Legislature(2007 - 2008)
2008-02-06 Senate Journal
Full Journal pdf2008-02-06 Senate Journal Page 1781 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 6, 2008 Twenty-third Day Pursuant to adjournment the Senate was called to order by President Green at 10:48 a.m. The roll showed seventeen members present. Senators Cowdery, French were excused from a call of the Senate. Senator Davis was absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Juneau Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, your Word declares: Great is the Lord and greatly to be praised. We thank you that your glory fills the earth. God, thank you that your mercy toward us is new every morning. Lord, I pray that your kingdom would come your will be done here as it is in Heaven. Lord, I pray for your protection, wisdom and direction for the Senate today, and that your blessing and care will be over each one and their families. Lord, may our state be blessed, may it prosper and excel to fulfill it's God given purpose. We ask your blessing, protection and direction over our governor today. Thank you Lord, for hearing and answering our prayers. I pray this is the name of Jesus. Amen. 2008-02-06 Senate Journal Page 1782 Senator Dyson led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the twenty-first and twenty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:52 a.m. After Recess Joint Session in the House Speaker Harris called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Green, who called the Joint Session to order at 11:07 a.m. The presence of Senator Davis was noted. The purpose of the Joint Session was to hear an address by the Honorable Chief Justice Dana Fabe. Senator Ellis moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Samuels moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Green appointed Representative Joule and Senator Stevens to escort Chief Justice Fabe to the Joint Session. 2008-02-06 Senate Journal Page 1783 The Senate Sergeant at Arms, Gary Stambaugh, announced Chief Justice Dana Fabe's entrance to the House Chamber. The Honorable Chief Justice was escorted to the rostrum and welcomed by President Green. Chief Justice Fabe delivered her address. This address appears in House and Senate Joint Journal Supplement No. 12. The Chief Justice received a standing ovation and was escorted from the chamber by Senator Stevens and Representative Joule. Senator Ellis moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Green adjourned the Joint Session at 11:35 a.m. After Recess In the Senate The Senate reconvened at 11:43 a.m. Messages from the House SCR 13 Message dated February 4 was read, stating the House passed and returned: 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. The resolution was referred to the Secretary for enrollment. 2008-02-06 Senate Journal Page 1784 Standing Committee Reports SB 117 The Labor and Commerce Committee considered SENATE BILL NO. 117 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations" and recommended it be replaced with CS FOR SENATE BILL NO. 117(L&C) Signing do pass: Senator Ellis, Chair; Senator Davis. Signing do not pass: Senator Bunde. Signing no recommendation: Senators Stevens, Hoffman. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Administration Fiscal Note No. 2, indeterminate, Department of Labor and Workforce Development The bill was referred to the Health, Education and Social Services Committee. SB 122 The Community and Regional Affairs Committee considered SENATE BILL NO. 122 "An Act relating to an optional exemption from municipal property taxes for residential property." Signing no recommendation: Senator Olson, Chair; Senator Stevens. Signing do pass: Senators Thomas, Kookesh. Signing do not pass: Senator Wagoner. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 196 The Labor and Commerce Committee considered SENATE BILL NO. 196 "An Act relating to establishing a controlled substance prescription database" and recommended it be replaced with 2008-02-06 Senate Journal Page 1785 CS FOR SENATE BILL NO. 196(L&C) and further recommended the adoption of the following Labor and Commerce Letter of Intent: Letter of Intent It is the intent of the Legislature that the Alaska Prescription Drug Monitoring Program be funded with federal grants and state appropriations. It is not the intent of the Legislature that the professional users of the database absorb the costs of managing this public program through their license fees or other fee structure. Signing do pass: Senator Ellis, Chair; Senators Davis, Hoffman, Stevens. Signing no recommendation: Senator Bunde. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development Fiscal Note No. 2, Department of Health and Social Services The bill was referred to the Finance Committee. SB 218 The Transportation Committee considered SENATE BILL NO. 218 "An Act relating to use of child safety seats and seat belts." Signing do pass: Senator Kookesh, Chair; Senator Wielechowski. Signing no recommendation: Senators Wilken, Olson. The following fiscal information was published today: Fiscal Note No. 1, Department of Transportation and Public Facilities President Green added a Finance Committee referral to the bill. The bill was referred to the State Affairs, then Finance Committees. 2008-02-06 Senate Journal Page 1786 SB 231 The Health, Education and Social Services Committee considered SENATE BILL NO. 231 "An Act relating to the Alaska housing trust fund and to the Alaska Council on the Homeless; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 231(HES) Signing do pass: Senator Davis; Chair. Signing no recommendation: Senators Thomas, Dyson. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, zero, Department of Public Safety Fiscal Note No. 3, zero, Department of Health and Social Services Fiscal Note No. 4, zero, Department of Corrections The bill was referred to the Finance Committee. SB 233 The Health, Education and Social Services Committee considered SENATE BILL NO. 233 "An Act relating to the teachers' and nurses' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date." Signing do pass: Senator Davis, Chair; Senator Thomas. Signing no recommendation: Senator Dyson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Finance Committee. SB 236 The Transportation Committee considered SENATE BILL NO. 236 "An Act establishing the Alaska transportation fund and relating to the fund; and providing for an effective date." Signing do pass: Senator Kookesh, Chair; Senator Wilken. Signing no recommendation: Senator Wielechowski. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, zero, Department of Transportation and Public Facilities 2008-02-06 Senate Journal Page 1787 The bill was referred to the Finance Committee. SJR 11 The Health, Education and Social Services Committee considered SENATE JOINT RESOLUTION NO. 11 Supporting federal funding for veterans' health care and urging the United States Congress to ensure adequate funding for veterans' health care. Signing do pass: Senator Davis, Chair; Senators Thomas, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Health, Education and Social Services Committee The resolution was referred to the Rules Committee. SJR 14 The Finance Committee considered SENATE JOINT RESOLUTION NO. 14 Proposing an amendment to the Constitution of the State of Alaska relating to appropriations from the budget reserve fund, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 14(FIN) Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. Signing do pass: Senators Hoffman, Stedman, Cochairs. Signing no recommendation: Senators Olson, Huggins, Thomas. Signing amend: Senator Elton. The following fiscal information was published today: Fiscal Note No. 1, Office of the Governor The resolution was referred to the State Affairs Committee. Special Committee Reports SB 241 The Senate Special Committee on Education considered SENATE BILL NO. 241 "An Act relating to a report to the legislature on teacher preparation, retention, and recruitment by the Board of Regents of the University of Alaska" and recommended it be replaced with 2008-02-06 Senate Journal Page 1788 CS FOR SENATE BILL NO. 241(SED) "An Act relating to a report to the legislature on teacher preparation, retention, and recruitment by the Board of Regents of the University of Alaska; and providing for an effective date." Signing do pass: Senator Stevens, Chair; Senators Wilken, Davis. Signing no recommendation: Senators Olson, Huggins. The following fiscal information was published today: Fiscal Note No. 1, zero, University of Alaska The bill was referred to the Health, Education and Social Services Committee. Introduction and Reference of Senate Bills SB 208 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 208 BY SENATOR DYSON, entitled: "An Act relating to sexual offenses." was read the first time and referred to the State Affairs and Judiciary Committees. SB 262 SENATE BILL NO. 262 BY SENATOR ELTON, entitled: "An Act amending the boundaries of the Stan Price State Wildlife Sanctuary and relating to bear viewing in the sanctuary." was read the first time and referred to the Resources and Finance Committees. 