                                                                                               
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                                               
Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault,                                                                 
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Absent:  Stedman                                                                                                                
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 118(JUD)                                                                            
passed the Senate and was referred to the Secretary for engrossment.                                                            
                                                                                                                                
HB 162                                                                                                                        
CS FOR HOUSE BILL NO. 162(L&C) "An Act relating to mortgage                                                                     
lenders, mortgage brokers, mortgage originators, state agents who                                                               
collect program administration fees, and other persons who engage in                                                            
activities relating to mortgage lending; relating to mortgage loan                                                              
activities; relating to an originator fund; relating to fees for mortgage                                                       
loan transactions; making certain violations unfair trade practices;                                                            
relating to persons who are licensed under the Alaska Small Loans                                                               
Act; and providing for an effective date" was read the second time.                                                             
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 1236. Without objection, SENATE CS FOR CS FOR HOUSE                                                                        
BILL NO. 162(FIN) was adopted.                                                                                                  
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1275
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. 162(FIN) was read the                                                                       
third time.                                                                                                                     
                                                                                                                                
Senators Huggins, Wielechowski, Thomas moved and asked                                                                          
unanimous consent to be shown as cross sponsors on the bill. Without                                                            
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 162(FIN) "An Act relating to mortgage lenders, mortgage                                                                     
brokers, mortgage originators, state agents who collect program                                                                 
administration fees, and other persons who engage in activities relating                                                        
to mortgage lending; relating to mortgage loan activities; relating to an                                                       
originator fund; relating to fees for mortgage loan transactions;                                                               
making certain violations unfair trade practices; relating to persons                                                           
who are licensed under the Alaska Small Loans Act; and providing for                                                            
an effective date" pass the Senate?" The roll was taken with the                                                                
following result:                                                                                                               
                                                                                                                                
SCS CSHB 162(FIN)                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
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, SENATE CS FOR CS FOR HOUSE BILL NO. 162(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 and the bill was referred                                                         
to the Secretary for engrossment.                                                                                               
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1276
HB 177                                                                                                                        
President Green stated 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" will be on the May 14 calendar.                                                                
Without objection, it was so ordered.                                                                                           
                                                                                                                                
HB 217                                                                                                                        
CS FOR HOUSE BILL NO. 217(JUD) "An Act relating to required                                                                     
onboard disclosures about promotions, tours, flightseeing operations,                                                           
other shoreside activities, shoreside vendors, and visitors bureaus; and                                                        
providing for an effective date" 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. 217(JUD) was read the third time.                                                                         
                                                                                                                                
Senator Elton moved and asked unanimous consent to be shown as a                                                                
cross sponsor on the bill. Without objection, it was so ordered.                                                                
                                                                                                                                
The question being: "Shall CS FOR HOUSE BILL NO. 217(JUD) "An                                                                   
Act relating to required onboard disclosures about promotions, tours,                                                           
flightseeing operations, other shoreside activities, shoreside vendors,                                                         
and visitors bureaus; and providing for an effective date" pass the                                                             
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
CSHB 217(JUD)                                                                                                                   
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 HOUSE BILL NO. 217(JUD) passed the Senate.                                                                       

2007-05-13                     Senate Journal                      Page 1277
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 signed by                                                         
the President and Secretary and returned to the House.                                                                          
                                                                                                                                
                                                                                                                                
                               Second Reading of House Resolutions                                                           
                                                                                                                                
HJR 15                                                                                                                        
President Green stated CS FOR HOUSE JOINT RESOLUTION NO.                                                                        
15(STA) Supporting the passage of a Filipino Veterans Equity Act and                                                            
a Filipino Veterans Family Reunification Act, will be on the May 14                                                             
calendar. Without objection, it was so ordered.                                                                                 
                                                                                                                                
HJR 22                                                                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Denouncing                                                                            
the National Entertainment Collectibles Association's production of                                                             
the Rapist No. 1 collectible doll, was read the second time.                                                                    
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the                                                                      
resolution be advanced to third reading and placed on final passage.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) was read the                                                                          
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                                                        
NO. 22(RLS) Denouncing the National Entertainment Collectibles                                                                  
Association's production of the Rapist No. 1 collectible doll, pass the                                                         
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
CSHJR 22(RLS)                                                                                                                   
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                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1278
and so, CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) passed                                                                        
the Senate, was signed by the President and Secretary and returned to                                                           
the House.                                                                                                                      
                                                                                                                                
HJR 23                                                                                                                        
HOUSE JOINT RESOLUTION NO. 23 Supporting the reuse of                                                                           
facilities at the Galena Air Base to provide regional educational                                                               
services, was read the second time.                                                                                             
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the                                                                      
resolution be advanced to third reading and placed on final passage.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 23 was read the third time.                                                                          
                                                                                                                                
