Legislature(2007 - 2008)

2007-06-26 Senate Journal

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2007-06-26                     Senate Journal                      Page 1375
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                            FIRST SPECIAL SESSION                                                                            
                                                                                                                                
Anchorage, Alaska                  Tuesday                     June 26, 2007                                                  
                                                                                                                                
                                  First Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to a poll of the legislature resulting in an affirmative vote of                                                       
more than two-thirds of the membership calling themselves into                                                                  
Special Session, President Green called the Senate to order at 11:09                                                            
a.m.                                                                                                                            
                                                                                                                                
The Secretary read the following Joint Senate and House                                                                         
announcement, stating:                                                                                                          
                                                                                                                                
Pursuant to art. II, sec. 9, of the Constitution of the State of Alaska and                                                     
AS 24.05.100(a)(2), the presiding officers of the Senate and the House                                                          
announced that during the week of May 28 through June 1, 2007, they                                                             
polled the membership of each house as to whether a special session of                                                          
the Twenty-fifth Alaska State Legislature should be held in Anchorage                                                           
on June 26, 2007 to consider the issue of senior care and a senior                                                              
benefits program. More than two-thirds of the membership responded                                                              
in the affirmative.                                                                                                             
                                                                                                                                
The Senate poll follows:                                                                                                        
                                                                                                                                
                             Alaska State Senate                                                                             
                             Special Session Poll                                                                              
                                 June 1, 2007                                                                                  
                                                                                                                                
       "Shall the Alaska State Legislature call itself into special                                                             
       session to address the issue of senior care (benefits                                                                    
       program for seniors) to convene in Anchorage on                                                                          
       Tuesday, June 26, 2007?"                                                                                                 
                                                                                                                                
                                                                                                                                

2007-06-26                     Senate Journal                      Page 1376
YEAS:  16   NAYS:  3   DID NOT RESPOND:  1                                                                                    
                                                                                                                                
Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman,                                                              
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Nays: Bunde, Wagoner, Wilken                                                                                                    
                                                                                                                                
Did not respond: Therriault                                                                                                     
                                                                                                                                
The roll call of the Senate showed seventeen members present.                                                                   
Senators Ellis, Therriault were excused from a call of the Senate.                                                              
Senator Wilken was absent.                                                                                                      
                                                                                                                                
The prayer was offered by the Chaplain, Senator Stevens. Senator                                                                
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          "What lies behind us and what lies before us                                                                          
          Are tiny matters                                                                                                      
          Compared to what lies within us."                                                                                     
          Ralph Waldo Emerson                                                                                                   
                                                                                                                                
          Dear Lord,                                                                                                            
               Please bless us today. Give us a glimpse of your                                                                
             infinite wisdom. Watch over us and our families and                                                               
  keep us safe.                                                       Amen.                                                    
                                                                                                                                
Senator Bunde led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journals                                                             
for the one hundred twenty-first legislative day, Senate and House                                                              
Joint Journal Supplement No. 7 and the First Supplement of the First                                                            
Regular Session be approved as certified by the Secretary. Without                                                              
objection, it was so ordered.                                                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-06-26                     Senate Journal                      Page 1377
                          Messages from the Governor                                                                         
                                                                                                                                
HB 126                                                                                                                        
Message was read stating the Governor signed the following bill on                                                              
June 22 and transmitted the engrossed and enrolled copies to the                                                                
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
          CS FOR HOUSE BILL NO. 126(JUD)(title am) "An                                                                          
          Act relating to access to criminal justice information                                                                
          for certain employees of the Department of                                                                            
          Administration; relating to the procedure for changes                                                                 
          to certificates, registration, titles, licenses, permits,                                                             
          and other forms relating to driving and motor                                                                         
          vehicles; relating to requirements for, cancellations                                                                 
          of, renewals of, reinstatements of, expirations of,                                                                   
          disqualifications of, withdrawals of, suspensions or                                                                  
          revocations of, and exemptions from commercial and                                                                    
          other driver's licenses, permits, or privileges to drive;                                                             
          relating to records concerning motor vehicles and                                                                     
          their drivers; relating to  penalties for violating                                                                   
          commercial driver licensing requirements; relating to                                                                 
          the driver's license compact; and providing for an                                                                    
          effective date."                                                                                                      
                                                                                                                                
                             Chapter 23, SLA 2007                                                                              
                         Effective Date: See Chapter                                                                           
                                                                                                                                
HB 90                                                                                                                         
Message was received stating the Governor signed the following bill                                                             
on June 25 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
          SENATE CS FOR CS FOR 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                                                                    

2007-06-26                     Senate Journal                      Page 1378
          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."                                                                                     
                                                                                                                                
                             Chapter 24, SLA 2007                                                                              
                         Effective Date: See Chapter                                                                           
                                                                                                                                
