Legislature(2007 - 2008)
2008-01-25 Senate Journal
Full Journal pdf2008-01-25 Senate Journal Page 1675 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday January 25, 2008 Eleventh Day Pursuant to adjournment the Senate was called to order by President Green at 11:04 a.m. The roll showed sixteen members present. Senators Cowdery, Stevens were excused from a call of the Senate. Senators Olson, Wagoner were absent. The prayer was offered by the Chaplain, Reverend Kenneth Torquil MacLean, Consulting Minister for the Juneau Unitarian Universalist Fellowship. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Eternal God, on this day may we remember: remember who we are; remember what we love; remember what is sacred; remember what is true; remember that each of us will die, and that today is a gift. Amen. Senator Thomas led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the ninth and tenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2008-01-25 Senate Journal Page 1676 Messages from the Governor A letter dated January 21, 2008, with an administrative order and finance plan attached, was received stating the Governor has determined it appropriate that financial assistance from the disaster relief fund be expended, in accordance with AS 26.23.020(h), to cover emergency response costs for the Northwest Arctic Borough and Kivalina to address repairs to the seawall. The letter and attachments were copied to the Finance Committee. Messages from the House Message dated January 23 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 BY THE HOUSE JUDICIARY COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 139, relating to limitations on liability for certain airfield owners or operators. was read the first time and held on the Secretary's desk. First Reading and Reference of House Bills HB 15 CS FOR HOUSE BILL NO. 15(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to participation in matters before the Board of Fisheries by members of the board and to the definition of 'immediate family member' under the Alaska Executive Branch Ethics Act as that Act applies to members of the Board of Fisheries; and providing for an effective date." 2008-01-25 Senate Journal Page 1677 was read the first time and referred to the State Affairs, Resources and Finance Committees. Concur Messages SB 139 Message dated January 23 was read, stating the House passed and returned for consideration SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139 "An Act repealing a limitation on the liability of certain airfield owners or operators" with the following amendment: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139(JUD) "An Act modifying the criteria used to limit liability for certain airfield owners or operators." (Title change HCR 17) President Green stated the message will be held on the Secretary's desk. Communications Local Boundary Commission Report received January 23 from Kermit L. Ketchum, Chair in accordance with AS 44.33.812 and Article X, section 12 of the Alaska Constitution The Local Boundary Commission recommendations will be published in Senate and House Joint Journal Supplement No. 11. President Green referred the report to the Community and Regional Affairs Committee. FY 07 Achievement Report and FY 08 Annual Performance Plan from Clark Bishop, Commissioner Department of Labor and Workforce Development in accordance with AS 18.60.040 available at: www.labor.state.ak.us/lss/oshhome.htm 2008-01-25 Senate Journal Page 1678 Introduction and Reference of Senate Bills SB 230 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 230 BY SENATOR ELLIS, entitled: "An Act establishing the film office in the Department of Commerce, Community, and Economic Development; and creating a transferable tax credit applicable to certain film production expenditures incurred in the state." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 248 SENATE BILL NO. 248 BY SENATORS HOFFMAN, Stedman, Stevens, entitled: "An Act relating to the salmon product development tax credit; providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003, as amended by sec. 4, ch. 3, SLA 2006; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 249 SENATE BILL NO. 249 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act establishing the Alaska capstone avionics revolving loan fund and relating to the fund; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development 2008-01-25 Senate Journal Page 1679 Governor's transmittal letter dated January 24: Dear President