Senator Dyson moved and asked unanimous consent to be shown as a                                                                
cross sponsor on the resolution. Without objection, it was so ordered.                                                          
                                                                                                                                
The question being: "Shall HOUSE JOINT RESOLUTION NO. 23                                                                        
Supporting the reuse of facilities at the Galena Air Base to provide                                                            
regional educational services, pass the Senate?" The roll was taken                                                             
with the following result:                                                                                                      
                                                                                                                                
HJR 23                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  16   NAYS:  3   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman,                                                             
Huggins, McGuire, Olson, Stedman, Stevens, Therriault, Thomas,                                                                  
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Green, Wagoner, Wilken                                                                                                   
                                                                                                                                
Absent:  Kookesh                                                                                                                
                                                                                                                                
and so, HOUSE JOINT RESOLUTION NO. 23 passed the Senate,                                                                        
was signed by the President and Secretary and returned to the House.                                                            
                                                                                                                                
HCR 6                                                                                                                         
CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES)                                                                                   
Relating to civics education and a citizens' advisory task force, was                                                           
read the second time.                                                                                                           
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1279
Senator Stevens, Chair, moved and asked unanimous consent for the                                                               
adoption of the Senate Special Committee on Education Senate                                                                    
Committee Substitute offered on page 1216. Without objection,                                                                   
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                                                
NO. 6(SED) was adopted and was before the Senate on final passage.                                                              
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                                                           
CONCURRENT RESOLUTION NO. 6(SED) Relating to civics                                                                             
education and a citizens' advisory task force, pass the Senate?" The                                                            
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHCR 6(SED)                                                                                                                
Second Reading - Final Passage                                                                                                  
                                                                                                                                
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman,                                                             
Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas,                                                                  
Wagoner, Wielechowski, Wilken                                                                                                   
                                                                                                                                
Nays:  Green, Huggins                                                                                                           
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE CONCURRENT                                                                                   
RESOLUTION NO. 6(SED) passed the Senate and was referred to the                                                                 
Secretary for engrossment.                                                                                                      
                                                                                                                                
                                                                                                                                
                                            Citations                                                                        
                                                                                                                                
In Memoriam - George Raymond Horner                                                                                             
Senator(s) Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                  
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Stevens, Therriault, Wagoner, Wielechowski, Wilken                                                                              
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the citation                                                             
be adopted. Without objection, the citation was adopted and referred to                                                         
the Secretary for transmittal.                                                                                                  
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
return to messages from the House. Without objection, the Senate                                                                
returned to:                                                                                                                    
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1280
                                     Messages from the House                                                                 
                                                                                                                                
                                         Concur Messages                                                                     
                                                                                                                                
SB 100                                                                                                                        
Message dated May 13 was read, stating the House passed and                                                                     
returned for consideration CS FOR SENATE BILL NO. 100(FIN)                                                                      
"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" with the following                                                                 
amendment:                                                                                                                      
                                                                                                                                
                               HOUSE CS FOR CS FOR SENATE BILL NO.                                                             
             100(HES)                                                                                                           
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendment.                                                                                                                      
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS CSSB 100(HES)                                                                                                               
Shall the Senate Concur in the House                                                                                            
Amendment to CSSB 100(FIN)?                                                                                                     
                                                                                                                                
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, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR CS FOR SENATE BILL NO. 100(HES) "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."                                                                                             
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          

2007-05-13                     Senate Journal                      Page 1281
SB 145                                                                                                                        
Message dated May 13 was read, stating the House passed and                                                                     
returned for consideration SENATE BILL NO. 145 "An Act relating                                                                 
to municipal impoundment and forfeiture" with the following                                                                     
amendment:                                                                                                                      
                                                                                                                                
             HOUSE CS FOR SENATE BILL NO. 145(JUD)                                                                              
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendment.                                                                                                                      
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS SB 145(JUD)                                                                                                                 
Shall the Senate Concur in the House                                                                                            
Amendment to SB 145?                                                                                                            
                                                                                                                                
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman,                                                                    
Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas,                                                                  
Wagoner, Wielechowski, Wilken                                                                                                   
                                                                                                                                
Nays:  Green, Huggins                                                                                                           
                                                                                                                                
Absent:  Bunde                                                                                                                  
                                                                                                                                
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR SENATE BILL NO. 145(JUD) "An Act relating to                                                                       
municipal impoundment and forfeiture."                                                                                          
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
                                       Unfinished Business                                                                   
                                                                                                                                