SB 128                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 25 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                   
          128(FIN) am H "An Act relating to the sale,                                                                           
          distribution, and purchase of alcoholic beverages;                                                                    
          relating to a state database for records of certain                                                                   
          purchases of alcoholic beverages; relating to the                                                                     
          relocation of a license to sell alcoholic beverages;                                                                  
          relating to procedures for local option elections for                                                                 
          control of alcoholic beverages; and providing for an                                                                  
          effective date."                                                                                                      
                                                                                                                                
                             Chapter 25, SLA 2007                                                                              
                         Effective Date: See Chapter                                                                           
                                                                                                                                
                                                                                                                                

2007-06-26                     Senate Journal                      Page 1379
HB 118                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 25 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                                                       
             118(JUD) "An Act relating to underage possession of                                                               
          alcoholic beverages in a dwelling."                                                                                   
                                                                                                                                
                             Chapter 26, SLA 2007                                                                              
                           Effective Date: 9/23/07                                                                             
                                                                                                                                
HB 133                                                                                                                        
Message was received stating the Governor signed the following bill                                                             
on June 25 and transmitted the engrossed and enrolled copies to the                                                             
Lieutenant Governor's Office for permanent filing:                                                                              
                                                                                                                                
          CS FOR HOUSE BILL NO. 133(FIN) "An Act                                                                                
          relating to requiring electronic monitoring as a                                                                      
          special condition of probation and parole for                                                                         
          offenders whose offense was related to a criminal                                                                     
          street gang."                                                                                                         
                                                                                                                                
                             Chapter 27, SLA 2007                                                                              
                           Effective Date: 9/23/07                                                                             
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in recess to a call of the Chair. Without objection, the Senate                                                           
recessed at 11:20 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 4:38 p.m.                                                                                              
                                                                                                                                
Senator Stevens moved and asked unanimous consent that Senator                                                                  
Wilken be excused from a call of the Senate today. Without objection,                                                           
Senator Wilken was excused.                                                                                                     

2007-06-26                     Senate Journal                      Page 1380
                           Messages from the House                                                                           
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 4                                                                                                                          
Message dated June 26 was read, stating the House passed and                                                                    
returned for consideration CS FOR SENATE BILL NO. 4(FIN) am                                                                     
"An Act extending the cash assistance benefit program for seniors                                                               
under the senior care program and increasing the benefit amount;                                                                
amending medical income eligibility provisions for persons under 19                                                             
years of age and for pregnant women; and providing for an effective                                                             
date" with the following amendments:                                                                                            
                                                                                                                                
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                   
          4(FIN) am H "An Act relating to cash assistance for                                                                   
          seniors; establishing the senior benefits payment                                                                     
          program; and providing for an effective date."                                                                        
          (technical title change)                                                                                              
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendments.                                                                                                                     
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                
HCS CSSB 4(FIN) am H                                                                                                            
Shall the Senate Concur in the House                                                                                            
Amendments to CSSB 4(FIN) am?      Effective Date                                                                               
                                                                                                                                
YEAS:  14   NAYS:  3   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Elton, French, Green, Hoffman, Huggins,                                                                  
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Nays:  Bunde, Dyson, Wagoner                                                                                                    
                                                                                                                                
Excused:  Ellis, Therriault, Wilken                                                                                             
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 4(FIN) am H "An Act                                                                         
relating to cash assistance for seniors; establishing the senior benefits                                                       
payment program; and providing for an effective date. "                                                                         
                                                                                                                                

2007-06-26                     Senate Journal                      Page 1381
Senator Stevens moved and asked unanimous consent that the vote on                                                              
concurrence be considered the vote on the effective date clause.                                                                
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Cowdery moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from October 5 through October 26. Without                                                            
objection, Senator Cowdery was excused.                                                                                         
                                                                                                                                
Senator Dyson moved and asked unanimous consent to amend a prior                                                                
excusal (page 1192) in order to be excused from a call of the Senate                                                            
from October 2 through October 18. Without objection, Senator Dyson                                                             
was excused.                                                                                                                    
                                                                                                                                
Senator Wagoner moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from October 1 through October 29. Without                                                            
objection, Senator Wagoner was excused.                                                                                         
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                  Enrollment                                                                                 
                                                                                                                                
SB 27                                                                                                                         
HOUSE CS FOR CS FOR SENATE BILL NO. 27(FIN) "An Act                                                                             
relating to eligibility requirements for medical assistance for certain                                                         
children, pregnant women, and disabled persons; and providing for an                                                            
effective date" was enrolled, signed by the President and Secretary,                                                            
Speaker and Chief Clerk and the engrossed and enrolled copies                                                                   
transmitted to the Office of the Governor at 4:39 p.m., June 20, 2007.                                                          
                                                                                                                                

2007-06-26                     Senate Journal                      Page 1382
SB 85                                                                                                                         
SENATE BILL NO. 85 "An Act extending the termination date for the                                                               
State Medical Board; and providing for an effective date" was                                                                   
enrolled, signed by the President and Secretary, Speaker and Chief                                                              
Clerk and the engrossed and enrolled copies transmitted to the Office                                                           
of the Governor at 3:55 p.m., June 22, 2007.                                                                                    
                                                                                                                                