Green: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill establishing the Alaska capstone avionics revolving loan fund and relating to the fund. In Alaska, aviation is relied upon to move people, mail, and cargo throughout the state. Alaska has only 14,788 miles of public roads and many communities are not connected to the highway system. Ninety percent of Alaska is accessible only by air. Because of this situation, commuter and air taxi flights often serve in lieu of the traditional road system. Alaska has seven times more licensed pilots than the national average, but it also has the highest aviation accident rate in the nation. One way to make Alaska's skies safer is with capstone avionic equipment. A study done in Alaska over a six year period determined that the accident rate of aircraft equipped with capstone avionic equipment decreased by 47 percent as compared to other aircraft operating without the equipment. The Federal Aviation Administration (FAA) estimates the adoption of this technology will result in a 33 percent reduction in fatal accidents statewide. The FAA's Joint Resource Council estimates the benefits of the capstone project would be substantial. These benefits flow from a combination of fewer aviation accidents, improved search and rescue, greater precision in adverse weather and difficult terrain, and increased access to remote villages (including medical evacuations) when the system is fully deployed both on the ground and in the air. In addition, there will be socio-economic improvements for rural Alaska, due to a safer and more reliable transportation infrastructure. This new technology requires both the installation of ground based infrastructure and capstone avionics in the cockpit to achieve these benefits. To be visible to the system, as well as to take advantage of all of capstones capabilities, an aircraft must be equipped with appropriate on-board avionics. 2008-01-25 Senate Journal Page 1680 The FAA has invested in Alaska by deploying, and continuing to deploy, new ground-based aviation safety and access infrastructure including communications, navigation, and weather reporting systems, and upgraded airport access in Alaska. Support for the acquisition of the onboard avionics necessary to utilize the FAA ground infrastructure will aid in securing the substantial benefits of this technology for Alaskans and enhance, encourage, and make the most of the FAA investment in Alaska. This bill would create the Alaska capstone avionics revolving loan fund within the Department of Commerce, Community, and Economic Development. The purpose of the fund would be to increase safety of air carrier, air taxi, and general aviation intrastate air transportation, by providing low-interest loans towards purchasing and installing capstone avionic equipment. An applicant for the low-interest loan must be an owner of an aircraft that is operated in the state. An applicant may be an individual, corporation, partnership, limited liability corporation, limited liability partnership, limited liability company, joint venture, or non-federal governmental entity. The broad-based benefits of this legislation will help ensure that people can fly in a safer environment as they conduct their business and personal affairs. Under this new loan program, a loan for $12,000 for avionics equipment at four percent over a ten-year term would result in a monthly payment of $122 or an annual payment of $1,480. I urge your prompt and favorable action on this measure. Sincerely, /s/ Sarah Palin Governor SB 250 SENATE BILL NO. 250 BY SENATOR HUGGINS, entitled: "An Act relating to the practice of veterinary medicine." 2008-01-25 Senate Journal Page 1681 was read the first time and referred to the Labor and Commerce Committee. Consideration of the Calendar Citations In Memoriam - Juliette Danguilan Representative(s) Gara Senator(s) Ellis, Green, Bunde, Cowdery, Davis, Dyson, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Tyler Beckham Representative(s) Gatto, Keller Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Ellis moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, February 13 through morning plane time, February 18; and from afternoon plane time, February 22 through plane time, February 25. Without objection, Senator Dyson was excused. Senator Kookesh moved and asked unanimous consent to amend a prior excusal (page 1630) in order to be excused from a call of the Senate from plane time, January 26 through evening plane time, January 28. Without objection, Senator Kookesh was excused. Senator French moved and asked unanimous consent to be excused from a call of the Senate from January 28 through morning plane time, January 29. Without objection, Senator French was excused. 