Legislature(2007 - 2008)
2008-02-01 Senate Journal
Full Journal pdf2008-02-01 Senate Journal Page 1735 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday February 1, 2008 Eighteenth Day Pursuant to adjournment the Senate was called to order by President Green at 11:05 a.m. The roll showed fourteen members present. Senators Cowdery, Hoffman, Wagoner, Wilken were excused from a call of the Senate. Senators Huggins, Therriault were absent. Senator Ellis moved and asked unanimous consent that Senators Huggins, Therriault be excused from a call of the Senate due to illness. Without objection, Senators Huggins, Therriault were excused. The prayer was offered by the Chaplain, Father Thomas Weise of the Cathedral of the Nativity. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. From Psalm 129 (excerpted from Psalms for Praying by Nan C. Merril) Lift up your hearts to the Most High! Let the earth ring with songs of praise! Be glad, O people of the Light! Let your life be impregnated by Love's gifts. Discover in the Great Silence the mystery of who you are, and be true to your self. For wherever you dwell, there is beauty; Infinite Love is everywhere. Know that the beauty hidden within your soul, is seen by the eyes of your heart. Let the still small voice of the Beloved guide you by day and comfort you by night; Then you will be blessed and, in turn, you will be a blessing to the world. 2008-02-01 Senate Journal Page 1736 Gracious God, you created us and placed us within families to learn how to love and be loved. We praise you for your goodness, we thank you for your, gifts. Bless our State with your love. Raise up in Alaska good and holy families, loving husbands and wives, devoted parents and children. Raise up from our families and friends dedicated and generous leaders who will serve as models in our communities. Amen. Senator Bunde led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the sixteenth and seventeenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated and received January 30 was read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation of appointment to the boards and commissions set out below: Alaska State Board of Public Accountancy Max E. Mertz - Juneau Appointed: 8/3/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Alcohol Beverage Control Board Joseph DelDonno - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2011 Robert Klein - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2011 State Board of Registration for Architects, Engineers, and Land Surveyors Daniel E. Walsh - Fairbanks Appointed: 12/12/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 2008-02-01 Senate Journal Page 1737 Clifford E. Baker - Kenai Appointed: 3/24/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2012 George Davidson - Juneau Appointed: 1/29/2008 Term Expires: 3/1/2012 Frank Abegg - Fairbanks Appointed: 1/29/2008 Term Expires: 3/1/2012 Board of Barbers and Hairdressers Vern Hurlbert - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Lorenda Britten - Fairbanks Appointed: 1/29/2008 Term Expires: 3/1/2012 Kelley Sherman - Wasilla Appointed: 1/29/2008 Term Expires: 3/1/2012 Board of Chiropractic Examiners James Heston - Homer Appointed: 1/29/2008 Term Expires: 3/1/2012 Board of Marine Pilots Robert J. Arts - Anchorage Appointed: 10/31/2002 Reappointed: 3/24/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Occupational Safety and Health Review Board Timothy O. Sharp - Fairbanks Appointed: 10/12/1995 Reappointed: 6/23/1999 Reappointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2012 James Montgomery, Jr. - Kenai Appointed: 1/29/2008 Term Expires: 3/1/2012 Personnel Board Debra E. English - Anchorage Appointed: 1/8/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2014 2008-02-01 Senate Journal Page 1738 Real Estate Commission Christina E. Swires - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Regulatory Commission of Alaska Robert M. "Bob" Pickett - Wasilla Appointed: 1/28/2008 Term Expires: 3/1/2014 Board of Veterinary Examiners Martin Buser - Big Lake Appointed: 3/1/2007 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Dr. Timothy L. Bowser - Soldotna Appointed: 2/19/2003 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Dr. Cynthia A. Trout - Anchorage Appointed: 3/23/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Workers' Compensation Appeals Commission David Richards - Eagle River Appointed: 1/28/2008 Term