SB 105                                                                                                                        
CS FOR SENATE BILL NO. 105(TRA) "An Act extending, for                                                                          
purposes of a program of debt reimbursement to municipalities, the                                                              
date by which debt must be incurred for a small boat harbor; and                                                                
providing for an effective date" was enrolled, signed by the President                                                          
and Secretary, Speaker and Chief Clerk and the engrossed and                                                                    
enrolled copies transmitted to the Office of the Governor at 1:22 p.m.,                                                         
June 21, 2007.                                                                                                                  
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the First                                                                
Special Session of the Twenty-fifth Alaska State Senate stand in                                                                
adjournment sine die. Without objection, the Senate adjourned at 4:55                                                           
p.m.                                                                                                                            
                                                                                                                                
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2007-06-26                     Senate Journal                      Page 1383
                                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.                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                   AK CLIMATE IMPACT ASSESSMENT COMMISSION                                                                   
                                                                                                                                
Jun 28        Thursday                             Kotzebue           9:15 AM                                                 
              Location-NW Arctic Borough Assembly Bldg.                                                                         
              - Teleconferenced Public Hearing -                                                                                
              Invited Testimony from 9:15 - 3:30 p.m.                                                                           
              Public Testimony from 4:00 - 6:00 p.m.                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                   JOINT LEGIS EDUCATION FUNDING TASK FORCE                                                                  
                                                                                                                                
Jul 11        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              Work Session                                                                                                      
              -- Testimony <Invitation Only> --                                                                                 
              Lunch break 12:00 pm - 1:30 pm                                                                                    
                                                                                                                                
Jul 12        Thursday                  Anch Lio Conf Rm              9:00 AM                                                 
              Work Session                                                                                                      
              -- Testimony <Invitation Only> --                                                                                 
              Lunch Break 12:00pm - 1:30pm                                                                                      
                                                                                                                                
Aug 01        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              Work Session - Determine Recommendations                                                                          
              Lunch Break 12:00pm - 1:30pm                                                                                      
                                                                                                                                
Aug 02        Thursday                  Anch Lio Conf Rm              9:00 AM                                                 
              Work Session - Determine Recommendations                                                                          
              Lunch Break 12:00pm - 1:30pm                                                                                      
                                                                                                                                
Aug 15        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              -- Teleconference --                                                                                              
              Work Session - Open Statewide Public                                                                              
              Testimony on Recommendations                                                                                      
              Lunch Break - 12:00pm - 1:30pm                                                                                    

2007-06-26                     Senate Journal                      Page 1384
             JOINT LEGIS EDUCATION FUNDING TASK FORCE (continued)                                                            
                                                                                                                                
Aug 16        Thursday                  Anch Lio Conf Rm              9:00 AM                                                 
              Work Session - if needed                                                                                          
              Lunch Break 12:00pm - 1:30pm                                                                                      
                                                                                                                                
Aug 29        Wednesday                 Anch Lio Conf Rm              9:00 AM                                                 
              Work Session                                                                                                      
              Review and Finalize Recommendations                                                                               
              Lunch Break 12:00pm - 1:30pm                                                                                      
                                                                                                                                
Aug 30        Thursday                  Anch Lio Conf Rm              9:00 AM                                                 
              Work Session - if needed                                                                                          
              Lunch Break 12:00pm - 1:30pm                                                                                      
                                                                                                                                
Aug 31        Friday                    Anch Lio Conf Rm              9:00 AM                                                 
              Final Report Completed                                                                                            
              Lunch Break 12:00pm - 1:30pm                                                                                      
                   ----------------------------------------                                                                    
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Jul 10        Tuesday                   Anch Lio Conf Rm              8:00 AM                                                 
              Final Audits:                                                                                                     
              State of Alaska Single Audit, FY2006                                                                              
              DCCED - Alaska Aerospace Dev. Corp.                                                                               
              Preliminary Audits:                                                                                               
              DHSS - Alaska Commission on Aging, Sunset                                                                         
              DCCED - Real Estate Commission, Sunset                                                                            
              RPL:                                                                                                              
              DOT - Fed Funds Nome Airport Rehab                                                                                
              Audit Request                                                                                                     
                   ----------------------------------------                                                                    
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Jun 26        Tuesday                   Anch Lio Conf Rm              5:00 PM                                                 
              Agenda Items Include:                                                                                             
              Mat-Su Lease RFP Approval, Eagle River Lease RFP Approval                                                         
              Architect Scottish Rite Temple, RFP Approval                                                                      
              Executive Session -                                                                                               
              Capitol Security Site Survey                                                                                      
              Security Camera Policy Approval                                                                                   
              3-Year Comprehensive IT Plan                                                                                      
              Other Business                                                                                                    
                   ----------------------------------------                                                                    

2007-06-26                     Senate Journal                      Page 1385
                                OTHER MEETINGS                                                                               
                                                                                                                                
                            MISCELLANEOUS MEETINGS                                                                           
                                                                                                                                
Jun 26        Tuesday                    Anch Egan Center           10:00 AM                                                  
              25th Legislature - First Special Session