Legislature(2007 - 2008)
2008-02-19 Senate Journal
Full Journal pdf2008-02-19 Senate Journal Page 1911 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Tuesday February 19, 2008 Thirty-sixth Day Pursuant to adjournment the Senate was called to order by President Green at 10:49 a.m. The roll showed eighteen members present. Senators Cowdery, Wilken were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Michael Spainhoward of St. Nicholas Russian Orthodox Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. From the Book of Psalms (excerpted from the Gelineau Psalms by Jacque Gelineau) The heavens proclaim the glory of God and the firmament declares God's handiwork. Day by day takes up the story, and night after night proclaims the message. Gracious God, Creator of all things and from whom comes every good and perfect gift. As you have abundantly blessed this Great Land with every blessing and bounty so that from every corner of it praise and thanksgiving rises to you. Bless also this assembly with the precious gifts of peace, wisdom and love, so that its work may be accomplished to the benefit of the good people of our State and to your eternal glory. Amen. 2008-02-19 Senate Journal Page 1912 Senator Kookesh led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the thirty-second through thirty-fifth 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 10:51 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 11:00 a.m. The purpose of the Joint Session was to hear an address by the Honorable Senator Ted Stevens. 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 Kerttula and Senator Therriault to escort U.S. Senator Stevens to the Joint Session. The Senate Sergeant at Arms, Gary Stambaugh, announced Senator Stevens' entrance to the House Chamber. 2008-02-19 Senate Journal Page 1913 The Honorable Ted Stevens was escorted to the rostrum and welcomed by President Green. Senator Stevens delivered his address. This address appears in Senate and House Joint Journal Supplement No. 13. Following his address, there was a question and answer period. Senator Stevens received a standing ovation and was escorted from the chamber by Senator Therriault and Representative Kerttula. Senator Ellis moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Green adjourned the Joint Session at 11:55 a.m. After Recess In the Senate The Senate reconvened at 1:06 p.m. Messages from the Governor Letter dated and received February 15 was read, stating I withdraw the following names submitted for confirmation in my letter dated January 30 (page 1736): State Board of Registration for Architects, Engineers and Land Surveyors Frank Abegg - Fairbanks George Davidson - Juneau Commission on Judicial Conduct Joseph Miller - Fairbanks Alaska Workers' Compensation Board Douglass Orcutt - Anchorage 2008-02-19 Senate Journal Page 1914 In accordance with AS 39.05.080, I submit the following name for legislative confirmation of appointment to the position noted: Commission on Judicial Conduct Peter Aschenbrenner - Fairbanks Appointed: 2/15/2008 Term Expires: 3/1/2012 The appointment was referred to the Judiciary Committee. The resume for this appointment has been submitted to the Offices of the Senate Secretary and the Chief Clerk. Standing Committee Reports SB 101 The Finance Committee considered SENATE BILL NO. 101 "An Act relating to private professional conservators and private and public guardians" and recommended the adoption of the 2d Labor and Commerce Committee Substitute offered on page 1698. Signing no recommendation: Senators Hoffman, Stedman, Cochairs; Senator Olson. Signing do pass: Senators Elton, Thomas, Dyson, Huggins. The following fiscal information was published today: Fiscal Note No. 5, zero, Department of Health and Social Services The following previously published fiscal information applies: Fiscal Note No. 3, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 4, zero, Department of Administration The bill was referred to the Rules Committee. SB 117 The Health, Education and Social Services 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 the adoption of the Labor and Commerce Committee Substitute offered on page 1784. Signing do pass: Senator Davis, Chair; Senators Elton, Thomas, Dyson. 2008-02-19 Senate Journal Page 1915 The following previously published fiscal information applies: 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 Finance Committee. SB 119 The Rules Committee considered SENATE BILL NO. 119 "An Act establishing a grant program to support public school libraries" and recommended it be replaced with CS FOR SENATE BILL NO. 119(RLS) "An Act relating to grant programs to support libraries." Signing do pass: Senator Stevens, Chair; Senator Ellis. Signing amend: Senators Therriault, Green. Fiscal information forthcoming. The bill was referred to the Rules Committee. SB 158 The Finance Committee considered SENATE BILL NO. 158 "An Act designating the bridge on the George Parks Highway directly north of the Alaska Native Veterans' Honor Bridge as the Shirley Demientieff Memorial Bridge." