Legislature(2007 - 2008)
2008-02-21 Senate Journal
Full Journal pdf2008-02-21 Senate Journal Page 1961 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Thursday February 21, 2008 Thirty-eighth Day Pursuant to adjournment the Senate was called to order by President Green at 11:04 a.m. The roll showed seventeen members present. Senators Cowdery, Hoffman, Kookesh were excused from a call of the Senate. The prayer was offered by the Chaplain, Father Michael Spainhoward of St. Nicholas Russian Orthodox Church. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. From Psalm 20 (excerpted from Psalms for Praying by Nan C. Merrill) May the One who created you in wholeness meet your needs when you call! May the Name of Love be your protection and rise up in our hearts as a tower of strength! May all you have given in gratitude and with open hands be returned to you a hundredfold! May your heart's desires and all your plans be fulfilled in due season! Let us shout for joy as Love triumphs over fear; Let our thankful hearts sing in loud acclamation to the Beloved, who answers our heartfelt prayers! Now I know that Love comes to all who open their hearts, and dwells therein offering gifts of peace and harmony. 2008-02-21 Senate Journal Page 1962 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 Olson led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journal for the thirty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 125 Message dated February 21 was read, stating the Speaker appointed the following members to a free conference committee to meet with a like committee from the Senate to consider the following bills: CS FOR SENATE BILL NO. 125(FIN) "An Act relating to the accounting and payment of contributions under the retirement plans of the Public Employees' Retirement System of Alaska and the Teachers' Retirement System, to calculations of contributions under those retirement plans, and to participation in, and termination of and amendments to participation in, the defined benefit plans of those systems; relating to employer contributions to the health reimbursement arrangement plan; making conforming amendments; and providing for an effective date." and 2008-02-21 Senate Journal Page 1963 HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) "An Act relating to the accounting and payment of contributions under the retirement plans of the Public Employees' Retirement System of Alaska and the Teachers' Retirement System, to calculations of contributions under those retirement plans, and to participation in, and termination of and amendments to participation in, the defined benefit plans of those systems; relating to recovery of an award of damages or other recovery by those systems; relating to employer contributions to the health reimbursement arrangement plan; relating to participation in the public employees' defined contribution plan by certain elected officials; making conforming amendments; and providing for an effective date." (Title Change HCR 11) Representative Chenault, Chair Representative Hawker Representative Crawford Message dated February 20 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 21 HOUSE CONCURRENT RESOLUTION NO. 21 BY REPRESENTATIVES STOLTZE, Samuels, Fairclough, Neuman, Johnson, Wilson, Ramras, Dahlstrom, Lynn, Gruenberg, Holmes, Keller, Buch, Kerttula, Roses, Supporting the National Crime Victims' Rights Week of 2008. was read the first time and referred to the Rules Committee. First Reading and Reference of House Bills HB 305 CS FOR HOUSE BILL NO. 305(RLS) am BY THE HOUSE RULES COMMITTEE, entitled: 2008-02-21 Senate Journal Page 1964 "An Act relating to campaign fund raising during a regular or special legislative session; and providing for an effective date." was read the first time and referred to the State Affairs Committee. Standing Committee Reports SB 232 The State Affairs Committee considered SENATE BILL NO. 232 "An Act authorizing the governor to delegate to the adjutant general the authority to order the organized militia into active state service and authorizing the payment of Alaska National Guard called into active state service to fight wildfires at rates of pay established for certain emergency fire-fighting personnel; and providing for an effective date." Signing do pass: Senator McGuire, Chair; Senators Stevens, Green, Bunde. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, indeterminate, Department of Natural Resources Fiscal Note No. 3, indeterminate, Department of Military and Veterans Affairs The bill was referred to the Finance Committee. HB 197 The Judiciary Committee considered HOUSE BILL NO. 197 am "An Act relating to the issuance of shares of professional corporations to a trust, to trusts, to trustees, to the removal of a trustee, to the compensation of a trustee and a person employed by a trustee, to a trustee's accepting or rejecting a trusteeship, to co- trustees, to a vacancy in a trusteeship, to the resignation of a trustee, to delivery of trust property by former trustees, to the reimbursement of trustee expenses, to the certification of a trust, to the suitability of a trustee, to the place of administration of a trust, to a trustee's power to appoint property to another trust, to a change of the percentage of trust property to be considered principal, to the determination of the value 2008-02-21 Senate Journal Page 1965 of a trust, and to a settlor's intent when transferring property in trust; amending Rules 54 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." Signing do pass: Senator French, Chair; Senators Wielechowski, Huggins. The following fiscal information was published today: Fiscal Note No. 3, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 4, zero, Department of Law The bill was referred to the Rules Committee. Special Committee Reports SB 125 The following report was received February 21, 2008: February 20, 2008 Madam President: Mr. Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 125(FIN) "An Act relating to the accounting and payment of contributions under the retirement plans of the Public Employees' Retirement System of Alaska and the Teachers' Retirement System, to calculations of contributions under those retirement plans, and to participation in, and termination of and amendments to participation in, the defined benefit plans of those systems; relating to employer contributions to the health reimbursement arrangement plan; making conforming amendments; and providing for an effective date." and HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) "An Act relating to the accounting and payment of contributions under the retirement plans of the Public Employees' Retirement System of Alaska and the Teachers' Retirement System, to calculations of contributions under those retirement plans, and to participation in, and 2008-02-21 Senate Journal Page 1966 termination of and amendments to participation in, the defined benefit plans of those systems; relating to recovery of an award of damages or other recovery by those systems; relating to employer contributions to the health reimbursement arrangement plan; relating to participation in the public employees' defined contribution plan by certain elected officials; making conforming amendments; and providing for an effective date." has met and failed to reach agreement on the bills, and furthermore feels that an agreement cannot be reached even with limited powers of free conference. Therefore, the Conference Committee on SENATE BILL NO. 125 respectfully requests that this conference committee be discharged and a free conference committee be appointed. Signing the report: Senators Huggins, Bunde; Representative Meyer, Chair, Representatives Samuels, Kerttula. A facsimile page dated February 21 was attached with the signature of Senator Hoffman, Chair. President Green discharged the conference committee and appointed the following members to a free conference committee to meet with the like committee from the House: Senator Stedman, Chair Senator Stevens Senator Wilken House members appointed February 21 (page 1963). The Secretary was requested to notify the House. Unfinished Business HB 305 President Green added a Judiciary Committee referral to CS FOR HOUSE BILL NO. 305(RLS) am "An Act relating to campaign fund raising during a regular or special legislative session; and providing for an effective date." 2008-02-21 Senate Journal Page 1967 The bill was referred to the Judiciary then State Affairs Committees. SCR 18 Senators Huggins, French moved and asked