Senator Therriault moved and asked unanimous consent to be excused                                                              
from a call of the Senate for the month of July. Without objection,                                                             
Senator Therriault was excused.                                                                                                 
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1282
HJR 22                                                                                                                        
Senators Elton, McGuire moved and asked unanimous consent to be                                                                 
shown as cross sponsors on CS FOR HOUSE JOINT RESOLUTION                                                                        
NO. 22(RLS) Denouncing the National Entertainment Collectibles                                                                  
Association's production of the Rapist No. 1 collectible doll. Without                                                          
objection, it was so ordered.                                                                                                   
                                                                                                                                
HB 90                                                                                                                         
Senator Wilken moved and asked unanimous consent to be shown as a                                                               
cross sponsor on SENATE CS FOR CS HOUSE BILL NO. 90(FIN)                                                                        
am S "An Act relating to the reporting of certain crimes; 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 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 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." Without objection, it was so ordered.                                                                                    
                                                                                                                                
HB 209                                                                                                                        
The reconsideration on 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" was not taken up this legislative day and the bill was                                                          
referred to the Secretary for engrossment.                                                                                      
                                                                                                                                
                                                                                                                                
                                          Announcements                                                                      
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      

2007-05-13                     Senate Journal                      Page 1283
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                           Engrossment                                                                       
                                                                                                                                
HB 90                                                                                                                         
SENATE CS FOR CS HOUSE BILL NO. 90(FIN) am S "An Act                                                                            
relating to the reporting of certain crimes; 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 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 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" was engrossed, signed by the                                                         
President and Secretary and returned to the House for consideration.                                                            
                                                                                                                                
HB 118                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 118(JUD) "An Act                                                                            
relating to underage possession of alcoholic beverages in a dwelling"                                                           
was engrossed, signed by the President and Secretary and returned to                                                            
the House for consideration.                                                                                                    
                                                                                                                                
HB 162                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 162(FIN) "An Act                                                                            
relating to mortgage lenders, mortgage brokers, mortgage originators,                                                           
state agents who collect program administration fees, and other                                                                 
persons who engage in activities relating to mortgage lending; relating                                                         
to mortgage loan activities; relating to an originator fund; relating to                                                        
fees for mortgage  loan  transactions; making  certain violations  unfair                                                       
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1284
trade practices; relating to persons who are licensed under the Alaska                                                          
Small Loans Act; and providing for an effective date" was engrossed,                                                            
signed by the President and Secretary and returned to the House for                                                             
consideration.                                                                                                                  
                                                                                                                                
HB 209                                                                                                                        
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" was                                                                  
engrossed, signed by the President and Secretary and returned to the                                                            
House for consideration.                                                                                                        
                                                                                                                                
SCR 9                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 9 Suspending Rules                                                                             
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 90, relating to criminal activity                                                        
and criminal law and procedure, was engrossed, signed by the                                                                    
President and Secretary and transmitted to the House for                                                                        
consideration.                                                                                                                  
                                                                                                                                
HCR 6                                                                                                                         
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                                                
NO. 6(SED) Relating to civics education and a citizens' advisory task                                                           
force, 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 10:40 a.m., May 14, 2007. Without                                                                    
objection, the Senate adjourned at 5:31 p.m.                                                                                    
                                                                                                                                
                                                                                        Kirsten Waid                            
                                                                         Secretary of the Senate                                
                                                                                                                                
                                                                                                                                

2007-05-13                     Senate Journal                      Page 1285
                                          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 13              Sunday                             Senate Finance 532                       2:0                            
                    Call of the Chair Canceled                                                                                  
+= SB 178 EDUCATION FUNDING                                                                                                     
+                   Bills Previously Heard/Scheduled                                                                            
                                                                                                                                
May 14              Monday                             Senate Finance 532                       9:0                            
+= HB 113 OPTOMETRISTS' USE OF PHARMACEUTICALS                                                                                  
+ HB 155 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD                                                                                
+ SB 128 ALCOHOL LOCAL OPTION PROVISIONS                                                                                        
+                   Bills Previously Heard/Scheduled                                                                            
                            ----------------------------------------                                                           
                                                                                                                                
                                            JUDICIARY                                                                        
                                                                                                                                
May 13              Sunday                                     Butrovich 205                    2:0                            
= SB 168 PASSENGER VESSEL TAX CREDIT                                                                                            
                            ----------------------------------------                                                           
                                                                                                                                
                                         OTHER MEETINGS                                                                      
                                                                                                                                
                                          JOINT SESSION                                                                      
                                                                                                                                
May 14              Monday                                  House Chamber                     11:00                            
             Confirmation of Governor's Appointees