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas, Dyson, Huggins, Olson. The following fiscal information was published today: Fiscal Note No. 2, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. SB 160 The Health, Education and Social Services Committee considered SENATE BILL NO. 160 "An Act establishing an Alaska health care program to ensure insurance coverage for essential health services for all residents of the state; establishing the Alaska Health Care Board to define essential health care services, to certify health care plans that provide essential health care services, and to administer the Alaska 2008-02-19 Senate Journal Page 1916 health care program and the Alaska health care fund; establishing the Alaska health care clearinghouse to administer the Alaska health care program under the direction of the Alaska Health Care Board; establishing eligibility standards and premium assistance for persons with low income; establishing standards for accountable health care plans; creating the Alaska health care fund; providing for review of actions and reporting requirements related to the health care program; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 160(HES) "An Act establishing an Alaska health care program to ensure insurance coverage for essential health services for residents of the state; establishing the Alaska Health Care Board to administer the Alaska health care program and the Alaska health care fund; establishing the Alaska health care clearinghouse to administer the Alaska health care program under the direction of the Alaska Health Care Board; establishing eligibility standards and premium assistance for persons with low income; creating the Alaska health care fund; providing for review of actions and reporting requirements related to the health care program; and providing for an effective date." Signing do pass: Senator Davis, Chair; Senators Thomas, Elton. Signing do not pass: Senator Dyson. The following fiscal information was published today: Fiscal Note No. 1, Department of Health and Social Services The bill was referred to the Labor and Commerce Committee. SB 176 The Resources Committee considered SENATE BILL NO. 176 "An Act relating to active game management and to the airborne or same day airborne taking of certain game animals; making conforming amendments; and providing for an effective date" and recommended it be replaced with 2008-02-19 Senate Journal Page 1917 CS FOR SENATE BILL NO. 176(RES) Signing do pass: Senator Huggins, Chair; Senator Green. Signing no recommendation: Senators Wagoner, Stevens, McGuire, Stedman. Signing amend: Senator Wielechowski. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Fish and Game The bill was referred to the Judiciary Committee. SB 183 Forthcoming Labor and Commerce Committee fiscal information (page 1882) for SENATE BILL NO. 183 "An Act repealing the defined contribution retirement plans for teachers and for public employees; making conforming amendments; and providing for an effective date" was published today: Fiscal Note No. 1, Department of Administration SB 185 The State Affairs Committee considered SENATE BILL NO. 185 "An Act relating to sex offenders and child kidnappers" and recommended it be replaced with CS FOR SENATE BILL NO. 185(STA) "An Act relating to sex offenders and child kidnappers; and providing for an effective date." Signing do pass: Senator McGuire, Chair; Senators French, Stevens. Signing no recommendation: Senators Green, Bunde. The following fiscal information was published today: Fiscal Note No. 1, Department of Public Safety Fiscal Note No. 2, zero, Department of Administration The bill was referred to the Judiciary Committee. 2008-02-19 Senate Journal Page 1918 SB 202 The State Affairs Committee considered SENATE BILL NO. 202 "An Act relating to expenditures in aid of or to implement the provisions of the federal Real ID Act." Signing do pass: Senator McGuire, Chair; Senator French. Signing do not pass: Senator Bunde. Signing amend: Senator Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Judiciary Committee. SB 211 The Judiciary Committee considered SENATE BILL NO. 211 "An Act relating to an aggravating factor at sentencing for crimes directed at a victim because of the victim's homelessness." Signing do pass: Senator French, Chair. Signing no recommendation: Senators Wielechowski, McGuire. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 2, zero, Department of Administration Fiscal Note No. 3, zero, Department of Administration The bill was referred to the Rules Committee. SB 229 The Resources Committee considered SENATE BILL NO. 229 "An Act relating to the Tanana Valley State Forest and to assignment of certain forest land to the Minto Flats State Game Refuge; and providing for an effective date." Signing do pass: Senator Huggins, Chair; Senators Wagoner, Green, McGuire, Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Natural Resources Fiscal Note No. 2, zero, Department of Fish and Game The bill was referred to the Finance Committee. 2008-02-19 Senate Journal Page 1919 SB 239 The Health, Education and Social Services Committee considered SENATE BILL NO. 239 "An Act relating to the practice of dentistry and to dental assistants" and recommended it be replaced with CS FOR SENATE BILL NO. 239(HES) Signing do pass: Senator Davis, Chair; Senators Elton, Thomas. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 248 The Resources Committee considered SENATE BILL NO. 248 "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." Signing do pass: Senator Huggins, Chair; Senators Stevens, Wagoner. Signing no recommendation: Senators Green, McGuire, Wielechowski. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. SB 253 The Resources Committee considered SENATE BILL NO. 253 "An Act relating to the appointment of members of the Board of Game; and providing for an effective date." Signing do pass: Senator Huggins, Chair; Senators Green, McGuire, Stevens, Wagoner, Stedman. Signing no recommendation: Senator Wielechowski. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Fish and Game The bill was referred to the Rules Committee. 2008-02-19 Senate Journal Page 1920 HB 165 The Resources Committee considered HOUSE BILL NO. 165 "An Act relating to providing field accommodations for big game hunters." Signing do pass: Senator Huggins, Chair; Senators Green, McGuire, Stevens, Wielechowski, Wagoner, Stedman. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Fish and Game Fiscal Note No. 3, zero, Department of Commerce, Community and Economic Development The bill was referred to the Judiciary Committee. Report dated February 18 was read, stating: In accordance with AS 39.05.080, the Judiciary Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Board of Governors of the Alaska Bar Carl Ekstrom - Anchorage Commission on Judicial Conduct Thomas G. Nave - Juneau Peter Aschenbrenner - Fairbanks Robert Sheldon - Anchorage Violent Crimes Compensation Board LeRoy J. Barker - Anchorage This does not reflect an intent by any of the members to vote for or against the confirmation of the individuals during any further sessions. Signing the report: Senator French, Chair; Senators McGuire, Therriault, Huggins, Wielechowski. 2008-02-19 Senate Journal Page 1921 Introduction and Reference of Senate Resolutions SJR 17 SENATE JOINT RESOLUTION NO. 17 BY SENATOR WIELECHOWSKI, Urging the United States Congress to provide a means for consistently sharing, on an ongoing basis, revenue generated from oil and gas development on the outer continental shelf with all coastal energy- producing states to ensure that those states develop, support, and maintain necessary infrastructure and preserve environmental integrity. was read the first time and referred to the Resources Committee. SJR 18 SENATE JOINT RESOLUTION NO. 18 BY SENATOR WIELECHOWSKI, Requesting the President of the United States to direct the United States Consumer Product Safety Commission to test the materials used in children's toys and other children's products for toxicity and to make the results publicly available. was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 BY SENATOR WIELECHOWSKI, Awarding the Alaska Decoration of Honor to certain members of the military. was read the first time and held on the Secretary's desk. 2008-02-19 Senate Journal Page 1922 SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 BY SENATOR WIELECHOWSKI, Relating to implementation of the recommendations of the Governor's Summit on Early Learning. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Introduction and Reference of Senate Bills SB 278 SENATE BILL NO. 278 BY SENATOR WIELECHOWSKI, entitled: "An Act relating to information from veterans on the permanent fund dividend application form." was read the first time and referred to the State Affairs Committee. SB 279 SENATE BILL NO. 279 BY SENATOR DYSON, entitled: "An Act relating to notice and consent for a minor's abortion; relating to penalties for performing an abortion; relating to a judicial bypass procedure for an abortion; relating to coercion of a minor to have an abortion; relating to reporting of abortions performed on minors; amending Rule 24(a), Alaska Rules of Civil Procedure, amending Rule 220, Alaska Rules of Appellate Procedure, and Rule 20, Alaska Probate Rules, relating to judicial bypass for an abortion; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. 