Expires: 3/1/2013 Alaska Workers' Compensation Board David Kester - Anchorage Appointed: 4/12/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Jeffrey P. Pruss - Fairbanks Appointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2011 David B. Robinson - Wasilla Appointed: 10/1/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Damian J. Thomas - Fairbanks Appointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2011 2008-02-01 Senate Journal Page 1739 Debra G. Norum - Fairbanks Appointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Don L. Gray - Anchorage Appointed: 12/26/2007 Term Expires: 3/1/2010 Howard A. Hansen - Wasilla Appointed: 12/26/2007 Term Expires: 3/1/2009 Michael J. Notar - Juneau Appointed: 12/26/2007 Term Expires: 3/1/2010 Douglas L. Orcutt - Anchorage Appointed: 12/26/2007 Term Expires: 3/1/2010 Marc D. Stemp - Bethel Appointed: 12/26/2007 Term Expires: 3/1/2010 The appointments were referred to the Labor and Commerce Committee. Board of Governors of the Alaska Bar Carl Ekstrom - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2011 Commission on Judicial Conduct Thomas G. Nave - Juneau Appointed: 3/24/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Joseph W. Miller - Fairbanks Appointed: 1/28/2008 Term Expires: 3/1/2012 Robert Sheldon - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2012 Alaska Public Offices Commission Kathleen Frederick - Juneau Appointed: 1/29/2008 Term Expires: 3/1/2013 2008-02-01 Senate Journal Page 1740 Violent Crimes Compensation Board LeRoy J. Barker - Anchorage Appointed: 2/19/2003 Reappointed: 3/23/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2011 The appointments were referred to the Judiciary Committee. Big Game Commercial Services Board Brenda Rebne - Cantwell Appointed: 1/28/2008 Term Expires: 3/1/2012 Alaska Commercial Fisheries Entry Commission Frank M. Homan - Juneau Appointed: 9/2/2003 Reappointed: 10/30/2007 Term Expires: 3/1/2011 Board of Game Ted H. Spraker - Soldotna Appointed: 1/21/2003 Reappointed: 4/11/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2011 Lewis D. "Lew" Bradley - Palmer Appointed: 1/28/2008 Term Expires: 3/1/2011 Teresa Sager-Albaugh - Tok Appointed: 1/28/2008 Term Expires: 3/1/2011 The appointments were referred to the Resources Committee. Board of Education and Early Development Philip E. Schneider - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2013 Geraldine C. "Geri" Benshoof - North Pole Appointed: 1/28/2008 Term Expires: 3/1/2013 Board of Marital and Family Therapy Rev. John Downing - Eagle River Appointed: 1/28/2008 Term Expires: 3/1/2012 2008-02-01 Senate Journal Page 1741 State Medical Board Michael J. Tauriainen - Soldotna Appointed: 5/28/2003 Reappointed: 1/16/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Dr. Jean Tsigonis - Fairbanks Appointed: 11/15/2006 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Dr. William W. Resinger - Palmer Appointed: 9/21/2007 Term Expires: 3/1/2010 Dr. Lawrence W. "Larry" Stinson, Jr. - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Dr. John Cullen - Valdez Appointed: 1/29/2008 Term Expires: 3/1/2012 Alaska Mental Health Trust Authority Board of Trustees Paula P. Easley - Anchorage Appointed: 3/28/2006 Reappointed: 1/28/2008 Term Expires: 3/1/2013 Larry G. Norene - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2013 Timothy A. Schuerch - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2013 Board of Certified Direct-Entry Midwives Dr. Peggy A. Downing - Palmer Appointed: 5/31/2007 Term Expires: 3/1/2011 Holly M. Steiner - Wasilla Appointed: 6/3/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Cheryl A. Corrick - Fairbanks Appointed: 1/28/2008 Term Expires: 3/1/2012 2008-02-01 Senate Journal Page 1742 Board of Nursing Agnes M. "Aggie" Jack - Kotzebue Appointed: 6/12/2007 Term Expires: 3/1/2011 Denise Ekstrom - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Board of Examiners in Optometry Dr. Jill Matheson - Juneau Appointed: 4/30/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Board of Pharmacy Robert Young - Sitka Appointed: 3/1/2008 Term Expires: 3/1/2012 Kathe Boucha - Anchorage Appointed: 3/1/2008 Term Expires: 3/1/2012 State Physical Therapy and Occupational Therapy Board Dr. Julius S. Brecht - Anchorage Appointed: 10/18/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Gary W. Burleson - Anchorage Appointed: 4/14/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Joyce