unanimous consent to be shown as cosponsors on SENATE CONCURRENT RESOLUTION NO. 18 Awarding the Alaska Decoration of Honor to certain members of the military. Without objection, it was so ordered. SB 290 Senator Olson moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 290 "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." Without objection, it was so ordered. SCR 18 Senator Ellis moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 18 Awarding the Alaska Decoration of Honor to certain members of the military. Without objection, it was so ordered. SENATE CONCURRENT RESOLUTION NO. 18, which had been held on the Secretary's desk (page 1950) was read the second time and was before the Senate on final passage. Senator Wielechowski offered Amendment No. 1 : Page 1, line 5: Delete "for" Page 3, following line 7: Insert a new paragraph to read: "(48) David Q. Douthit;" Renumber the following paragraphs accordingly. Senator Wielechowski moved for the adoption of Amendment No. 1. Senator Therriault objected, then withdrew his objection. There being no further objection, Amendment No. 1 was adopted. 2008-02-21 Senate Journal Page 1968 The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 18 am Awarding the Alaska Decoration of Honor to certain members of the military, pass the Senate?" The roll was taken with the following result: SCR 18 am Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Green, Huggins, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Excused: Cowdery, Hoffman, Kookesh and so, SENATE CONCURRENT RESOLUTION NO. 18 am passed the Senate and was referred to the Secretary for engrossment. Senators Ellis, Therriault moved and asked unanimous consent to be excused from a call of the Senate on February 25 to morning plane time. Without objection, Senators Ellis, Therriault were excused. Announcements Announcements are at the end of the journal. Engrossment SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 am Awarding the Alaska Decoration of Honor to certain members of the military, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 25, 2008. Without objection, the Senate adjourned at 11:31 a.m. Kirsten Waid Secretary of the Senate 2008-02-21 Senate Journal Page 1969 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 21 Thursday Beltz 211 3:30 PM No Meeting Scheduled Feb 26 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Feb 28 Thursday Beltz 211 3:30 PM + SB 254 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE 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 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 2008-02-21 Senate Journal Page 1970 FINANCE (continued) Feb 25 Monday Senate Finance 532 9:00 AM + SB 223 G.O. BONDS FOR CRIME LAB + SB 224 G.O. BONDS FOR TRANSPORTATION PROJECTS + SB 236 TRANSPORTATION FUND + Bills Previously Heard/Scheduled Feb 26 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 27 Wednesday Senate Finance 532 9:00 AM += HB 273 EDUCATION FUNDING + HB 321 SALMON PRODUCT DEVELOPMENT TAX CREDIT + SB 216 PURPLE HEART TRAIL + Bills Previously Heard/Scheduled Feb 28 Thursday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Feb 29 Friday Senate Finance 532 9:00 AM += HB 13 RETIREMENT SYSTEM LIABILITY/BONDS/CORP. + SB 229 TANANA VALLEY FOREST/MINTO FLATS REFUGE + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES 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 Feb 25 Monday Butrovich 205 1:30 PM + SB 267 DOCUMENT PRENATAL ALCOHOL EXPOSURE + SB 243 COMMISSION ON AGING Bills Previously Heard/Scheduled 2008-02-21 Senate Journal Page 1971 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Feb 27 Wednesday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled Feb 29 Friday Butrovich 205 1:30 PM + SB 191 PUBLIC EDUCATION OF HOMELESS STUDENTS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 22 Friday Beltz 211 1:30 PM -- MEETING CANCELED -- + SB 234 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL + Bills Previously Heard/Scheduled Feb 25 Monday Beltz 211 1:30 PM + Presentation: Tony Palmer, TransCanada Withdrawn Partners Liability Issues -- Testimony <Invitation Only> -- Feb 27 Wednesday Beltz 211 1:30 PM + SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION + SB 202 PROHIBIT STATE SPENDING FOR REAL ID ACT + SB 273 