2008-02-19 Senate Journal Page 1923 SB 280 SENATE BILL NO. 280 BY SENATOR DAVIS, entitled: "An Act requiring health care insurers to provide insurance coverage for medical care received by a patient during certain approved clinical trials designed to test and improve prevention, diagnosis, treatment, or palliation of cancer; directing the Department of Health and Social Services to provide Medicaid services to persons who participate in clinical trials; relating to experimental treatments; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Labor and Commerce and Finance Committees. SB 281 SENATE BILL NO. 281 BY SENATOR ELTON, entitled: "An Act requiring publication of notice by state agencies when they transfer positions in the classified, partially exempt, or exempt service from one area of the state to another." was read the first time and referred to the State Affairs and Finance Committees. SB 282 SENATE BILL NO. 282 BY SENATOR ELLIS, entitled: "An Act relating to liability for harm to children who are in the custody of the state." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SB 283 SENATE BILL NO. 283 BY SENATOR DYSON, entitled: 2008-02-19 Senate Journal Page 1924 "An Act relating to state budget planning and priorities." was read the first time and referred to the State Affairs and Finance Committees. SB 284 SENATE BILL NO. 284 BY SENATOR GREEN, entitled: "An Act relating to the membership of the Board of Fisheries; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 285 SENATE BILL NO. 285 BY SENATOR STEVENS, entitled: "An Act relating to the power and duties of the Department of Education and Early Development for improving instructional practices in school districts; and providing for an effective date." was read the first time and referred to the Senate Special Committee on Education and Finance Committee. SB 286 SENATE BILL NO. 286 BY SENATOR ELTON, entitled: "An Act relating to creation and regulation of pharmacy benefits managers, and authorizing the board of pharmacy to cooperate with the division of insurance in regulating pharmacy benefits managers." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 287 SENATE BILL NO. 287 BY SENATOR WIELECHOWSKI, entitled: 2008-02-19 Senate Journal Page 1925 "An Act relating to requiring subcontractors without employees acting as independent contractors to secure payment for workers' compensation." was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 288 SENATE BILL NO. 288 BY SENATOR WIELECHOWSKI, entitled: "An Act relating to the procurement, use, storage, and handling of pesticides and broadcast chemicals; and relating to notice and record keeping requirements pertaining to pesticides." was read the first time and referred to the Health, Education and Social Services, Resources and Finance Committees. SB 289 SENATE BILL NO. 289 BY SENATOR HOFFMAN, entitled: "An Act relating to home energy conservation and weatherization for purposes of certain programs of the Alaska Housing and Finance Corporation." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 290 SENATE BILL NO. 290 BY SENATOR HOFFMAN, entitled: "An Act relating to school construction and major maintenance grant applications; and establishing a single set of priorities and a project funding schedule for school construction and major maintenance grants and bond debt reimbursement funding." was read the first time and referred to the Senate Special Committee on Education and Finance Committee. 2008-02-19 Senate Journal Page 1926 SB 291 SENATE BILL NO. 291 BY SENATOR DYSON, entitled: "An Act relating to law enforcement officers issuing administrative search warrants to assist in investigating Internet crimes against children." was read the first time and referred to the State Affairs and Judiciary Committees. SB 292 SENATE BILL NO. 292 BY SENATOR DYSON, entitled: "An Act relating to sexual offenses and inappropriate sexual conduct." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SB 293 SENATE BILL NO. 293 BY SENATOR MCGUIRE, entitled: "An Act relating to electronic communication devices and to personal information." was read the first time and referred to the Labor and Commerce and Judiciary Committees. Consideration of the Calendar Third Reading of Senate Bills SB 57 CS FOR SENATE BILL NO. 57(RES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 57(RES) "An Act relating to fishing, hunting, and trapping in marine park units of the Alaska state park system, amending the area within designated 2008-02-19 Senate Journal Page 1927 marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system" pass the Senate?" The roll was taken with the following result: CSSB 57(RES) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski Excused: Cowdery, Wilken Absent: Bunde and so, CS FOR SENATE BILL NO. 57(RES) passed the Senate and was referred to the Secretary for engrossment. SB 196 CS FOR SENATE BILL NO. 196(FIN) "An Act relating to establishing a controlled substance prescription database" was read the third time. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senators Ellis, Therriault, Green offered Amendment No. 1 : Page 3, line 4: Delete "dispensed for an inpatient" Insert "administered to a patient" Senator Ellis moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. 2008-02-19 Senate Journal Page 1928 Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senators Therriault, Ellis, Green offered Amendment No. 2 : Page 3, line 11, following "payment;": Insert "this paragraph does not authorize the board to include individual credit card or other account numbers in the database;" Senator Therriault moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senators Ellis, Green offered Amendment No. 3 : Page 3, line 12: Delete "and address" Insert ", address, and date of birth" Senator Ellis moved for the adoption of Amendment No. 3. Senator Therriault objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 196(FIN) am Second Reading Amendment No. 3 YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski Nays: McGuire, Therriault Excused: Cowdery, Wilken 2008-02-19 Senate Journal Page 1929 and so, Amendment No. 3 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senators Ellis, Therriault, Green offered Amendment No. 4 : Page 3, line 15: Delete "prescribed or" Senator Ellis moved for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senators Therriault, Ellis, Green offered Amendment No. 5 : Page 3, line 17, following "substance;": Insert "and" Page 3, lines 19 - 20: Delete "; and (9) other relevant information as required by the board" Senator Therriault moved for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. 2008-02-19 Senate Journal Page 1930 Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the bill was returned to second reading. Senators Ellis, Therriault, Green offered Amendment No. 6 : Page 5, following line 17: Insert a new subsection to read: "(i) In the regulations adopted under this section, the board shall provide that prescription information in the database shall be purged from the database after two years have elapsed from the date the prescription was issued or dispensed." Reletter the following subsections accordingly. Senator Ellis moved for the adoption of Amendment No. 6. Senator Therriault objected, then withdrew his objection. There being no further objection, Amendment No. 6 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. Without objection, the bill was returned to second reading. Senator Therriault offered Amendment No. 7 : Page 4, line 30: Delete "$10" Insert "$5" Senator Therriault moved for the adoption of Amendment No. 7. Senator Ellis objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 2008-02-19 Senate Journal Page 1931 CSSB 196(FIN) am Second Reading Amendment No. 7 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner, Wielechowski Nays: Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas Excused: Cowdery, Wilken and so, Amendment No. 7 failed. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 8. Without objection, the bill was returned to second reading. Senators Therriault, Green offered Amendment No. 8 : Page 5, line 5: Delete "tribal and military" Following "dispensers": Insert "that are not regulated by the state" Senator Therriault moved for the adoption of Amendment No. 8. Without objection, Amendment No. 8 was adopted. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 9. Without objection, the bill was returned to second reading. Senator Therriault offered Amendment No. 9 : 2008-02-19 Senate Journal Page 1932 Page 5, lines 13 - 15: Delete "Nothing in this section requires or obligates a dispenser or practitioner to access or check the database before dispensing, prescribing, or administering a medication, or providing medical care to a person." Senator Therriault moved for the adoption of Amendment No. 9. Senator Ellis objected. Senator Olson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Olson was required to vote. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 196(FIN) am Second Reading Amendment No. 9 YEAS: 4 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner Nays: Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Excused: Cowdery, Wilken and so, Amendment No. 9 failed. CS FOR SENATE BILL NO. 196(FIN) am was automatically in third reading. Senator Olson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Olson was required to vote. The question being: "Shall CS FOR SENATE BILL NO. 196(FIN) am "An Act relating to establishing a controlled substance prescription database" pass the Senate?" The roll was taken with the following result: 2008-02-19 Senate Journal Page 1933 CSSB 196(FIN) am Third Reading - Final Passage YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens, Thomas, Wagoner Nays: Dyson, McGuire, Therriault, Wielechowski Excused: Cowdery, Wilken and so, CS FOR SENATE BILL NO. 196(FIN) am passed the Senate and was referred to the Secretary for engrossment. Senator Ellis moved that the Labor and Commerce Committee Letter of Intent offered on page 1785 be adopted as a Senate Letter of Intent. The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: CSSB 196(FIN) am Adopt Letter of Intent? YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski Excused: Cowdery, Wilken and so, the Letter of Intent was adopted. Citations In Memoriam - Thomas Beatty Senator(s) Bunde, Green, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Ruth Breckberg Representative(s) LeDoux Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2008-02-19 Senate Journal Page 1934 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. Special Order of Business Senator Ellis moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Honoring - Elizabeth Peratrovich Day Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, French, 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 Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from February 22 through February 24. Without objection, Senator Stedman was excused. SB 230 Senator Dyson moved and asked unanimous consent that his name be withdrawn as a co-sponsor 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. 2008-02-19 Senate Journal Page 1935 SB 271 Senator Davis moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 271 "An Act relating to state employee health plans that give employees the option to select a federally qualified high deductible health plan and requiring employees who select that plan to establish a health savings account." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SB 57 CS FOR SENATE BILL NO. 57(RES) "An Act relating to fishing, hunting, and trapping in marine park units of the Alaska state park system, amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 196 CS FOR SENATE BILL NO. 196(FIN) am "An Act relating to establishing a controlled substance prescription database" was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 20, 2008. Without objection, the Senate adjourned at 2:17 p.m. Kirsten Waid Secretary of the Senate 2008-02-19 Senate Journal Page 1936 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 19 Tuesday Beltz 211 3:30 PM -- MEETING CANCELED -- Bills Previously Heard/Scheduled Feb 21 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 19 Tuesday Senate Finance 532 9:00 AM += SB 101 GUARDIANSHIP AND CONSERVATORS + SB 158 SHIRLEY DEMIENTIEFF MEMORIAL BRIDGE + SB 231 LOW-INCOME HOUSING; HOMELESSNESS + SB 233 TEACHERS/HEALTH CARE PROFESS HOUSING LOAN + Bills Previously Heard/Scheduled Feb 20 Wednesday Senate Finance 532 9:00 AM + SB 170 INSURANCE COVERAGE FOR WELL-BABY EXAMS + SB 226 VEXATIOUS LITIGANTS + SB 247 MISSING PERSONS + Bills Previously Heard/Scheduled Feb 21 Thursday Senate Finance 532 9:00 AM + SB 201 PUBLIC FINANCE WEBSITE + SB 122 MUNICIPAL PROPERTY TAX EXEMPTION + SB 204 MUNI TAX EXEMPTION: COMBAT DEATHS + HB 67 MUNICIPAL PROPERTY TAX EXEMPTIONS + Bills Previously Heard/Scheduled 2008-02-19 Senate Journal Page 1937 FINANCE (continued) Feb 22 Friday Senate Finance 532 9:00 AM + SB 230 FILM OFFICE/ FILM PRODUCTION TAX CREDIT + SB 249 CAPSTONE AVIONICS FUND/LOANS + HB 61 TAX CREDIT FOR CONTRIBUTIONS TO VOC ED + HB 226 REPEAL TERMINATION OF STEP PROGRAM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 20 Wednesday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled = SB 245 HEALTH CARE: PLAN/COMMISSION/FACILITIES -- Testimony <Invitation Only> -- Feb 21 Thursday Senate Finance 532 3:00 PM -- Location Change -- Joint with House HESS and Special Committee on Education Civic Education Taskforce Final Report Feb 22 Friday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 20 Wednesday Beltz 211 1:30 PM + HB 25 RECREATIONAL LAND USE LIABILITY/ADV. POSS + HB 182 OFFERING PROMOTIONAL CHECKS + Bills Previously Heard/Scheduled Feb 22 Friday Beltz 211 1:30 PM + SB 234 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 19 Tuesday Beltz 211 1:30 PM -- Immediately Following Session -- + SB 149 REDISTRIBUTION OF USED EYEGLASSES + SB 209 EXTEND ALASKA COMMISSION ON AGING Bills Previously Heard/Scheduled 2008-02-19 Senate Journal Page 1938 LABOR & COMMERCE (continued) Feb 21 Thursday Beltz 211 1:30 PM + HB 196 HANDLING MATTERS AFTER A PERSON'S DEATH + HJR 16 OPPOSING MILK TAX Bills Previously Heard/Scheduled Feb 23 Saturday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 20 Wednesday Butrovich 205 3:30 PM += SB 246 SUSITNA HYDRO WORKING GROUP; REPORT + HB 