2008-01-25 Senate Journal Page 1682 Senator French moved and asked unanimous consent to amend a prior excusal (page 1645) in order to be excused from a call of the Senate from February 4 through February 8. Without objection, Senator French was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate on January 28. Without objection, Senator Therriault was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Ellis moved that the Senate stand in adjournment until 11:00 a.m., January 28, 2008. Without objection, the Senate adjourned at 11:20 a.m. Kirsten Waid Secretary of the Senate 2008-01-25 Senate Journal Page 1683 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Jan 29 Tuesday Beltz 211 3:30 PM += SB 161 COASTAL MANAGEMENT PROGRAM Bills Previously Heard/Scheduled Jan 31 Thursday Beltz 211 3:30 PM -- MEETING CANCELED -- + SB 182 CLEAN ELECTIONS + SB 204 MUNI TAX EXEMPTION: COMBAT DEATHS + SB 235 ALCOHOL: LOCAL OPTION/LICENSING/MINORS Bills Previously Heard/Scheduled Feb 05 Tuesday Beltz 211 3:30 PM += SB 182 CLEAN ELECTIONS += SB 204 MUNI TAX EXEMPTION: COMBAT DEATHS += SB 235 ALCOHOL: LOCAL OPTION/LICENSING/MINORS + Bills Previously Heard/Scheduled Feb 07 Thursday Beltz 211 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Jan 25 Friday Senate Finance 532 9:00 AM + Commercial Passenger Vessel Tax Program Update Presentations by the Dept of Revenue and DEC 2008-01-25 Senate Journal Page 1684 FINANCE (continued) Jan 28 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 29 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 30 Wednesday Senate Finance 532 9:00 AM + SB 119 SCHOOL LIBRARY GRANTS + SJR 14 BUDGET RESERVE FUND VOTE REQUIREMENT + Bills Previously Heard/Scheduled Jan 31 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 01 Friday Senate Finance 532 9:00 AM + SB 242 OIL & GAS PRODUCTION TAX DATES + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Jan 25 Friday Butrovich 205 1:30 PM SB 245 HEALTH CARE: PLAN/COMMISSION/FACILITIES = SB 212 MEDICAL ASSISTANCE ELIGIBILITY <Bill Held Over from 1/23/08> Jan 28 Monday Butrovich 205 1:30 PM + SB 231 LOW-INCOME HOUSING; HOMELESSNESS + SB 233 TEACHERS/HEALTH CARE PROFESS HOUSING LOAN Jan 30 Wednesday Butrovich 205 1:30 PM += SB 160 MANDATORY UNIVERSAL HEALTH CARE Feb 01 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Jan 25 Friday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled += HB 149 POLLUTANT DISCHARGE PERMITS += HB 7 FALSE CALLER IDENTIFICATION 2008-01-25 Senate Journal Page 1685 JUDICIARY (continued) Jan 28 Monday Beltz 211 1:30 PM No Meeting Scheduled Jan 30 Wednesday Beltz 211 1:30 PM + SB 247 MISSING PERSONS + SB 226 VEXATIOUS LITIGANTS + Bills Previously Heard/Scheduled Feb 01 Friday Beltz 211 1:30 PM + SB 211 AGGRAVATING FACTOR: HOMELESSNESS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Jan 25 Friday Beltz 211 3:00 PM -- Rescheduled from 01/24/08 -- += SB 101 GUARDIANSHIP AND CONSERVATORS Bills Previously Heard/Scheduled Jan 29 Tuesday Beltz 211 1:30 PM + SB 183 REPEAL DEFINED CONTRIB RETIREMENT PLANS + SB 196 PRESCRIPTION DATABASE Bills Previously Heard/Scheduled Jan 31 Thursday Beltz 211 1:30 PM + SB 153 PEACE OFFICERS/FIRE FIGHTER RETIREMENT + SB 187 ALASKA MINIMUM WAGE + SB 197 PAYMENT DATE FOR CREDIT CARD PAYMENTS + HB 226 REPEAL TERMINATION OF STEP PROGRAM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Jan 25 Friday Butrovich 205 3:30 PM No Meeting Scheduled Jan 28 Monday Butrovich 205 3:30 PM + Presentation: Drue Pearce, Federal Coordinator, Alaska Natural Gas Transportation Projects -- Testimony <Invitation Only> -- 2008-01-25 Senate Journal Page 1686 RESOURCES (continued) Jan 30 Wednesday Butrovich 205 3:30 PM + SCR 13 AMICUS BRIEF REGARDING RIGHT TO BEAR ARMS Presentation: Gasline Update Pat Galvin Commissioner, Dept of Revenue Tom Irwin Commissioner, Dept of Natural Resources -- Testimony <Invitation Only> -- Feb 01 Friday Butrovich 205 3:30 PM + Presentation: Backbone II of Alaska -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Jan 29 Tuesday Beltz 211 9:00 AM No Meeting Scheduled Jan 31 Thursday Beltz 211 9:00 AM + HB 37 ESTABLISHING SUSAN BUTCHER DAY + SB 201 PUBLIC FINANCE WEBSITE + SB 215 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Jan 29 Tuesday Butrovich 205 1:00 PM + SB 218 CHILD SAFETY SEATS & SEAT BELTS + SB 236 TRANSPORTATION FUND Jan 31 Thursday Butrovich 205 1:00 PM + SB 224 G.O. BONDS FOR TRANSPORTATION PROJECTS ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 06 Wednesday Senate Finance 532 3:30 PM + Joint with House FY09 Budget Overview ---------------------------------------- 2008-01-25 Senate Journal Page 1687 FINANCE SUBCOMMITTEES (continued) COMMERCE, COMMUNITY & ECONOMIC DEV Jan 28 Monday Senate Finance 532 12:15 PM -- Location Change -- Joint with House Department Overview FY09 Budget Request Feb 01 Friday House Finance 519 12:15 PM Joint with House FY09 Budget Request Feb 08 Friday House Finance 519 12:15 PM Joint with House FY09 Budget Request Feb 15 Friday House Finance 519 12:15 PM Joint with House FY09 Budget Request ---------------------------------------- CORRECTIONS Jan 28 Monday House Finance 519 12:00 PM Joint with House FY09 Dept of Corrections Budget ---------------------------------------- COURT SYSTEM Jan 31 Thursday Fahrenkamp 203 4:00 PM + Commission Judicial Conduct FY08 Update Court System FY09 Requests Feb 04 Monday Fahrenkamp 203 4:00 PM + Court System Budget ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Jan 29 Tuesday House Finance 519 5:00 PM Joint with House 2008-01-25 Senate Journal Page 1688 FINANCE SUBCOMMITTEES (continued) EDUCATION & EARLY DEVELOPMENT (continued) Jan 31 Thursday House Finance 519 5:00 PM Joint with House Feb 05 Tuesday House Finance 519 5:00 PM Joint with House ---------------------------------------- ENVIRONMENTAL CONSERVATION Jan 29 Tuesday House Finance 519 3:30 PM Joint with House Review of FY08 Initiatives, Programs & Supplemental Spending ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Jan 28 Monday House Finance 519 5:15 PM Joint with House FY09 Budget Request Jan 30 Wednesday House Finance 519 5:15 PM Joint with House FY09 Budget Request Feb 04 Monday House Finance 519 5:15 PM Joint with House FY09 Budget Request Feb 06 Wednesday House Finance 519 5:15 PM Joint with House FY09 Budget Request Feb 11 Monday House Finance 519 5:15 PM Joint with House FY09 Budget Request Feb 13 Wednesday House Finance 519 5:15 PM Joint with House FY09 Budget Request ---------------------------------------- 2008-01-25 Senate Journal Page 1689 MILITARY AND VETERANS AFFAIRS Feb 07 Thursday House Finance 519 12:00 PM + Joint with House Budget Overview Presentation by General Campbell -- Testimony <Invitation Only> -- ---------------------------------------- NATURAL RESOURCES Jan 29 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview Feb 05 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview Feb 12 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview Feb 19 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview Mar 04 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Jan 31 Thursday Senate Finance 532 4:00 PM Department Budget Overview ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Jan 30 Wednesday Butrovich 205 8:00 AM + SCR 15 AMEND UNIFORM RULES: STANDING COMMITTEES + SB 240 EDUCATION FUNDING Feb 01 Friday Butrovich 205 8:00 AM + SCR 16 EDUCATION FUNDING/COST FACTOR COMMISSION + SB 241 UNIV. REPORT: TEACHER TRAINING/RETENTION 2008-01-25 Senate Journal Page 1690 SPECIAL COMMITTEES (continued) SPECIAL COMMITTEE ON EDUCATION (continued) Feb 02 Saturday Butrovich 205 10:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Feb 12 Tuesday Senate Finance 532 1:00 PM + Presentations by: Lt. General Douglas M. Frasier Alaska Army National Guard Alaska Air National Guard ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Jan 29 Tuesday House Finance 519 9:00 AM Denali Commission Presentation Consider Final & Preliminary Audits Audit Software Other Committee Business ---------------------------------------- LEGISLATIVE COUNCIL Jan 31 Thursday Senate Finance 532 12:00 PM Agenda to be Announced ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Jan 29 Tuesday Butrovich 205 12:00 PM + Presentation by Children's Justice Act Task Force: - Sexual Exploitation of Children via the Internet - Report on Children's Advocacy Centers (CAC) ---------------------------------------- 2008-01-25 Senate Journal Page 1691 JOINT SESSION Feb 06 Wednesday House Chamber 11:00 AM State of the Judiciary Address by Chief Justice Dana Fabe Feb 19 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Ted Stevens, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETINGS Feb 11 Monday Senate Finance 532 2:00 PM SCHOOL DISTRICT LEGISLATIVE FLY-IN Informal Q & A Session Regarding Alaska's Public School System