CRUELTY TO ANIMALS + Bills Previously Heard/Scheduled Feb 29 Friday Beltz 211 1:30 PM += SB 234 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL + SB 164 USED MOTOR VEHICLE SALES + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE 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 += SB 153 PEACE OFFICERS/FIRE FIGHTER RETIREMENT += SB 209 EXTEND ALASKA COMMISSION ON AGING 2008-02-21 Senate Journal Page 1972 LABOR & COMMERCE (continued) Feb 23 Saturday Beltz 211 1:30 PM -- MEETING CANCELED -- Bills Previously Heard/Scheduled Feb 26 Tuesday Beltz 211 1:30 PM + SB 160 MANDATORY UNIVERSAL HEALTH CARE Bills Previously Heard/Scheduled += SB 149 REDISTRIBUTION OF USED EYEGLASSES Feb 28 Thursday Beltz 211 1:30 PM + SB 113 NURSING MOTHERS IN WORKPLACE + SB 258 PAID SICK LEAVE Bills Previously Heard/Scheduled += SB 160 MANDATORY UNIVERSAL HEALTH CARE Mar 01 Saturday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES 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 + HB 315 EXTEND BIG GAME COMMERCIAL SERVICES BOARD -- Testimony <Invitation Only> -- Feb 27 Wednesday Butrovich 205 3:30 PM + SB 214 HUNTING BY MEMBERS OF THE MILITARY + Bills Previously Heard/Scheduled += SB 246 SUSITNA HYDRO WORKING GROUP; REPORT -- Testimony <Invitation Only> -- 2008-02-21 Senate Journal Page 1973 RESOURCES (continued) Feb 29 Friday Butrovich 205 3:30 PM + Presentation: Process & Requirements for Large Mine Permit Applications in Alaska + Bills Previously Heard/Scheduled Mar 01 Saturday Butrovich 205 11:00 AM + SJR 17 OFFSHORE OIL & GAS REVENUE -- Testimony <Time Limit May Be Set> -- + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS 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 Feb 26 Tuesday Beltz 211 9:00 AM += HB 260 STATE OFFICERS COMPENSATION COMMISSION + SB 181 ANATOMICAL GIFTS + SJR 12 CRUISE SHIP PORT TIMES: JONES ACT + Bills Previously Heard/Scheduled Feb 28 Thursday Beltz 211 9:00 AM + SB 218 CHILD SAFETY SEATS & SEAT BELTS + SB 276 STATE CONSTRUCT'N PROJECT LABOR AGREEMENT + SB 208 SEX OFFENSES: 'WITHOUT CONSENT' DEFINED + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 21 Thursday Butrovich 205 1:00 PM -- MEETING CANCELED -- + SB 265 SEX OFFENDERS, KIDNAPPERS DRIVERS LICENSE + Bills Previously Heard/Scheduled 2008-02-21 Senate Journal Page 1974 TRANSPORTATION (continued) Feb 26 Tuesday Butrovich 205 1:00 PM + Financial Oversight Hearing on the Juneau Road Project Feb 28 Thursday Butrovich 205 1:00 PM += SB 190 MINORS TRAVELING ALONE BY AIR += SB 189 APPROP.: BRIDGES, SERVICE ROADS, TRAILS += SB 265 SEX OFFENDERS, KIDNAPPERS DRIVERS LICENSE + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION 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 ---------------------------------------- FISH & GAME Feb 25 Monday Senate Finance 532 3:00 PM Fish & Game Budget Meeting 2008-02-21 Senate Journal Page 1975 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 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 2008-02-21 Senate Journal Page 1976 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 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 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 Mar 13 Thursday Fahrenkamp 203 1:30 PM Close-out 2008-02-21 Senate Journal Page 1977 FINANCE SUBCOMMITTEES (continued) UNIVERSITY OF ALASKA Feb 21 Thursday Senate Finance 532 7:30 AM Budget Overview: University of Alaska ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Feb 22 Friday Butrovich 205 8:00 AM No Meeting Scheduled Feb 23 Saturday Butrovich 205 10:00 AM No Meeting Scheduled Feb 27 Wednesday Butrovich 205 8:00 AM + SB 285 STATE INTERVENTION IN SCHOOL DISTRICT Bills Previously Heard/Scheduled Feb 29 Friday Butrovich 205 8:00 AM + Bills Previously Heard/Scheduled Mar 01 Saturday Butrovich 205 10:00 AM + Bills Previously Heard/Scheduled Mar 08 Saturday Butrovich 205 1:30 PM + Workshop on Charter Schools ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON SB 59 Feb 29 Friday Beltz 211 9:30 AM SB 59 GAMING: BROADCASTING/CABBAGE CLASSICS ---------------------------------------- 2008-02-21 Senate Journal Page 1978 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 Mar 18 Tuesday House Chamber 11:00 AM -- Date Change -- Annual Address by the Honorable Lisa Murkowski, U.S. Senator