315 EXTEND BIG GAME COMMERCIAL SERVICES BOARD + Bills Previously Heard/Scheduled Feb 22 Friday Butrovich 205 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Feb 25 Monday Butrovich 205 3:30 PM + Presentation: AGIA Applicant Alaska Natural Gas Development Authority + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Feb 19 Tuesday Beltz 211 9:00 AM += SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION += SB 202 PROHIBIT STATE SPENDING FOR REAL ID ACT + Bills Previously Heard/Scheduled Feb 21 Thursday Beltz 211 9:00 AM + SB 232 NAT'L GUARD: COMMAND/ACTIVE SERVICE/PAY + HB 15 BOARD OF FISHERIES CONFLICTS OF INTEREST + HB 260 STATE OFFICERS COMPENSATION COMMISSION + Bills Previously Heard/Scheduled ---------------------------------------- 2008-02-19 Senate Journal Page 1939 TRANSPORTATION Feb 19 Tuesday Butrovich 205 2:00 PM -- Time Changed from 1:00 pm -- + SB 190 MINORS TRAVELING ALONE BY AIR + SB 189 APPROP.: BRIDGES, SERVICE ROADS, TRAILS + Bills Previously Heard/Scheduled Feb 21 Thursday Butrovich 205 1:00 PM -- MEETING CANCELED -- + SB 265 SEX OFFENDERS, KIDNAPPERS DRIVERS LICENSE + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 19 Tuesday Senate Finance 532 3:00 PM + Overview: Governor's Amendments Q & A Mar 10 Monday Senate Finance 532 4:00 PM -- MEETING CANCELED -- + Budget Close-out Mar 11 Tuesday Senate Finance 532 3:30 PM + Budget Close-out ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 29 Friday Butrovich 205 8:00 AM FY09 Budget Overview Mar 07 Friday Butrovich 205 8:00 AM -- MEETING CANCELED -- FY09 Budget Overview Mar 12 Wednesday Butrovich 205 12:00 PM FY09 Budget Overview ---------------------------------------- 2008-02-19 Senate Journal Page 1940 FINANCE SUBCOMMITTEES (continued) GOVERNOR Mar 12 Wednesday Senate Finance 532 3:00 PM Close-out Meeting ---------------------------------------- HEALTH & SOCIAL SERVICES 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> -- ---------------------------------------- LAW Feb 19 Tuesday Fahrenkamp 203 1:30 PM -- Immediately Following Session -- Budget Overview Feb 26 Tuesday Fahrenkamp 203 1:30 PM Budget Detail Mar 04 Tuesday Fahrenkamp 203 1:30 PM Budget Detail Mar 11 Tuesday Fahrenkamp 203 1:30 PM Close-out ---------------------------------------- LEGISLATURE Mar 12 Wednesday Senate Finance 532 3:30 PM Close-out Meeting ---------------------------------------- MILITARY AND VETERANS AFFAIRS Feb 29 Friday Fahrenkamp 203 12:30 PM FY09 Budget Close-out 2008-02-19 Senate Journal Page 1941 FINANCE SUBCOMMITTEES (continued) MILITARY AND VETERANS AFFAIRS (continued) Mar 05 Wednesday Fahrenkamp 203 1:00 PM -- MEETING CANCELED -- FY09 DMVA Budget Close-out ---------------------------------------- NATURAL RESOURCES 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 -- MEETING CANCELED -- FY09 Budget Close-out Mar 11 Tuesday Fahrenkamp 203 4:00 PM FY09 Budget Overview ---------------------------------------- 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> -- ---------------------------------------- REVENUE Feb 21 Thursday Fahrenkamp 203 1:30 PM Budget Overview: Department of Revenue Feb 28 Thursday Fahrenkamp 203 1:30 PM Budget Detail Mar 06 Thursday Fahrenkamp 203 1:30 PM Budget Detail 2008-02-19 Senate Journal Page 1942 FINANCE SUBCOMMITTEES (continued) REVENUE (continued) Mar 13 Thursday Fahrenkamp 203 1:30 PM Close-out ---------------------------------------- UNIVERSITY OF ALASKA Feb 21 Thursday Senate Finance 532 7:30 AM Budget Overview: University of Alaska ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Feb 20 Wednesday Butrovich 205 8:00 AM + Bills Previously Heard/Scheduled Including But Not Limited to: += SCR 16 EDUCATION FUNDING/COST FACTOR COMMISSION Feb 22 Friday Butrovich 205 8:00 AM No Meeting Scheduled Feb 23 Saturday Butrovich 205 10:00 AM No Meeting Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Feb 20 Wednesday House Finance 519 8:30 AM Audit Request Contracts Preliminary Audit- FY07 Statewide Single Audit Other Committee Business ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON SB 125 Feb 20 Wednesday Senate Finance 532 8:00 AM SB 125 PERS/TRS CONTRIBUT'NS;UNFUNDED LIABILITY ---------------------------------------- 2008-02-19 Senate Journal Page 1943 OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Mar 05 Wednesday Butrovich 205 12:00 PM Maximizing Access Measuring Success: Improving Health Indicators Mar 19 Wednesday Butrovich 205 12:00 PM -- MEETING CANCELED -- Measuring Success: Improving Health Indicators Apr 02 Wednesday Butrovich 205 12:00 PM High Quality, Low Cost ---------------------------------------- JOINT SESSION Feb 19 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Ted Stevens, U.S. Senator Mar 18 Tuesday House Chamber 11:00 AM -- Date Change -- Annual Address by the Honorable Lisa Murkowski, U.S. Senator