2008-02-06 Senate Journal Page 1789 Consideration of the Calendar Third Reading of House Bills HB 151 SENATE CS FOR CS FOR HOUSE BILL NO. 151(JUD) was read the third time. The question being: "Shall SENATE CS FOR 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 151(JUD) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Bunde, Davis, Dyson, Ellis, Elton, Green, Hoffman, Huggins, Kookesh, McGuire, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Excused: Cowdery, French Absent: Olson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 151(JUD) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Claris Syren Representative(s) Gara Senator(s) Ellis, Green, Bunde, Cowdery, Davis, Dyson, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 2008-02-06 Senate Journal Page 1790 Senator Ellis moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Citations Honoring - 100th Anniversary of National Alpha Kappa Alpha, 25th Anniversary of Alpha Kappa Alpha, Alaska Chapter Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business SB 230 Senators Davis, Dyson moved and asked unanimous consent to be shown as cosponsors on SPONSOR SUBSTITUTE FOR SENATE BILL NO. 230 "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." Without objection, it was so ordered. SB 196 Senators Davis, Dyson, Stevens moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 196 "An Act relating to establishing a controlled substance prescription database." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. 2008-02-06 Senate Journal Page 1791 Engrossment HB 151 SENATE CS FOR 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 engrossed, signed by the President and Secretary and returned to the House for consideration. Enrollment 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 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 1:08 p.m., February 6, 2008. Legislative Resolve No. 28 Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) which have been corrected in enrolling: Page 2, line 1: Delete "it" Insert "the right" Page 2, line 8: Delete "were" Insert "was" Page 2, line 9: Delete "guns" Insert "firearms" 2008-02-06 Senate Journal Page 1792 Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 8, 2008. Without objection, the Senate adjourned at 11:56 a.m. Kirsten Waid Secretary of the Senate 2008-02-06 Senate Journal Page 1793 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 Feb 07 Thursday Beltz 211 3:30 PM += SB 161 COASTAL MANAGEMENT PROGRAM + Bills Previously Heard/Scheduled += SB 235 ALCOHOL: LOCAL OPTION/LICENSING/MINORS ---------------------------------------- FINANCE Feb 06 Wednesday Senate Finance 532 9:00 AM + SB 8 MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER + SB 101 GUARDIANSHIP AND CONSERVATORS + Bills Previously Heard/Scheduled Feb 07 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 08 Friday Senate Finance 532 9:00 AM + SB 57 MARINE PARKS ADDITIONS/HUNTING ALLOWED + HB 13 RETIREMENT SYSTEM LIABILITY/BONDS/CORP. + Bills Previously Heard/Scheduled += SB 119 SCHOOL LIBRARY GRANTS ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 06 Wednesday Butrovich 205 1:30 PM + SCR 17 BRAIN INJURY AWARENESS MONTH: MARCH 2008 Alaska Brain Injury Network Presentation Presenters: Capt. Barker, Dr. Cherry, Sergeant Tanner, Stephanie Tanner, Jill Hodges + HB 252 LEAVE FOR ORGAN/BONE MARROW DONATIONS Bills Previously Heard/Scheduled 2008-02-06 Senate Journal Page 1794 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Feb 08 Friday Butrovich 205 1:30 PM += SB 245 HEALTH CARE: PLAN/COMMISSION/FACILITIES Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 06 Wednesday Beltz 211 1:30 PM No Meeting Scheduled Feb 08 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 07 Thursday Beltz 211 1:30 PM -- MEETING CANCELED -- + HJR 25 SUPPORTING RIGHT TO FORM LABOR UNIONS Bills Previously Heard/Scheduled Including But Not Limited to: += SB 153 PEACE OFFICERS/FIRE FIGHTER RETIREMENT Feb 09 Saturday Beltz 211 1:30 PM Bills Previously Heard/Scheduled += HJR 25 SUPPORTING RIGHT TO FORM LABOR UNIONS += SB 120 UNEMPLOYMENT COMPENSATION BENEFITS ---------------------------------------- RESOURCES Feb 06 Wednesday Butrovich 205 3:30 PM + Presentation: TransCanada -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled, if Necessary Feb 08 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- 