Barnett - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2012 Kathleen Lind - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2012 Board of Professional Counselors James R. "Randy" Morton - Nome Appointed: 4/14/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 2008-02-01 Senate Journal Page 1743 Professional Teaching Practices Commission Richard Lum - Eagle River Appointed: 1/29/2008 Term Expires: 3/1/2011 George Troxel - Palmer Appointed: 1/29/2008 Term Expires: 3/1/2011 Board of Psychologist and Psychological Associate Examiners Camille O. "Cam" Carlson - Fairbanks Appointed: 3/9/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Lisa C. Turner - Kenai Appointed: 3/8/2006 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Dr. John R. DeRuyter - Fairbanks Appointed: 6/6/2007 Term Expires: 3/1/2011 The appointments were referred to the Health, Education and Social Services Committee. State Commission for Human Rights Grace Merkes - Sterling Appointed: 2/19/2003 Reappointed: 1/28/2008 Term Expires: 3/1/2013 Robert B. Sawyer, Jr. - Fairbanks Appointed: 2/19/2003 Reappointed: 1/29/2008 Term Expires: 3/1/2013 Mark S. Fish - Anchorage Appointed: 6/11/2007 Term Expires: 3/1/2012 The appointments were referred to the State Affairs Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. 2008-02-01 Senate Journal Page 1744 Messages from the House Message dated January 31 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 317 HOUSE BILL NO. 317 BY REPRESENTATIVES COGHILL, Chenault, Johnson, Buch, Kerttula, Ramras, Gatto, Lynn, Kelly, Dahlstrom, Meyer, Harris, Cissna, Crawford, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Joule, Kawasaki, Keller, LeDoux, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson, entitled: "An Act eliminating the limit on compassionate gifts that a legislator or legislative employee may solicit, accept, or receive under the Legislative Ethics Act; and providing for an effective date." was read the first time and referred to the State Affairs Committee. Senators Elton, Wielechowski, McGuire, Stedman, Olson, Ellis, Bunde, Thomas, Dyson, French, Davis, Kookesh, Stevens, Green moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. Communications The following reports are on file in the Office of the Secretary of the Senate: Report to the Legislature dated January 30, 2008 from the Legislative Regulatory Commission of Alaska Task Force in accordance with Legislative Resolve No. 11, 2007 Annual Loan Fund Report 2008 Alaska Drinking Water and Clean Water Loan Funds from Larry Hartig, Commissioner Department of Environmental Conservation in accordance with AS 37.05.035 2008-02-01 Senate Journal Page 1745 The following Budget and Audit Report was received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and is on file in the Office of the Secretary of the Senate: Department of Environmental Conservation, Division of Water Village Safe Water Program dated December 5, 2007 Standing Committee Reports HB 7 The Judiciary Committee considered CS FOR HOUSE BILL NO. 7(FIN) am "An Act relating to false caller identification." Signing do pass: Senator Huggins, Vice Chair; Senators Therriault, Wielechowski, McGuire. The following fiscal information was published today: Fiscal Note No. 8, indeterminate, Department of Public Safety Fiscal Note No. 9, zero, Department of Corrections Fiscal Note No. 10, zero, Department of Administration Fiscal Note No. 11, zero, Department of Law Fiscal Note No. 12, zero, Department of Administration The bill was referred to the Finance Committee. HB 37 The State Affairs Committee considered HOUSE BILL NO. 37(efd add) "An Act establishing the first Saturday of every March as Susan Butcher Day; and providing for an effective date." Signing do pass: Senator McGuire, Chair; Senators French, Bunde. Signing no recommendation: Senator Stevens. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Administration The bill was referred to the Rules Committee. 2008-02-01 Senate Journal Page 1746 SCR 13 The Resources Committee considered SENATE CONCURRENT RESOLUTION NO. 13 Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of Parker v. District of Columbia, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of District of Columbia v. Heller, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution. Signing do pass: Senator Huggins, Chair; Senators Green, McGuire, Stevens, Stedman, Wielechowski. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Resources Committee The resolution is on today's calendar. Introduction and Reference of Senate Bills SB 258 SENATE BILL NO. 258 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act establishing requirements and limitations related to the payment of sick leave by certain employers; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. 2008-02-01 Senate Journal Page 1747 Consideration of the Calendar Second Reading of House Bills HB 151 CS FOR HOUSE BILL NO. 151(JUD) "An Act requiring an indemnification, defense, and hold harmless provision in construction- related professional services contracts of state agencies, quasi-public agencies, municipalities, and political subdivisions" 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 1700. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 151(JUD) was adopted. President Green stated SENATE CS FOR CS FOR HOUSE BILL NO. 151(JUD) will be on the February 4 calendar. Second Reading of Senate Resolutions SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of Parker v. District of Columbia, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution, was read the second time. Senator Stevens moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 1746. Senator Bunde objected, then withdrew his objection. There being no further objection, CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of District of Columbia v. Heller, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution, was adopted and was before the Senate on final passage. 2008-02-01 Senate Journal Page 1748 The question being: "Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of District of Columbia v. Heller, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution, pass the Senate?" The roll was taken with the following result: CSSCR 13(RES) Final Passage YEAS: 14 NAYS: 0 EXCUSED: 6 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Green, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Excused: Cowdery, Hoffman, Huggins, Therriault, Wagoner, Wilken and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) passed the Senate and was referred to the Secretary for engrossment. Citations Senator Ellis moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Carter G. Woodson, 2008 Black History Month Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Virginia Rose Hotch Representative(s) Thomas, Kerttula Senator(s) Kookesh, Elton, Green, Bunde, Cowdery, Davis, Dyson, Ellis, French, Hoffman, Huggins, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2008-02-01 Senate Journal Page 1749 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 Bunde moved and asked unanimous consent to amend a prior excusal (page 1723) in order to be excused from a call of the Senate from April 3 through April 8. Without objection, Senator Bunde was excused. Senator Thomas moved and asked unanimous consent to amend a prior excusal (page 1664) in order to be excused from a call of the Senate from afternoon plane time, February 22 through evening plane time, February 24. Without objection, Senator Thomas was excused. HB 37 Senators Thomas, Kookesh, Dyson, Elton, Ellis, McGuire, French, Davis moved and asked unanimous consent to be shown as cross sponsors on HOUSE BILL NO. 37(efd add) "An Act establishing the first Saturday of every March as Susan Butcher Day; and providing for an effective date." Without objection, it was so ordered. Announcements HB 317 Senator McGuire, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on HOUSE BILL NO. 317 "An Act eliminating the limit on compassionate gifts that a legislator or legislative employee may solicit, accept, or receive under the Legislative Ethics Act; and providing for an effective date" for the State Affairs Committee meeting on February 7. Without objection, it was so ordered. Announcements are at the end of the journal. 2008-02-01 Senate Journal Page 1750 Engrossment SCR 13 CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of District of Columbia v. Heller, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 139 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" 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 2:09 p.m., February 1, 2008. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 4, 2008. Without objection, the Senate adjourned at 11:45 a.m. Kirsten Waid Secretary of the Senate 2008-02-01 Senate Journal Page 1751 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.