2008-02-06 Senate Journal Page 1795 STATE AFFAIRS Feb 07 Thursday Beltz 211 9:00 AM + HB 317 COMPASSIONATE GIFT EXEMPTION Uniform Rule 23 Waived += SB 223 G.O. BONDS FOR CRIME LAB + SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION + SB 77 USING UNION DUES FOR POLITICAL PURPOSES + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 07 Thursday Butrovich 205 2:00 PM -- Please Note Time Change -- + SB 216 PURPLE HEART TRAIL += SB 224 G.O. BONDS FOR TRANSPORTATION PROJECTS + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 06 Wednesday Senate Finance 532 3:30 PM + Joint with House FY09 Budget Overview ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV 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 ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 11 Monday Fahrenkamp 203 12:00 PM FY09 Budget Overview 2008-02-06 Senate Journal Page 1796 FINANCE SUBCOMMITTEES (continued) EDUCATION & EARLY DEVELOPMENT (continued) Feb 15 Friday Butrovich 205 8:00 AM FY09 Budget Overview Feb 29 Friday Butrovich 205 8:00 AM FY09 Budget Overview Mar 07 Friday Butrovich 205 8:00 AM FY09 Budget Overview Mar 12 Wednesday Butrovich 205 12:00 PM FY09 Budget Overview ---------------------------------------- FISH & GAME Feb 07 Thursday Senate Finance 532 3:30 PM -- MEETING CANCELED -- Joint with House ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 14 Thursday Fahrenkamp 203 8:00 AM + Department Budget - Explanation of Changes from Last Year's Budget -- Testimony <Invitation Only> -- Feb 28 Thursday Fahrenkamp 203 8:00 AM + Department Budget - Questions & Answers -- Testimony <Invitation Only> -- Mar 06 Thursday Senate Finance 532 12:30 PM + Department Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 06 Wednesday House Finance 519 5:15 PM -- MEETING CANCELED -- Joint with House FY09 Budget Request 2008-02-06 Senate Journal Page 1797 FINANCE SUBCOMMITTEES (continued) LABOR & WORKFORCE DEVELOPMENT (continued) 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 ---------------------------------------- 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> -- Mar 05 Wednesday Fahrenkamp 203 1:00 PM FY09 DMVA Budget Closeout ---------------------------------------- NATURAL RESOURCES Feb 12 Tuesday Butrovich 205 4:00 PM -- Location Change -- FY09 Budget Overview Feb 19 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview Feb 26 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview Mar 04 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Closeout Mar 11 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview ---------------------------------------- 2008-02-06 Senate Journal Page 1798 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY Feb 19 Tuesday Fahrenkamp 203 8:00 AM + Department Budget - Questions & Answers -- Testimony <Invitation Only> -- Mar 04 Tuesday Fahrenkamp 203 8:00 AM + Department Budget Close-Out -- Testimony <Invitation Only> -- ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Feb 06 Wednesday Butrovich 205 8:00 AM += SCR 16 EDUCATION FUNDING/COST FACTOR COMMISSION <Bill Hearing Rescheduled from 2/1/08> + SB 219 GOV PANEL ON SCHOOL DISTRICT COST FACTORS Bills Previously Heard/Scheduled: = SB 241 UNIV. REPORT: TEACHER TRAINING/RETENTION Feb 08 Friday Butrovich 205 8:00 AM -- MEETING CANCELED -- Bills Previously Heard/Scheduled Feb 09 Saturday Butrovich 205 10:00 AM -- MEETING CANCELED -- Bills Previously Heard/Scheduled Feb 13 Wednesday Butrovich 205 8:00 AM HB 192 LAYOFF/NONRETENTION OF TEACHERS Bills Previously Heard/Scheduled Including But Not Limited to: = SB 14 RAISE COMP. SCHOOL ATTENDANCE AGE Feb 15 Friday Butrovich 205 8:00 AM No Meeting Scheduled Feb 16 Saturday Butrovich 205 10:00 AM Bills Previously Heard/Scheduled ---------------------------------------- 2008-02-06 Senate Journal Page 1799 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 ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Feb 06 Wednesday Beltz 211 12:00 PM The Constitution: Protecting Public Health Mar 19 Wednesday Butrovich 205 12:00 PM Measuring Success: Improving Health Indicators ---------------------------------------- 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 Mar 17 Monday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator ---------------------------------------- MAJORITY CAUCUS Feb 07 Thursday Senate Finance 532 1:00 PM + SENATE BIPARTISAN WORKING GROUP Open Caucus Regarding a Long Range Fiscal Plan ---------------------------------------- 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